26-Year-Old North Carolina Man Killed in Pedestrian Accident

Last month, a pedestrian was struck by a vehicle in Onondaga County. The victim who died in the pedestrian accident was a 26-year-old man from North Carolina. The driver was driving southbound on Northern Boulevard with his wife and child, and they allegedly swerved to avoid the pedestrian on the road at the time. While the driver and his family were uninjured, the pedestrian died from his injuries. The investigation into what caused the accident is ongoing.

Surviving family members may wonder where to turn when pedestrians are involved in fatal accidents. In addition to grieving the untimely loss of their loved one, they may be facing medical expenses and losing their loved one’s income. They may wonder whether the responsible driver has enough insurance or what happens after a hit-and-run accident. In North Carolina, deaths caused by another person’s negligence or recklessness are called “wrongful deaths.”

When another person’s negligence results in a fatal accident, such as a pedestrian accident, the representative of the deceased has the right to file a lawsuit on behalf of the deceased person's estate and heirs. The court will appoint a personal representative to act as the deceased individual’s fiduciary representative and manage their affairs. After a successful wrongful death lawsuit, the survivors will receive the settlement or verdict amount per North Carolina’s intestacy rules.

The surviving spouse will receive the entire amount unless there are also surviving children or parents of the deceased. In that case, they may be entitled to a share, depending on the amount recovered and other circumstances. With the professional counsel of an attorney, it can be easier for families to pursue these complex matters.

Facing the future when your loved one has been killed in a pedestrian accident may seem daunting. If your loved one contributed to your household income, you might be worried about meeting your family’s financial needs. Under North Carolina law, the surviving family members of a wrongful death victim may have the right to be compensated for their financial losses. The types of recoverable damages include the following:

• Expenses for the care, medical treatment, and hospitalization relevant to the injury that resulted in death
• Compensation for the decedent’s pain and suffering
• The reasonable funeral expenses of the decedent
• The present monetary value of the decedent to the persons entitled to receive the damages, including compensation for the loss of the reasonably expected net income of the decedent, services, protection, care, and assistance of the decedent, and society, companionship, comfort, guidance, kindly offices, and advice of the decedent to the persons entitled to the damages recovered

The family may require punitive damages if the driver wrongfully caused the pedestrian’s death through malice or willful or wanton conduct. Sometimes, a person suffers a catastrophic injury and passes away after receiving medical treatment. If this was the situation with your loved one, you might be entitled to compensation for those medical expenses. Our medical team has helped countless clients who have lost family members to injuries caused by negligence.

Have you recently lost your loved one in a pedestrian accident that was not their fault? The experienced, compassionate personal injury attorneys at Arnold & Smith, PLLC, are prepared to fight for you. We are dedicated to providing families throughout North Carolina with the professional, respectful legal representation they need following a wrongful death incident.

We can help you gather all the documents you will need to pursue a claim, including the decedent’s death certificate, tax documents, military discharge, and any evidence that the at-fault party’s negligence caused the pedestrian accident that resulted in your loved one’s death. We will investigate your case and determine whether a distracted driver, defective auto part, intoxicated driver, or another type of negligence caused your loved one’s death.

We handle wrongful death cases with sensitivity and compassion while pursuing damages with tenacity and skill. We know that no amount of compensation will make up for your loss. However, by pursuing a claim, you may recover the compensation you deserve and a much-needed sense of justice. Contact Arnold & Smith, PLLC, to schedule a free case evaluation and learn more about your legal rights.