When a loved one is killed in a pedestrian accident, the grief is overwhelming. But what happens when the police report blames the victim? If your family member was crossing the street at night or outside a crosswalk, you might think you have no legal recourse.
Many grieving families choose not to hire a lawyer because they accept the official narrative that the accident was unavoidable due to darkness or crossing outside a crosswalk. Insurance companies rely on this hesitation to avoid paying out a fair wrongful death settlement.
In this case study, a grieving sister almost did not call us. However, once Kohan & Bablove took the case, we spotted critical lies in the defendant’s statement immediately. We exposed police report errors and used aggressive insurance adjuster negotiation tactics. The result was a full $1,000,000 policy limits settlement paid out within just a couple of months.
The Challenge: A Grieving Family vs. A Negative Police Report
The Tragic Circumstances: Auto vs. Pedestrian at Night
The aftermath of a fatal pedestrian accident leaves a family in shock and disbelief. Our client reached out to Kohan & Bablove during the darkest moment of her life after her brother was struck and killed by a vehicle. The collision occurred in the middle of the night, which made the details difficult to piece together initially. The sudden violence of an auto vs. pedestrian crash is traumatizing enough on its own. However, the legal aftermath can often feel just as cruel to the surviving family members who are left with more questions than answers.
The Police Report: Blaming the Victim for “Poor Visibility”
The initial investigation by law enforcement did not bring the family comfort. Instead, it brought blame. The official traffic collision report was devastating for the victim’s sister. The officers on the scene focused heavily on the fact that the victim was crossing outside a crosswalk in an area with dim streetlamps. They concluded that this was a poor lighting accident and placed primary fault on the pedestrian for being in the roadway. The report suggested the driver had no way to see him in time to stop due to the darkness. This “official” narrative effectively exonerated the driver while placing blame on the deceased.
Why the Family Almost Didn’t Hire a Lawyer
Because of these findings, the family almost did not pursue a wrongful death settlement. The sister assumed that the police report was the final word on the matter. She believed that because her brother was technically jaywalking, the insurance company would deny the claim outright. This is a common trap for victims and their families. They often fail to realize that police report errors are common and that “fault” in a police report is not the same as legal liability in a civil case. They nearly walked away from justice because they thought the case was hopeless against such a negative official record.
The Strategy: Spotting Inconsistencies and Aggressive Negotiation
Immediate Action: Engaging the Insurance Adjuster
Time is often the enemy in personal injury cases. While many law firms wait weeks or even months for the police investigation to conclude officially, the team at Kohan & Bablove took a different approach. We engaged the insurance adjuster in the negotiation process immediately. Speed was a critical factor in preserving the truth of this case.
We knew that insurance companies start building their defense the moment an accident is reported. By stepping in early, we prevented them from cementing their denial based solely on the preliminary police notes. This proactive strategy allowed us to control the narrative of the wrongful death settlement discussion from day one rather than playing catch-up later.
Exposing the Defendant’s Lies: It Wasn’t Just the “Darkness”
Our attorneys are trained to see what others miss in the details of a crash. We meticulously analyzed the defendant’s statement to the police and found glaring inconsistencies that the officers on the scene had overlooked. The defense relied heavily on the argument that the victim was crossing outside a crosswalk in the dark. However, we dug deeper.
We proved that, despite the location of the pedestrian, the driver still had a legal duty of care to watch the road. We demonstrated that the excuse of a poor lighting accident did not justify the driver’s negligence because their headlights should have illuminated the victim in time to stop. We successfully argued that police report errors regarding visibility did not absolve the driver of responsibility. The driver was simply not paying attention.
Demanding the Maximum: Pursuing the Policy Limits
Once we exposed these critical flaws in the defense’s story, the leverage shifted entirely to our client. We did not approach the insurance carrier to ask for a compromise or a small settlement. We demanded the full value of the insurance policy based on the clear liability we uncovered.
We made it clear to the adjuster that we were ready to file a lawsuit if they did not pay. Our goal was to maximize policy limits for the grieving family. We argued that the loss of life warranted nothing less than the maximum available compensation. This aggressive stance forced the insurance company to reevaluate their risk and ultimately agree to our terms.
The Outcome: $1,000,000 Settlement in Record Time
Justice Delivered Within Months
At Kohan & Bablove Injury Attorneys, we know that time is absolutely crucial for grieving families. Because our legal team dismantled the driver’s false story so quickly, the insurance company was backed into a corner. They reviewed our compiled evidence and knew they would lose at trial.
By exposing the absolute truth about this fatal pedestrian accident, we completely shifted the power dynamic. Instead of engaging in a frustrating and prolonged insurance adjuster negotiation, the carrier agreed to settle. They agreed to maximize policy limits and paid the entire $1,000,000 wrongful death settlement within just a couple of months of our firm taking the case.
Our aggressive legal strategy effectively spared the grieving family from a stressful, expensive court battle that could have easily dragged on for several years.
Relief for the Family: Why Hiring a Lawyer Made the Difference
The victim’s sister felt incredibly relieved when she received the final news from our office. Initially, she was fully convinced she had zero legal options after the devastating pedestrian accident. Because it was deemed a poor lighting accident and her brother was crossing outside a crosswalk, the official narrative unfairly blamed him.
However, making the decision to call our law firm changed everything for her family. She went from feeling entirely hopeless to securing full justice for her brother. While no amount of money can ever bring a beloved family member back, this substantial wrongful death settlement provided vital financial closure during a period of deep emotional loss.
This specific case highlights exactly why families must never accept a quick denial from an insurance carrier. Hiring Kohan & Bablove ensures a proper investigation takes place to protect your family and uncover the truth.
Secure the Justice Your Loved One Deserves
It is surprisingly common for skilled attorneys to find lies and inconsistencies in a defendant’s story. This remains true even when an official police report blames the victim for jaywalking or causing a poor lighting accident. Never assume your family has no case just because initial documents claim your loved one was crossing outside a crosswalk.
Conclusion
If you have tragically lost a family member in a pedestrian accident, do not make the decision to give up on your own. Let our experienced legal team review the facts first. Insurance companies want you to walk away, but we will protect your rights.
Contact Kohan & Bablove Injury Attorneys today for a free consultation. We know how to uncover the truth, handle the stressful insurance adjuster negotiation, and secure a maximum wrongful death settlement. Let us fight to get you the justice and compensation you rightfully deserve.
Kohan & Bablove Injury Attorneys was founded by three former defense attorneys who were tired of helping insurance companies and big corporations save money by paying the least amount possible to resolve claims. We wanted to open a law firm where we could use our years of experience handling the toughest and largest claims to benefit the individual. Each of us were tired of being cogs in the wheel that focused on paying the least amount possible to injured persons regardless of injuries or the validity of their claims.
