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Losing a loved one in a pedestrian accident is a devastating experience, and the pain is often compounded by questions of accountability. In California, if your family member tragically lost their life in a pedestrian accident, you may wonder about your legal options and whether suing the city is a possibility. Here’s what to know about the avenues available to you and the considerations involved in seeking justice after such a tragic event.
Understanding Liability in Pedestrian Accidents
Pedestrian accidents can result from various factors, including driver negligence, unsafe road conditions, or inadequate traffic control measures. Establishing liability is crucial in determining who may be held accountable for the accident.
City Liability in Pedestrian Accidents
Cities and municipalities have a responsibility to maintain safe roadways and pedestrian infrastructure. If the accident occurred due to poorly maintained crosswalks, malfunctioning traffic signals, or other hazards within the city’s control, there may be grounds for legal action.
Governmental Immunity
It’s important to note that governmental entities, including cities, enjoy certain immunities that shield them from certain types of lawsuits. However, California law allows for exceptions, particularly in cases involving dangerous conditions on public property that the government entity knew about or should have known about.
Claims Under the California Tort Claims Act
Pursuing legal action against a city often involves navigating the California Tort Claims Act (CTCA). This legislation outlines the process for filing claims against governmental entities, including cities. Strict timelines and procedural requirements must be followed for a claim to be considered.
Establishing Negligence
To sue the city successfully, it is essential to establish negligence. This may involve demonstrating that the city was aware of a hazardous condition, failed to address it within a reasonable time frame, and that this failure directly contributed to the pedestrian accident.
Wrongful Death Claims
If a loved one has lost their life in a pedestrian accident, you may be eligible to file a wrongful death claim. Wrongful death actions seek compensation for the financial and emotional losses suffered by surviving family members due to the negligent actions of another party.
Compensation for Damages
While no amount of compensation can replace a lost loved one, pursuing a legal claim may help provide financial support for funeral expenses, medical bills, loss of income, and the emotional anguish endured by the surviving family.
Beyond seeking compensation, legal actions can bring attention to unsafe conditions, prompting cities to address and rectify hazardous situations. This advocacy can contribute to enhanced pedestrian safety measures, potentially preventing similar tragedies in the future.
The Attorneys at Ardalan & Associates, PLC Help Those in California Who Have Lost a Loved One in a Pedestrian Accident
During such challenging times, having a compassionate and knowledgeable attorney by your side can make a significant difference. An attorney can provide support, guide you through the legal process, and advocate for your rights as you seek justice for your loved one.
At Ardalan & Associates,PLC, our qualified California personal injury attorneys will help to walk you through the process every step of the way. We will fight for the justice you deserve. To learn more or schedule a free consultation, contact us today!