The loss of a loved one in a Roanoke pedestrian accident is a tragedy that no family should have to endure. When that death was caused by someone else’s negligence or recklessness, the grief is compounded by a sense of injustice and the knowledge that it could have been prevented.
If your family member was killed in a pedestrian accident, you may be entitled to pursue a lawsuit to seek accountability and compensation. Here is what you need to know about the wrongful death process in Roanoke.
Causes of Fatal Pedestrian Accidents in Roanoke
Without the protection of a vehicle surrounding them, pedestrians suffer severe or fatal injuries even in low-speed collisions. The human body is not built to withstand the forces generated when it is struck by thousands of pounds of metal.
Common causes of fatal pedestrian accidents include:
- Distracted driving
- Speeding
- Failure to yield at crosswalks
- Driving under the influence
- Poor visibility
- Running red lights
- Improper turns
- Backing up without looking
- Road design flaws
Virginia’s Wrongful Death Laws and Time Limitations
In Virginia, a wrongful death is defined as one caused by the wrongful act, default, or neglect of another party. If your loved one died in a pedestrian collision, you have the right to hold the responsible party liable for the devastating loss they caused your family. However, there are several rules that you will need to be aware of.
Virginia law requires wrongful death claims to be filed by the personal representative of the deceased person’s estate, not directly by family members. This representative acts on behalf of surviving family who will ultimately receive any compensation awarded.
There are also strict time constraints. Virginia’s statute of limitations gives you only two years from the date of death to file a wrongful death lawsuit. Courts typically dismiss claims filed after this deadline, regardless of their merit, unless they qualify for a rare exception.
Damages Available to Surviving Family Members
When you lose a loved one in a pedestrian accident, the impact can be profound. Your world stops while medical bills arrive in the mail, funeral costs accumulate, and the financial security your loved one provided vanishes.
Wrongful death lawsuits acknowledge both economic and emotional losses resulting from your family member’s death. There are many types of compensation that you may recover, such as:
- Sorrow and mental anguish
- Loss of companionship, comfort, guidance, and advice
- Lost income, wages, and benefits the deceased would have earned
- Loss of services, protection, care, and assistance
- Medical expenses related to the final injury or illness
- Funeral and burial expenses
In cases involving particularly reckless behavior that demonstrates conscious disregard for pedestrian safety, the court may award punitive damages. This additional form of compensation aims to punish egregious conduct and deter similar behavior in the future. Contact a Roanoke wrongful death lawyer today for a free consultation.
Start Your Legal Journey with Monge & Associates Today
If you have lost a loved one due to a pedestrian accident in Roanoke, trust Monge & Associates to help you navigate this unimaginably difficult time. While no amount of compensation can bring back your family member, pursuing justice can provide a sense of closure and alleviate financial burdens caused by someone else’s negligence. Contact us at (888) 477-0597 for a confidential consultation and take the first step toward holding those responsible accountable.