What Happens If Someone is Killed in a Car Accident?

. One of the most common causes of fatal car accident is when a driver acts carelessly or recklessly.

When a r causes the death of someone else, they can face civil liability in addition to criminal charges, such as vehicular manslaughter.

Not every serious accident that causes a fatality will leave the at-fault party with criminal liability. The decision to file criminal charges against a driver in a fatal auto accident rests with the local district attorney.

This government employee will assess a variety of factors to determine whether a driver was “criminally culpable” in causing the death. District attorneys will often consider whether:

• The accident resulted from driving under the influence of drugs or alcohol. Driving while impaired by drugs or alcohol is A fata accident frequently leads to criminal charges against the driver.
• The driver was reckless, aggressive, or violated traffic laws. Everyone who gets behind the wheel of a vehicle has a legal duty to follow traffic laws and drive with a reasonable standard of care. When an auto accident causes the death of another person because of gross negligence, the negligent driver will often face criminal prosecution with charges such as Other examples of negligence include speeding, texting while driving, and “road rage.”
• Whether factors out of the driver’s control played a role in causing the accident. Criminal charges are less likely to result from a fatal accident if the accident happened due to something out of a driver’s control, For example, poor road conditions, unpredictable mechanical failure, or an “Act of God” will be taken into account when deciding to charge someone with crime for killing another person in a car accident in Pennsylvania.

Criminal charges against an at-fault driver can have a complex emotional impact on the family of the decedent.

While it may offer a sense of justice or closure, it doesn't necessarily alleviate the emotional pain or fill the void left by the loss of a loved one.

In addition, the outcome of criminal proceedings can be uncertain, and the process can be lengthy and emotionally draining for the family involved.

How is Liability Determined For a Fatal Car Accident in Philadelphia?

The dynamics of an auto accident that results in a fatality are often complex. When a person, business, or government entity is responsible, they and their insurance company may be held legally liable for the harm and losses that resulted in theof anyone killed through a personal injury claim.

An experienced wrongful death attorney in Philadelphia will not only study the actions of the other driver but also uncover and name all of the parties who contributed to the accident.

When a vehicle accident tragically takes away someone's life and involves other potential causes, a skilled wrongful death lawyer will conduct a thorough investigation.

This often includes the use of experts like an accident reconstructionist to determine the liability of all the parties who contributed to the cause of the fatal accident.

The lawyer's investigation may include inquiring whether the accident resulted from:

• Mechanical failures. If a defective car part causes a car to crash, then the lawyer representing the family of the victim will want to explore whether that failure resulted from a defect that made the part “unreasonably dangerous.” Under Pennsylvania law, manufacturers of “unreasonably dangerous” car parts face potential legal liability for the harm their defective products cause, including car accidents resulting in a fatality. Similarly, auto mechanics can be liable if repairs they performed (or failed to perform) on a vehicle made it unreasonably dangerous and caused an accident.
• Over-serving alcohol to a bar or restaurant patron. Under Pennsylvania law, it is illegal for bars and restaurants to  Violating that law can saddle those establishments with legal liability for wrongful death if a patron causes a fatal
• Drivers’ employers. In Pennsylvania, employers generally have legal liability for the acts of their employees while they are on the job. If the driver of a commercial vehicle causes a fatal accident because of careless or reckless driving, then the driver’s employer may owe damages to the family of the victim. Likewise, if the employer’s actions contributed to the cause of an accident, the employer may also be liable. Some examples include an employer requiring a driver to falsify records, sending drivers out with vehicles in poor condition, or failing to do a background check or check driving records.

Every car accident that causes the death of someone is different. The only thing that remains the same is the sadness that the survivors feel.

A knows to reveal the causes of an accident and identify all parties who may have contributed to the tragic loss of your loved one.

When Someone is Killed in an Accident, the Estate of the Deceased Person May File a Wrongful Death Action

In Pennsylvania, if a person loses their life in a car accident, the law allows the victim's surviving family members to file a 

This is possible if the deceased would have been eligible to file a personal injury lawsuit for their injuries, had they survived the accident.

Preserving your rights as a survivor in a wrongful death claim is one of the reasons whyafter a deadly car accident in Philadelphia.

Who Can Bring a Wrongful Death Accident Claim in Pennslyvania?

As a general rule, the beneficiaries in a wrongful death claim are the surviving spouse, children, or the parents of the deceased.

If the deceased has no surviving spouse, child, or parent eligible to claim damages, a  can initiate legal action.

This action aims to recover costs related to hospital care, nursing, medical treatment, funeral arrangements, and other administrative expenses that were needed due to the injuries that led to death.

Damages recovered in a wrongful death action are distributed according to the deceased's will. If there was no will, Pennsylvania laws address distributing an estate of a person who died without leaving a will.

For additional information on the rights of the survivors, consult with a Philadelphia car accident lawyer with extensive knowledge of wrongful death claims as a result of an auto accident.