Woman killed in East Carson Street Crash
In Pittsburgh, Pennsylvania, tragedy struck on Monday with a fatal multi-vehicle accident on the South Side.
Authorities responded to the incident in the 3900 block of East Carson Street. Initial findings suggest that a truck traveling eastbound veered across the center line, resulting in a head-on collision with a westbound SUV.
The impact caused the truck to overturn in the roadway, while the SUV crashed through a guardrail, tumbling down an embankment towards nearby railroad tracks. Emergency crews had to extricate the SUV’s driver.
Regrettably, the SUV driver, identified as Mary Alice Bendick of White Oak by the Allegheny County Medical Examiner’s Office, succumbed to her injuries after being transported to a hospital.
Meanwhile, the truck’s driver, whose identity remains undisclosed, is in critical condition at a local medical facility.
A wrongful death claim in the context of a car accident occurs when someone dies due to the negligent or intentional actions of another driver. Here’s a breakdown of how such a claim might unfold:
- Car Accident Occurs: The incident typically involves a collision between vehicles resulting in injuries or fatalities.
- Determining Fault: Authorities and insurance companies investigate to determine who was at fault for the accident. This can involve gathering evidence such as witness statements, police reports, and sometimes accident reconstruction.
- Survivors: The survivors of the deceased, often close family members like spouses, children, or parents, may file a wrongful death claim if they believe the accident was caused by the negligence or misconduct of another party.
- Elements of a Wrongful Death Claim: To pursue a wrongful death claim, certain elements need to be established:
- Duty of Care: The defendant (the person being sued) owed a duty of care to the deceased.
- Breach of Duty: The defendant breached that duty through negligence or misconduct.
- Causation: The breach of duty directly caused the death of the victim.
- Damages: The surviving family members suffered quantifiable damages as a result of the death.
- Legal Proceedings: The survivors or their legal representatives file a wrongful death lawsuit against the party believed to be responsible. This could be another driver, a manufacturer if the accident was due to a defect, or even a government entity if poor road maintenance was a factor.
- Settlement or Trial: The case might be settled out of court through negotiations between the parties involved, or it could proceed to trial if a settlement cannot be reached.
- Compensation: If the plaintiffs (survivors) prevail in the case, they may be awarded compensation for damages such as medical expenses, funeral costs, loss of income, loss of companionship, and pain and suffering.
- Legal Representation: Wrongful death claims are complex legal matters, and the plaintiffs often seek the assistance of experienced attorneys specializing in personal injury and wrongful death cases.
- Statute of Limitations: It’s important to note that there’s a limited timeframe within which a wrongful death claim must be filed, known as the statute of limitations. This varies by jurisdiction.
Overall, wrongful death claims in car accidents seek to provide some form of justice and financial support for the survivors left behind after a tragic loss. Our top Pennsylvania wrongful death lawyers are here to help.