What Should You Do if Your Loved One Was Involved in a Fatal Accident on I-95 Today in Pennsylvania?
Losing a loved one is one of the hardest things we as humans go through in our lives. That pain is compounded by the fact that most car wrecks are completely preventable and usually due to at least one driver’s negligence.
Unfortunately, countless people lose their lives in motor vehicle accidents on Interstate 95 in Pennsylvania every year. These accidents are particularly common on Interstate 95 in Philadelphia and along the border of Maryland. No matter how frequently we see fatal accidents occur, it is never possible to prepare for the loss of a loved one.
If you have lost a loved one due to a fatal crash, we want you to know that you are not alone. There are resources and options that are available to help you get justice and closure. If your loved one died due to a crash caused by another person’s actions, you may be able to file a wrongful death claim if you can establish that negligence played a part in your loved one’s untimely death.
Determining Negligence in a Fatal I-95 Crash in Pennsylvania
When a fatal accident occurs on I-95, it is essential to determine the negligent actions that led to the crash. This process involves thoroughly investigating all aspects of the fatal I-95 crash in Pennsylvania, from road conditions and weather to driver behavior and vehicle maintenance.
The primary focus of the investigation will be to uncover any factors that may have contributed to the crash. Was there reckless driving involved? Did a distracted or impaired driver play a role? Were there any issues with signage or roadway design?
Sometimes, there are multiple factors that contribute to the cause of the crash. For example, if poor road maintenance combined with aggressive driving resulted in tragedy, both parties may be deemed responsible.
The crash investigation is vital when it comes to determining exactly what happened leading up to the accident. The findings of the investigation can be combined with other evidence for your wrongful death claim. Other evidence that may be used to prove negligence in your case includes eyewitness accounts, surveillance footage, police reports from the Pennsylvania State Police or another area law enforcement agency, and even expert analysis of crash reconstruction data.
Attention to detail is critical when it comes to proving the case. Not having enough evidence to prove that your loved one died as a result of the negligence of another person can significantly hinder your chances of successfully pursuing legal action. This makes it critically important to see guidance from a skilled legal team to ensure a thorough investigation is performed.
The Importance of a Crash Investigation
Crash investigations are conducted by experts who meticulously examine all available evidence to piece together what happened during the accident. They analyze factors such as road conditions, weather conditions, vehicle damage, and witness testimonies to establish a clear understanding of the events leading up to the tragedy.
Determining fault in a fatal accident is essential because it directly affects legal proceedings and potential compensation claims. It helps identify whether negligence or any other wrongful action caused the crash. By uncovering responsible parties, justice can be pursued through filing a wrongful death claim.
Additionally, crash investigations provide valuable insights into preventing similar accidents in the future. Identifying patterns or recurring issues allows authorities to take necessary measures like improving road infrastructure or implementing stricter safety regulations.
Having an experienced attorney who understands crash investigations and how they impact legal proceedings can make all the difference during this very difficult time. Your attorney will ensure that no stone goes unturned in gathering evidence and building a strong case on behalf of your loved one.
After a thorough investigation is performed, you will be able to file a wrongful death claim against the responsible party.
Who Investigates a Fatal Car Crash on I-95 in Pennsylvania?
When fatal accidents are reported on Interstate 95, families who want to take legal action need to obtain a copy of the police report. For this reason, it is important to understand who is in charge of the investigation.
In most cases, the Pennsylvania State Police will investigate the crash. However, there are instances where local law enforcement agencies will conduct an investigation. For example, if the incident that took your loved one’s life took place on Interstate 95 in Philadelphia, the Philadelphia Police Department may be in charge of the investigation.
Even though law enforcement conducts an investigation, it is always in your best interest to have your attorney conduct a private investigation as well.
Filing a Wrongful Death Claim After a Fatal I-95 Crash Today in Pennsylvania
In Pennsylvania, those affected by fatal traffic crashes on Interstate 95 in Philadelphia or anywhere in the state have the ability to file a wrongful death claim against the responsible party. This type of legal action can provide you with the financial resources that you need during this difficult time.
Under 42 Pa. C.S.A. Section 8301, certain family members are eligible to file a wrongful death claim, including spouses, children, both biological and adopted, parents, and siblings, if they were financially dependent upon the deceased victim prior to their passing. These individuals may be entitled to compensation for various damages that they face due to the fatal accident.
The lawsuit must be filed by the personal representative of the estate on behalf of the entitled parties. In most cases, this person is identified in the will. However, if the victim passes away without a will, a family member has the ability to volunteer as the personal representative. In some cases, the court can also appoint a personal representative.
When filing a wrongful death case following a fatal crash on I-95 today in Pennsylvania, you have the ability to request compensation for various damages. These include both economic and non-economic damages you face.
Some economic damages you can recover include:
- Funeral and burial costs
- Property damage
- Medical expenses
- Loss of benefits
- Loss of inheritance
- Loss of financial support
- Loss of future earnings
- Loss of consortium
- Legal and administrative expenses
Some non-economic damages you can recover include:
- Emotional distress
- Loss of companionship
- Mental anguish
- Loss of guidance and support
- Pain and suffering
- Loss of consortium
- Loss of enjoyment of life
- Loss of parental care and guidance
- Loss of spousal services
- Loss of consortium of a minor child
It is vital that you file the wrongful death claim within the Pennsylvania statute of limitations. Following a fatal crash, you have a period of up to two years from the date of the victim’s passing to take legal action. It is important to act quickly to ensure that you have the best chance of getting justice.
Having an experienced attorney by your side during this difficult time can greatly assist you in navigating through the legal process and ensuring that your rights are protected. They will help gather evidence, negotiate with insurance companies, and guide you through every step of filing a wrongful death claim.
Understand Comparative Negligence Laws in Pennsylvania
When determining who is at fault for a fatal crash in Pennsylvania, the state follows the comparative negligence law. This means that more than one party can be held responsible for the crash, and their degree of fault will determine how much compensation entitled parties are able to recover.
Under Pennsylvania’s comparative negligence laws, each party involved in the crash is assigned a percentage of responsibility based on their actions leading up to the collision. For example, if your loved one was driving responsibly but another driver was speeding and ran a red light, causing the accident, that other driver may be found 90% at fault while your loved one is assigned 10% of the blame.
The important thing to understand about comparative negligence laws is that even if your loved one is found partially at fault for the accident, they can still recover damages. However, their total award will be reduced by their percentage of responsibility. So, if they were awarded $100,000 but deemed 10% at fault, their final award would be $90,000.
Considering that no two cases are alike, it is in your best interest to have a skilled legal team by your side to help you navigate the legal claims process and ensure you are in the best position to recover compensation for your losses and damages.
Let Our Team Help You During this Difficult Time
The loss of a loved one as a result of a fatal car crash on Interstate 95 in Pennsylvania can be incredibly devastating to deal with. Unfortunately, families often struggle to move forward while being unsure of the legal options that they have. This makes it critically important for you to seek help from our team at i95accidentalerts.com immediately to ensure you have the best chance of getting justice.
At i95accidentalerts.com, our caring team is here to help you get justice on behalf of your family’s loss by connecting you with experienced wrongful death attorneys who can provide advice and guidance. We are committed to ensuring that all cases are vigorously fought for, so that families of those affected may be able to attain financial compensation through the legal system and find closure down the road.