On behalf of Berkshire Ginsberg, LLC posted on Friday, May 31, 2013.
Pedestrians are a sometimes vulnerable group which the law protects. A 23-year old Portland woman was recently killed in an auto-pedestrian accident in a community just outside of Portland. The fatal pedestrian accident took place while the woman was walking along a highway and was struck by a minivan, killing her. The driver said that he was traveling at 55 miles per hour when the accident occurred. Authorities have said that they do not expect charges to be filed against the driver at this time. Fatal pedestrian accidents are a serious issue. The National Highway Traffic Safety Administration reports that 5,000 pedestrians are killed a year in auto accidents. The standard of proof in a civil case, which is brought by an injured victim against a negligent party responsible for the injury the victim suffered, differ from criminal cases. A wrongful death case is a type of civil case wherein the claim is brought by a representative of the lost loved one’s estate for the benefit of surviving family members. Damages that family members can receive include loss of support and services, lost prospect of inheritance, as well as medical and funeral expenses. Wrongful death claims in fatal pedestrian accidents, like all personal injury accidents, are based on the concept of negligence. Negligence is based on the idea that individuals owe a duty of reasonable care to other individuals and when they do not honor that duty, and cause an injury, the negligent party, or negligent driver, should bear responsibility for the damages the victim has suffered. While a legal claim cannot compensate for the loss of the loved one, family members can recover economic damages that arise from the loss. Pedestrian accidents are a serious issue and the legal system recognizes that. As is the case whenever a loved one is lost due to the negligence of another, remedies are available for surviving family members to consider. Source: The Republic, “23-year-old woman killed while walking on rural highway near Hillsboro; no charges expected,” Author Unknown, May 19, 2013