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Pennsylvania Local Accident Resources

Did You Lose a Loved One in a Pennsylvania Fatal Car Accident Today?

Have you recently lost a loved one in a terrible accident? Contact our team at Local Accident Reports today to get the support you need now. We will help guide you in the right direction.  Losing a loved one is devastating under any circumstance. If someone else’s negligence resulted in the death of someone you love, whether in a car accident, motorcycle accident, or truck accident, you could be entitled to pursue damages via a Pennsylvania wrongful death lawsuit.  At Local Accident Reports, our team provides compassionate and reliable assistance to families across Pennsylvania. Backed by years of combined experience, we have the expertise and the resources to protect your rights. We are committed to helping you achieve maximum financial compensation. After an accident, you may wonder how you will cover your costs, who is liable, and what you should do about any lost income. Our professionals can provide support and guidance throughout the entire process. Should you need it, we can help find you an experienced wrongful death lawyer in your local area who can thoroughly investigate your accident, collect and study evidence, negotiate with insurance carriers, represent you in court, and work to make sure you receive total and fair financial compensation for your injuries and other damages. Call us today to schedule your free consultation to learn more about your options.

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Have You Lost Income Due to a Wrongful Death?

If someone who provided for you and your family was a victim of a fatal accident, there are resources you can access to help you in your time of need. In the meantime, some resources might be helpful when it comes to covering costs:

  • Social Security Survivor Benefits: Surviving spouses and children may qualify for monthly payments and a small lump-sum death benefit if the deceased paid into Social Security. Learn more on the SSA’s Survivors Benefits page.
  • Workers’ Compensation Death Benefits: If the death was work-related, the family may receive benefits covering weekly payments based on the deceased’s wages and funeral expenses. Legal assistance is often helpful for filing these claims; the Pennsylvania Department of Labor and Industry provides information on workers’ compensation.
  • Pennsylvania State Victim Assistance Program: The Victims Compensation Assistance Program (VCAP) can help with funeral and burial costs and, in some instances, loss of financial support if the death resulted from a crime. More information and eligibility criteria are available on the PA VCAP website. 

Do You Need a Copy of the Police Crash Report?

To Obtain Your Pennsylvania State Police Accident Report Online:

  • Visit Online Crash Report Requests
  • Perform a Pennsylvania police report search. You can search using the incident number assigned to your accident. 
  • If you do not have the incident number, you can search by date and name
  • Add the crash report to your cart. Each copy costs $22
  • Your crash report will be emailed to you.

To Obtain Your Pennsylvania State Police Crash Report by Mail:

  • Fill out form SP7-0015. You will need the location, time, and crash date, incident number, and other information.
  • Include payment using a money order or certified check payable to the “Commonwealth of Pennsylvania.” Each copy of the report is $22
  • Mail the processing fee and application to: Crash Reports Unit, 1800 Elmerton Avenue, Harrisburg, PA 17110.
  • Your report will be mailed to you.

Our team at Local Accident Reports can also help you get a free copy of your police accident report. If someone you love was killed in a car accident and you need help obtaining a copy of the police report, call us today.

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Are You Struggling Emotionally After a Wrongful Death?

After such a terrible event such as the death of a loved one, it is easy not to know where to begin when putting your life back together. Although these feelings can be overwhelming, you do not need to face them alone. If you need help coping with the psychological trauma of a wrongful death, resources available to you include:  

  • American Trauma Society: The Pennsylvania Division of the ATS helps provide educational materials that can help after you have been involved or lost a family member in a severe car accident.
  • Pennsylvania Grief Counseling and Therapy Services: Pennsylvania offers many experienced grief counselors and trauma therapists who provide specialized support for those dealing with loss. Websites like Psychology Today’s Pennsylvania Directory allow users to find therapists focusing on grief, loss, and trauma throughout the state.
  • Pennsylvania Trauma and Crisis Resources: PA 211, Pennsylvania’s resource and information helpline, provides access to local mental health resources and crisis support services, connecting residents to support groups and mental health providers nationwide.

Wrongful Death FAQ

In this section, we will address frequently asked questions about wrongful death, which occurs when another party’s negligence or misconduct causes a person’s death. Losing a loved one is emotionally overwhelming, and navigating legal matters during such a time can be challenging. Here, we aim to provide clear answers to common questions, covering essential topics such as eligibility for filing a wrongful death claim, potential compensation, the legal process, and the types of evidence typically needed. This information is designed to help those affected better understand their rights and options under wrongful death laws.
When is a death considered wrongful?
Under Pennsylvania wrongful death laws, a wrongful death suit can be brought to collect financial compensation for a death that was caused by a negligent or wrongful act. The compensation awarded in a wrongful death case is intended to compensate the victim’s family for damages arising from the death of a loved one.

One of the primary causes of wrongful death cases in Pennsylvania is motor vehicle accidents. These incidents encompass a wide range of scenarios, including car accidents, motorcycle accidents, accidents caused by drunk or impaired drivers, and collisions involving commercial trucks. 

