Who Pays For Funeral Costs After A Pedestrian Accident?

Living in California, most residents enjoy the walkability of their neighborhood. It can be faster and less stressful than the effort needed to locate a parking space and offers exceptional health benefits. However, even the safest of pedestrians is at the mercy of drivers who might be less attentive or in a hurry to remain on schedule during their overbooked day. These issues and many others can turn a short relaxing walk into a tragedy in a fraction of a second.

When a pedestrian is struck by a vehicle, the potential for catastrophic injuries is likely. Traumatic brain injuries, spinal cord damage, shattered bones, and severe internal injuries are prevalent when a pedestrian is struck by a vehicle. And sadly, in many cases, the victim succumbs to those injuries immediately or in the following days. Regardless, the result is devastation and grief for the family and loved ones of the pedestrian that the driver of the vehicle senselessly struck down.

If you have lost a loved one due to a pedestrian versus car accident, you understand the emotions that come with this sudden loss. In addition, you are keenly aware of the many responsibilities that fall on the family, including making the arrangements for their loved one’s funeral. And those difficult decisions are made all the more stressful as you worry about the financial challenges of paying for funeral costs after a pedestrian accident.

You might not be aware that in California, the negligent driver who hit and killed your loved one could be responsible for the funeral costs and more. But to secure compensation, you will need to pursue a wrongful death claim, which is not as simple as it sounds. Fortunately, the expert pedestrian accident wrongful death lawyers at Kenmore Law Group are here to provide their guidance and expertise in your time of need.

Our staff empathizes with your loss as a result of a negligent driver. And though no amount of money will bring your loved one back to you, we hope that our contribution can help relieve the financial stress of paying for your loved one’s funeral and other expenses related to the accident. So please get in touch with our office 24/7 to schedule a free consultation to evaluate the circumstances surrounding the accident and determine if you have grounds to file a wrongful death claim. Our pedestrian accident wrongful death lawyers have decades of combined experience seeing that justice is served for the loved ones of a fatal pedestrian accident. And we will put all of that expertise to work for you and your family.
The Most Common Causes Of Pedestrian Accidents in Los Angeles
Unfortunately, the cause of most pedestrian versus car accidents is negligence on the part of the vehicle’s driver. According to the California DMV, pedestrians have the right of way in marked and unmarked crosswalks. In addition, even a pedestrian struck by a motorist when jaywalking is not defenseless. So the majority of the responsibility in many cases of a pedestrian struck by a vehicle falls to the car driver. Other examples of driver negligence include:

• Driving faster than the speed limit
• Driving faster than is prudent for the weather or environmental conditions
• Distracted driving, such as using a mobile device or eating
• Driving recklessly without regard for other’s safety, such as driving on a sidewalk, turning without looking for pedestrians, weaving through traffic
• Ignoring traffic signals, including running red lights, turning against the light, failing to yield to a pedestrian

In essence, even if a pedestrian has made a poor choice or placed himself in danger, a driver should be in control of his vehicle and prevent an accident.

Establishing Liability
Four elements of negligence must be established to determine whether a driver is liable for an accident involving a pedestrian. These elements include:

1. Duty of Care
2. Breach of Duty
3. Cause
4. Harm

All drivers have a duty of care to drive in a safe manner. When drivers drive irresponsibly and recklessly, they breach their duty of care. The driver’s breach of duty must be responsible for the accident in which the pedestrian was struck by the car. The car must harm the pedestrian. If all of these have occurred, the surviving family of the victim can sue the driver for wrongful death, which could include paying for the cost of the funeral.
Who Can Sue For Wrongful Death
In California, the victim’s spouse, domestic partner, or children can sue for wrongful death within the 2 year Statute of Limitations. However, there are also a few exceptions to this rule in the event that none of these relatives are living. The pedestrian accident wrongful death lawyers at Kenmore Law Group will help you understand who can file a claim for the wrongful death and how to move forward in gathering documentation and evidence to support that claim.
The Documents You Will Need To Pursue Wrongful Death Litigation
Your legal experts at Kenmore Law Group will assist you in gathering the following crucial documents to file a wrongful death claim:

• Photos of the victim’s injuries
• Photos and any video footage of the scene of the accident and the surrounding area
• All medical records pertaining to the accident and medical expenses if the victim was taken to the hospital
• Copies of reports created by first responders at the accident scene
• Insurance information for the driver of the car and any accidental death insurance help by the victim
• A record of the loss of income due to the victim’s death
• All expenses incurred on behalf of the victim, including funeral expenses

Understanding The Cost Of A Funeral In California
It could be unsettling to discover that California’s most basic funeral services can quickly exceed $10,000. And that number is for only the essentials, including:

• Purchase of a burial plot
• Buying a casket
• Paying for the headstone, delivery, and installation
• Transportation and preparation of the body
• Fees for the funeral home staff and facility
• Paying for the viewing and memorial service

Other fees you might incur include publishing the obituary, flowers, and any memorial items for loved ones. As you can see, the costs quickly add up, with many funerals exceeding twice the amount of the most basic items listed above.

Determining The Settlement Amount
Most grieving family members have no idea how a settlement amount is determined. The pedestrian accident wrongful death lawyers at Kenmore Law Group will help you determine all the expenses related to the accident. This amount can include medical bills, funeral costs, and other bills that have arrived pertaining to services or care of your deceased loved one and their final arrangements. In addition, other factors, such as loss of income for dependents and other losses, will be evaluated to determine a reasonable amount for the wrongful death lawsuit and possibly an alternate amount if you are willing to accept a settlement without going to court.
How Long Will The Law Suit Or Settlement Process Take?
There is no exact answer to this question. Every litigation is slightly different and will dictate its own timeline. However, the pedestrian accident wrongful death lawyers at Kenmore Law Group can pledge to work diligently to move the process along as rapidly as possible. We understand that the sooner we secure your settlement or verdict, the sooner you can begin to put this painful event behind you and pay the final expenses related to the accident.
Our No-Fee Guarantee
Very few things come with a genuine guarantee. However, when you work with the wrongful death experts at Kenmore Law Group, we make one promise. You will never see a bill from our law firm until we have won a verdict or settlement on behalf of your lost loved one. We know that you are dealing with many financial and emotional challenges during this time. And we are adamant about offering our help and professional legal services without adding to your stress and the pile of unpaid bills. We submit the invoice for our services after you have been paid.
You Deserve A Second Opinion
Even if another law firm has declined to take your wrongful death case, we ask you to contact Kenmore Law Group. We provide a free second opinion to grieving families seeking final justice for a lost loved one. We know that not all law firms are genuinely interested in helping victims’ families, but rest assured, we are here to seek justice for you, your family, and your lost loved one. If we see merit in your case, even if it presents some challenges, such as jaywalking or other questions, we know that our team is the best at successfully securing a settlement for the family of a pedestrian hit by a car. Let us help you to determine who was negligent and should be held responsible for paying for funeral expenses and other costs associated with the accident and the loss of your family member.