When can a car accident lead to a wrongful death claim?
Car accidents happen all the time. While most accident victims walk away with nothing more than minor scratches (or no injuries at all), others sustain fatal injuries.
If a loved one succumbs to injuries following an accident that is not their fault, you may pursue the liable party for damages through a wrongful death claim. But when exactly can you bring this claim?
Understanding wrongful death claims
Basically, a wrongful death claim is a civil lawsuit that is brought against another person or entity for causing death. In Pennsylvania, a wrongful death claim can be brought by the decedent’s estate’s representative on behalf of their beneficiaries (spouse, children or parents.)
Wrongful death and car crashes
As to whether a fatal car crash can lead to a wrongful death lawsuit or not boils down to the defendant’s behaviors. That said, here are driver behaviors that can justify a wrongful death claim:
- If the defendant was operating a vehicle while under the influence of alcohol or other inebriating substance
- If the defendant was reckless (speeding, changing lanes without notifying other road users, making illegal turns or violating basic traffic rules like running the red line)
- If the defendant knowingly operated a faulty vehicle
- If the defendant was speeding
Most of these driver behaviors are criminal as well. Thus, besides civil action, they might also face criminal charges.
A loved one’s sudden death can leave everyone in shock. However, it is important to understand that time is of the essence. Part of bringing a successful claim involves acting within the statute of limitations period. And in the Keystone State, you have two years from the date of a loved one’s death to act.
A loved one’s death can leave you devastated. Understanding Pennsylvania’s wrongful death laws can help you safeguard your rights and interests while holding the liable party accountable.