Each type of accident presents unique challenges and legal considerations, often requiring extensive investigation to determine liability, reconstruct the events, and identify responsible parties. In the case of commercial truck accidents, for instance, multiple parties may bear liability, such as the truck driver, the trucking company, or even the vehicle manufacturer, depending on the circumstances.

Under the Rules of Civil Procedure, only the estate’s executor can file a wrongful death claim within the first six months after the death. If no claim is filed in that time, any person eligible for damages, including a trustee representing all eligible parties, can file the claim. This means that only the estate’s representative can bring a wrongful death claim for the first six months. After that period, any eligible party may file, but only one claim can proceed, and whichever claim is filed first will prevent any others from being filed.

Only the deceased’s representative can file a claim for a survival action. If the deceased filed a claim before passing, their representative will be the plaintiff. If no claim was filed before the death, the representative may start the claim on behalf of the estate.

People can be appointed as representatives according to a specific order set by law. It’s important to note that being eligible to bring a wrongful death claim doesn’t necessarily mean the person will receive part of any settlement or award; similarly, being entitled to compensation doesn’t give someone the automatic right to bring a claim.

Of course, for those mourning the loss of a family member, a lawsuit seems and is woefully inadequate. There isn’t a legal action in the world that can undo the terrible thing that has happened, so how exactly does a wrongful death lawsuit compensate you?  

In Pennsylvania, wrongful deaths give rise to a spectrum of financial damages for affected families. Under the law, these damages include, at a minimum, medical bills, funerary expenses, and the expense of administering the deceased’s estate.

These laws were enacted to ensure that insurance recompenses a family’s out-of-pocket expenditures arising from their loved one’s untimely death, and that includes any bills incurred as the result of another person’s negligence and the money they would have received from the deceased during their lifetime.  

Surviving family members may also receive compensation for losing the services the deceased would have provided during their lifetime. A loving parent who minds the children, takes care of the housework, cleans, cooks, and ferries the kids back and forth to sporting events and other activities is not only demonstrating love, but they are also providing a service that will cost money to replace.

Additionally, spouses, children, and parents are entitled to seek damages related to loss of consortium, which is compensation for the loss of the companionship, guidance, and love they would have received. For most surviving family members, this loss is the most painful. Pennsylvania law allows family members to seek damages for the emotional losses associated with losing a loved one as well.

For a lot of families, the full scope of the economic impact of a sudden death takes several years to be fully realized. A wrongful death lawsuit, which must be filed no later than two years from the day of the death, can calculate this number and ensure that surviving family members are fairly compensated for losses they may not have even experienced yet.

 

The state’s wrongful death act provides that the right of action exists only for a spouse, parent, or child of the victim, whether or not they are residents of the Commonwealth. To recover under the act, a beneficiary must have not only the requisite familial relationship to the victim but must prove that because of the death, they sustained the loss of a reasonable expectation of pecuniary advantage.

Pennsylvania’s Rules of Civil Procedure also provide that in a claim of wrongful death, the plaintiff’s complaint must allege:

  • Their relationship to the deceased and that the claim is brought on their behalf
  • Their right to bring the action
  • The names and addresses of all those entitled by law to recover damages

For a fatal car accident to lead to a valid wrongful death case, the plaintiff will have to show that another party was negligent, the exact requirement that any personal injury case must meet.   In legal speech, negligence occurs when someone fails to act with the same level of care that a reasonable person would have under similar circumstances. Behaviors such as speeding, drunk driving, aggressive driving, and even defective vehicle parts could fall under the umbrella of negligence. To prove that another party’s negligence caused a fatal car accident, a Pennsylvania wrongful death lawyer will need to establish the following four distinct but related elements.  

  • Duty: Generally speaking, people must behave in such a manner that prioritizes the safety of others. The first element of negligence that an attorney will have to prove is that the at-fault driver owed a duty of care to the deceased. Every driver must operate their vehicle reasonably and safely, meaning they must obey traffic laws and regulations. This duty also extends to ensuring the roadworthiness of their vehicle. 
  • Breach: The next element necessary to show negligence is proving that the defendant breached the duty they owed to the deceased. In other words, you need to prove that the defendant’s actions were not the same as those of a reasonable driver under the same circumstances. In most instances, a breach of duty can be proven by showing that a driver broke the law. Unfortunately, there are situations when the breach is not immediately obvious. For example, a driver obeying the speed limit during the accident does not appear to have breached their duty of care. However, if your attorney points out that the streets were covered in ice and snow, the breach becomes obvious because a reasonable driver would have decreased their speed due to the weather.  
  • Causation: Poor decisions or abysmal conduct cannot make a person liable for an injury or death. To be liable, their actions must have been the direct cause. As such, the third element required to establish negligence is causation. The defendant’s actions must have been the immediate cause of your loved one’s death. If a driver was distracted and drifted into oncoming traffic and your family member was killed in the resulting accident, then their conduct was the direct cause of the death.
  • Damages: The last element of negligence is actual damages. To prevail in a lawsuit arising from a fatal accident, the plaintiff has to show that they incurred physical, financial, or mental harm.
In Pennsylvania, most wrongful death lawyers operate on a contingency fee basis, meaning they only receive payment if they successfully recover compensation for their client. This fee structure benefits grieving families by allowing them to pursue justice and compensation without paying out of pocket upfront. Typically, the contingency fee is a percentage of the settlement or award won in the case, which is agreed upon in advance between the attorney and the client. If the attorney does not win the case, the client is generally not responsible for paying any legal fees. Working on a contingency fee basis incentivizes wrongful death attorneys to work diligently and thoroughly, as their payment depends on the case’s success. Lawyers on contingency often invest significant resources, including time, staff, and sometimes expert consultations, to strengthen the case and maximize compensation. This arrangement also makes legal representation more accessible to families who might otherwise be unable to afford to seek justice and compensation after a wrongful death.

