Family Awarded $125,000 in Pennsylvania Wrongful Death Case

August 16, 2014 by personalinjuryatty.com
A Family was Awarded $125,000 in a Pennsylvania Wrongful Death Case. For many Americans, driving or riding in vehicles is a part of everyday life. We usually don’t think about the dangers that motor vehicles can cause, but accidents involving motor vehicles are very common. Sometimes pedestrians get seriously injured or even killed because of these accidents. In this case, a woman was killed when she was struck by a vehicle that was allegedly moving too fast for conditions.

On November 24, 2008, the plaintiffs were walking near Horace Avenue in Abington Township, Pennsylvania. The plaintiffs, including the deceased, then crossed the street at Highland Avenue. They were about to step onto the curb when the defendant driver approached, driving very quickly. Then, the defendant struck the deceased, and she was thrown 60 feet from the impact. The deceased’s son, who was with her at the time, tried to pull her away from the vehicle, but his hand was struck by the vehicle.

After the deceased was struck, her son waited with her until first responders arrived. An ambulance took the woman to the hospital, where she was pronounced dead. The son then filed suit against the defendant driver in Montgomery County, Pennsylvania. The plaintiffs alleged that the driver was negligent in the accident. They claimed that the driver was traveling too fast for conditions, did not maintain a proper lookout, and did not pay close enough attention to pedestrian traffic. The plaintiffs also filed suit against the defendant township. They alleged that the township was also negligent in the accident. They claimed that the township should have had safer sidewalks and appropriate lighting installed in the area where the accident occurred.

The defendant driver denied all negligence in the accident. The defendant township also claimed that they were not negligent in the accident. Both defendants in the case claimed that the accident happened because of the plaintiff’s negligence. Although the defendants denied responsibility, both sides decided to settle before taking the case to court. The defendant driver agreed to pay $100,000 to the plaintiffs, and the defendant township paid $25,000 to the plaintiffs. Although the original suit covered the son’s injury and intentional infliction of emotional distress, this settlement covered only the wrongful death and survival actions of the deceased.

The family in this case endured a great loss that the monetary award cannot change. However, the award will help the family move past the terrible event. The settlement also proves that drivers must be held accountable when their negligence leads to accidents.

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