According to Delaware County authorities, one person was killed in an accident between a car and a box truck on Aug. 23. The accident took place in the 3200 block of Market Street in Upper Chichester at approximately 11:00 a.m. Authorities are investigating the cause of the accident. Depending on what the police report yields, the family of the person who was killed in the crash may be eligible to file a wrongful death lawsuit.
In accidents where there have been serious injuries or fatalities, law enforcement might perform an accident reconstruction. This process helps authorities pinpoint the probable cause of an accident. The results can be used by law enforcement to determine if charges should be filed in connection with an accident. A personal injury attorney may use an accident reconstruction report in order to build a case on behalf of surviving family members.
In some situations, it is not the clear fault of one driver. In that case, the court may consider awarding partial compensation under the comparative negligence rule if state laws allow. In other words, if the fault is determined to be 60 percent the fault of one driver and 40 percent the fault of the other, for instance, then it may be possible to recover a 60 percent settlement.
A skilled Pennsylvania personal injury attorney might be able to secure damages for family members who have lost a loved one in a car accident. After reviewing the case, the attorney might negotiate with the insurance company on behalf of the family. Alternatively, the attorney might suggest a civil court trial. Using the accident reconstruction report and the testimony of expert witnesses, the attorney may be able to obtain compensation for the family via a trial.
Source: WPVI, "1 dead in crash involving box truck in Upper Chichester", August 23, 2013