Pennsylvania Wrongful Death Legislation

Pennsylvania law states that a legal action brought on behalf of a victim’s estate involves two distinct components: a wrongful death claim and a survival action.  A wrongful death claim belongs to legally designated beneficiaries, not the deceased’s estate. Financial compensation is not subject to inheritance taxes, estate taxes, or creditors’ claims and will be distributed according to the state’s intestacy laws regardless of whether a will exists.  On the other hand, a survival action does belong to the estate, and any compensation recovered is subject to inheritance taxes, estate taxes, and the claims of creditors. Damages for a survival action are disseminated per the decedent’s will if one exists or according to the state’s intestacy laws if not. The statutory provisions that govern a survival action do not refer to the amount of financial compensation recoverable. The determination of the measure of compensation has, therefore, been left up to judicial discretion. A survival action remunerates the estate of the deceased for multiple forms of damages endured by the victim, as opposed to a wrongful death claim, which deals with the financial effects of the death on the beneficiaries.  Dissimilar to a wrongful death claim, a survival action is not a new cause of action but simply a continuation of the right of action that accrued to the deceased under common law. A survival action is born of the injury and not the death; the estate is substituted for the deceased, and recovery is based on the rights of action possessed by the deceased upon their passing. In a survival action, the executor of the estate can recover the same compensation as those the victim could have recovered had they survived.

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Pennsylvania and Comparative Negligence Laws

When considering a personal injury or wrongful death lawsuit in Pennsylvania, it is essential to understand the comparative negligence rule since civil courts follow this doctrine. The rule of comparative negligence holds that a plaintiff may claim damages even if determined to have contributed to their accident and injuries as long as their percentage of fault is less than 50%. Any settlement or jury verdict they are awarded will then be reduced by that same percentage of fault.    For instance, if a jury finds that the defendant contributed 75% to the accident and the plaintiff was 25% at fault, under the law of comparative negligence, the plaintiff’s financial compensation award would be reduced by 25%. If the plaintiff is assigned more than 50% of the fault for an accident, they will be barred from recovering any damages via a lawsuit.  This means that insurance companies work hard to shift as much of the fault as possible onto the plaintiff to minimize their financial liability. It is crucial to partner with an experienced Pennsylvania personal injury lawyer who can refute any allegations the defense presents. 
 

Pennsylvania Car Accident Statistics

According to the Pennsylvania Department of Transportation, in 2021, the state’s fatality rate of 1.44 deaths for every hundred million vehicle miles traveled was the highest it has been since 2005.  

That means, on average, every day in 2021 saw:

  • 323 motor vehicle accidents or roughly 13 an hour  
  • Three car accident-related deaths, or about one every 7 hours  
  • 191 injuries, or around eight every hour  

Based on Pennsylvania’s population of 12,964,056 people in 2021:

  • 1 out of every 50 residents was involved in a car accident
  • 1 out of every 10,540 residents was fatally injured in a car accident
  • 1 out of every 186 residents was injured in a car accident

Pennsylvania Grief & Trauma Resources

Resources by State

Call Local Accident Reports Today

If you are coping with the loss of a family member due to someone else’s negligence, you may be unsure whether or not you have a valid wrongful death claim. The experienced team at Local Accident Reports can examine the facts of the accident and explain your rights and legal options. We can also connect you with an experienced wrongful death lawyer who can provide a free consultation. 

We can walk you through the process of filing a lawsuit and ensure your best interests are protected. We know that nothing can undo what has happened. Still, you are entitled to collect compensation so your family is not forced to endure financial hardships in addition to everything else. If you want to speak with someone who can help you decide the best way to proceed with your case, call us at (888) 657-1460.

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Motor Vehicle Crash Deaths by Road User Type and State

Car Occupants

Car Occupants

467

Pickup and SUV Occupants

Pickup and SUV Occupants

250

Large Truck Occupants

Large Truck Occupants

27

Motorcyclists

Motorcyclists

187

Pedestrians

Pedestrians

147

Bicyclists

Bicyclists

21

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