In 2009 a man was fatally wounded in a car crash involving a tractor trailer. Nearly two years later, the victim's widow is filing a wrongful death suit in Pennsylvania federal court. The complaint accuses four companies and the truck driver of negligence, recklessness and unlawful conduct.
On the day of the accident, Gilles Dugas was driving his SUV southbound on Interstate 81 when a tractor trailer lost control, crossed the median, went airborne, and crashed head on with Mr. Dugas' vehicle. The lawsuit alleges that the injuries sustained by Mr. Dugas in the Pennsylvania truck accident were the direct cause of his death.
Negligence in General
In a lawsuit such as this, the plaintiff is accusing the defendant of negligence which is conduct that falls below the standards of behavior expected of an average person in similar circumstances, and which caused a victim's injury or death. In this case, all of the defendants owed a duty of care to others to obey state and federal laws related to the safe operation of a commercial vehicle. The lawsuit alleges that the defendants breached that duty of care and caused the victim's death.
Who Pays if More Than One Defendant Is at Fault?
Mr. Dugas' widow sued not only the driver of the 18-wheeler but also the various companies that owned it and the trailer it was hauling. Under a legal concept called "contributory and comparative negligence," one or all of the defendants may be held liable for the victim's death. Depending on how liable each defendant is, a judge may determine that one of them should pay more damages than another - or even that one defendant has to pay all the damages or none of them.
A wrongful death suit is brought to recover damages suffered by the surviving family, the victim's estate or both. This may entitle a victim to recoup medical, funeral and legal costs as well as money the deceased person would have earned over his expected lifetime. Damages for mental and physical pain and suffering may be claimed by close family members, too.
In Pennsylvania, only certain people are allowed to file a wrongful death suit on behalf of others. A surviving spouse, child, parent or guardian or personal representative of the deceased person may file a suit on behalf of the surviving spouse, children or parents.
If you have lost someone you love in an accident - especially where more than one defendant may be at fault - contact an experienced Pennsylvania attorney to answer your questions and to review your options.
