Coping with the Aftermath of a Fatal Car Accident: A Personal Account and Plea for Guidance

A personal experience has led me to share my story here, as I navigate the troubling aftermath of a tragic event. Recently, I found myself involved in a fatal car accident that I did not cause, yet I am now facing the possibility of a lawsuit from the family of the deceased pedestrian.

The incident occurred late at night, around 11 PM, while I was heading home from work. I was driving at 45 miles per hour on a road with a 50-mile-per-hour speed limit. At that moment, the pedestrian was positioned in the center median, and the Do Not Walk signal was clearly illuminated. As I approached the traffic light, which was green for me, the pedestrian unexpectedly stepped into the road. Dressed entirely in black and obscured by a tree in the median, he was not visible until it was too late for me to react.

Immediately following the accident, I called 911 and took the initiative to manage the flow of traffic, risking my own safety to prevent further disaster. Fortunately, a dash cam captured the entire event, corroborating my account. The footage clearly shows that I had the right of way and that I was not driving recklessly. The police report, after reviewing the dash cam evidence and interviewing witnesses, attributed full blame to the pedestrian. Additionally, the pedestrian was discovered to have empty beer cans in his backpack, although a formal toxicology report was not conducted.

Fast forward five months, I received news from my insurance company. They informed me that the family has appointed an attorney and inquired whether I would be willing to disclose my policy limits, which amount to $25,000. Although my insurer believes I am not at fault, they cautioned me about the potential for a wrongful death lawsuit that could exceed my policy limits. In California, where I reside, the principle of comparative negligence means that a jury could assign even a small percentage of blame to me, which would put my finances at significant risk.

The prospect of legal action is weighing heavily on me. I live paycheck to paycheck, and this situation has the potential to financially cripple me for life. Despite my awareness of the rules of the road and my efforts to avoid the collision, I am struggling with the emotional fallout. The trauma from that night has lingered, haunting my dreams and preventing me from finding peace.

I am reaching out to the community for any legal advice