QUESTIONING MAINTENANCE OF VEHICLE IN FATAL ACCIDENT
Aug 23, 2013 - Wrongful Death
When an accident occurs, it is important that proper investigation follows. This will ensure that the cause of the accident is understood the best it can be. Following a fatal accident, investigators seek to understand whether there was negligence associated. In a fatal automobile accident, investigators explore the possibility of driver negligence or failure to maintain the vehicle. Even if these are not the cause of the accident, other factors could create a cause of action for a wrongful death suit.
Investigators in northern Pennsylvania are still trying to determine the cause of a fatal collision that occurred in February. According to reports, the operator of the passenger van was seeking to prove that maintenance issues were the cause of the accident that killed one and injured 15.
The driver of the van was charged with aggravated assault and homicide by vehicle, but he seeks to show that there were maintenance issues. Furthermore, the driver indicated that he was given a route that was unfamiliar. Although the vehicles passed inspection, it was proven that there were maintenance issues.
In situations like this, the loved ones of the deceased could file a wrongful death suit. Moreover, those injured could file a personal injury suit. In most situations, if negligence is shown, the driver may be held criminally and civilly liable. But if the driver can show contributory negligence, especially when the operator is an employed driver, the company or the owner of the vehicle could also be held liable for negligence in the maintenance of the vehicle.
In either claim, the loved ones of the deceased, or those injured, could recover compensation for medical bills, other damages and pain and suffering. The party or parties that are at fault would be liable for the compensation awards.
Those affected by an accident should seek to understand the cause of the incident. This will allow them to be knowledgeable of their situation and what their potential options are.
Source: NBC 10 Philadelphia, “Company Vehicles in Deadly Crash Had Passed Inspection: Report,” Aug. 18, 2013