No one should ever have to deal with losing a family member because of another party’s reckless driving. Sadly, this is a common occurrence in Philadelphia, and across the country.
If you’ve lost someone on the road and you’re not sure what to do next, this post will provide you with helpful advice and guidance.
A wrongful death claim is a civil lawsuit filed by the surviving family members of a deceased person who died because of the negligence or intentional acts of some other person or entity. If you’ve lost a family member in a car, motorcycle, or truck accident, this is the type of suit you’ll need to file to pursue compensation.
These claims often cover:
In some cases, punitive damages may also be available. These are reserved for situations involving particularly reckless or malicious conduct; car accidents generally do not meet this standard (except in cases involving drunk driving or other extremely reckless conduct on the road).
If you’re curious about how a wrongful death lawsuit might play out for you, contact the Cochran Firm in Philadelphia today to schedule a free initial consultation. We can discuss the details of your case with you and advise you about the kinds of compensation that may be available.
Not every family member can file a wrongful death claim. In Pennsylvania, they are generally restricted to:
According to Rule 2202 of the Pennsylvania Code, only the personal representative of the deceased’s estate is authorized to file a wrongful death claim. This representative is typically the same person who acts as the executor of the deceased person’s will.
Once the wrongful death claim is settled, the personal representative is responsible for distributing the proceeds according to the rules in this area.
Wrongful death in car accidents can stem from a wide range of negligent behaviors on the road. Below are some of the most common scenarios our car accident attorneys deal with in these cases.
Drunk driving remains one of the leading causes of fatal car accidents in this country. According to the National Highway Traffic Safety Administration (NHTSA), about 37 people die in drunk driving crashes in the United States every day.
If a driver’s intoxication led to the accident, they are likely at fault. Courts recognize that driving under the influence is a reckless decision that significantly increases the likelihood of accidents, making it relatively straightforward to establish liability.
Texting and using in-car technology while driving are considered negligent behaviors. They will often be enough to establish liability on the part of a given driver following an accident. Cell phone records and eyewitness testimony are often critical when it comes to proving negligence on the part of at-fault drivers in these situations.
Ignoring traffic signals is a form of negligence that often results in serious accidents, particularly T-bone crashes. Drivers who fail to follow right-of-way rules like this are typically held liable for any resulting damages; these cases are also generally easy to prove, as the person who breaks the relevant rule is clearly at fault.
When a fatal car accident occurs, liability isn’t always limited to the driver involved. Several other parties can potentially bear responsibility if their actions—or lack of action—contributed to the accident.
Pennsylvania’s “Dram Shop” laws allow any business or individual with a license to serve liquor to be held liable if they over-serve patrons who then cause harm or death in an accident. So, if a bar continues to serve alcohol to a visibly intoxicated person who later drives drunk and causes a fatal crash, the establishment may share liability for the wrongful death.
Dram Shop claims often involve evidence that the at-fault driver was served alcohol despite showing visible signs of intoxication, such as slurred speech or impaired coordination.
In some cases, companies can be held responsible for accidents caused by their employees under the principle of “vicarious liability.” This rule applies if the driver was acting within the scope of their employment at the time of the accident, such as making deliveries, transporting clients, or driving to a job site. This doctrine is particularly relevant to truck accident cases, as a lot of truck drivers work as full-time employees of haulage companies.
There are often disputes over whether vicarious liability applies in road accident cases. An employer might be able to avoid it if its driver was working as an independent contractor rather than a full-time employee at the time of a fatal accident. These arguments can increase the length of time it takes to settle your case.
If you’re wondering how this all might affect your wrongful death suit, you should discuss the situation with your attorney.
Not all wrongful death claims arising from auto accidents involve driver error. Some fatal accidents result from mechanical defects, such as faulty brakes.
In a situation like this, the vehicle manufacturer, parts supplier, or even a mechanic might be held responsible if it can be proven that they produced or failed to repair a defective component. This is a case of product liability. In order to prove liability in such a case, you must generally show that:
Poor road maintenance (in the form of hazards like potholes, faulty traffic signals, or unclear signage) can also contribute to fatal accidents.
If public authorities fail to fix dangerous road issues in a timely manner or neglect to put up proper warnings, they may be liable for accidents resulting from these hazards. Although filing claims against government entities can be complex due to sovereign immunity, they are still possible.
When we discuss fatal car accidents on our blog, we generally do so in the context of wrongful death claims. These are civil actions that center around financial compensation, not criminal penalties like fines or jail time. However, it’s important to realize that reckless driving that causes death can also result in criminal consequences.
Criminal charges and civil wrongful death claims are separate legal actions. Criminal charges are lodged by law enforcement authorities, not individuals. However, a wrongful death lawsuit can succeed even if a criminal case arising from the same incident does not result in a conviction.
In criminal cases, the prosecution must prove the defendant’s guilt "beyond a reasonable doubt," in order for the defendant to be convicted. This is the highest standard of proof in the legal system.
In wrongful death lawsuits, on the other hand, the standard is “preponderance of the evidence,” which means that the plaintiff must only show that it’s more likely than not that the defendant’s actions caused the death. This lower burden of proof allows many wrongful death claims to succeed where criminal cases fail.
There are various criminal charges that may apply after a death on the road. We’ve detailed them below.
A driver can be charged with homicide by vehicle if they caused a death by violating traffic laws in a way that demonstrates gross negligence (such as speeding excessively, weaving between lanes, or ignoring traffic signals).
Homicide by vehicle is a felony with sentences of up to 7 years behind bars and fines of up to $15,000. These sentences can be elevated if there are aggravating factors, such as distraction by a cell phone.
Pennsylvania has a separate charge for those who cause a fatal accident while driving under the influence of drugs or alcohol. Homicide by vehicle while DUI carries even harsher penalties than regular vehicular homicide, including a mandatory minimum prison sentence.
No legal outcome can make up for the loss of a family member. However, a wrongful death claim could serve to hold the negligent driver who took your loved one from you accountable for their actions. It could also provide your family with much-needed financial support during this difficult time. If you’re curious about this process, you should speak with a lawyer who’s familiar with cases like yours. Contact the Cochran Firm in Philadelphia today to schedule a free consultation with one of our car accident attorneys. You can reach us via our online contact form, or call 800-969-4400.
