Fatal Car Accidents in Pennsylvania: Filing a Wrongful-Death Claim

Losing a loved one in a fatal car accident is one of the most devastating experiences a family can face. In the aftermath, you may be dealing with overwhelming grief, unexpected financial burdens, and difficult legal questions. If someone else’s negligence caused the crash, you may have the right to pursue a wrongful death claim under Pennsylvania law. These claims can help surviving family members recover compensation for lost income, funeral expenses, and the emotional pain of losing a spouse, parent, or child.

Understanding how wrongful death claims work in Pennsylvania is essential if you’re considering legal action. From strict filing deadlines to determining who can file and what damages may be available, every detail matters. If your family has been affected by a fatal crash, an experienced Western Pennsylvania wrongful death attorney can guide you through the process with compassion and clarity. The team at Luxenberg Garbett Kelly & George is here to help. Call (724) 658-8535 for a free consultation and take the first step toward justice and recovery.

The Legal Link Between Negligence and a Wrongful Death Finding

In Pennsylvania, a death is considered “wrongful” under the law when it results from someone else’s negligence, recklessness, or unlawful actions. In fatal car accidents, this typically means that a driver failed to exercise reasonable care behind the wheel, something every motorist is legally obligated to do. When that failure leads to a crash that takes a life, the victim’s surviving family members may have grounds for a wrongful death lawsuit.

To succeed with a wrongful death claim, you must demonstrate a direct link between the at-fault driver’s actions and your loved one’s death. This involves proving three key elements:

• The driver had a legal duty to operate their vehicle responsibly.
• They breached that duty by acting carelessly or unlawfully.
• Their breach directly caused the fatal accident.

For example, if a driver ignores a red light and crashes into another car, causing a fatality, they’ve both broken the law and failed to uphold their duty of care. A wrongful death claim not only allows families to seek justice, it also opens the porssibility of recovering compensation for funeral costs, loss of companionship, and other damages.

Common Scenarios: Drunk Driving, Distraction, and Other Driver Errors

Fatal accidents often stem from actions that clearly fall under the definition of negligence. Among the most tragic and preventable causes is impaired driving. According to the official 2023 data from the Pennsylvania Department of Transportation (PennDOT), there were 265 fatalities in drinking-driver crashes

Distracted driving is another major contributor. Texting, adjusting a GPS, or eating behind the wheel can each lead to deadly consequences, even with just a moment of inattention. Other common negligent behaviors include speeding, tailgating, unsafe lane changes, and drowsy driving. Each of these actions undermines roadway safety and increases the risk of fatal outcomes.

Distinguishing a Tragic Accident from a Legally ‘Wrongful’ One

Not every fatal crash legally qualifies as a wrongful death. The law focuses on determining if someone’s carelessness or failure to act reasonably caused the death. In situations where the incident was unavoidable, no legal fault may be assigned. 

For instance, if a driver suddenly suffers a heart attack and causes an accident, they may not be held liable due to the unforeseeable nature of the emergency. However, the key factor is foreseeability; if a driver had a known history of blackouts or seizures, choosing to drive could be considered negligent, and the defense may not apply. 

Similarly, if a tree falls onto a vehicle during a violent storm or a bridge unexpectedly collapses, these incidents may not support a wrongful death claim because they lack preventability or negligence. It is also important to note that under a 2020 Pennsylvania Supreme Court ruling, a “sudden emergency” is no longer treated as a complete defense. Instead, it is considered one of many factors a jury uses to determine whether the driver’s actions were reasonable under all the circumstances.

Western Pennsylvania Wrongful Death Lawyers at Luxenberg Garbett Kelly & George P.C.

Which Family Members Can Seek Justice After a Fatal PA Crash?

Losing a loved one in a fatal car accident is an emotionally devastating experience, having to deal with legal processes afterward can feel overwhelming. One of the questions families may have during this difficult time is: Who can legally take action to seek justice and compensation? In Pennsylvania, wrongful death laws define who can file a claim and who is entitled to any resulting settlement. These rules can become especially important in blended families, when adopted children are involved, or when no will exists.

Who Is Eligible to File? Understanding the Personal Representative Role

In Pennsylvania, only the personal representative of the deceased’s estate has the authority to file a wrongful death lawsuit. This individual is either named in the will or appointed through the court if there is no will

The personal representative acts on behalf of all eligible family members and is responsible for initiating the claim, gathering evidence, and handling the legal process.

If no wrongful death claim is filed within six months of the date of death, Pennsylvania law allows any of the eligible beneficiaries, such as a spouse, child, or parent, to file the lawsuit themselves. This ensures that the opportunity for compensation isn’t lost simply because the appointed representative didn’t act in time.

Identifying Beneficiaries: Which Relatives Are Entitled to Compensation?

While the personal representative files the lawsuit, the actual compensation goes to certain relatives recognized under the law. In Pennsylvania, these include the deceased’s spouse, biological or legally adopted children, and parents. These are the only family members who can receive a share of the settlement.

The compensation is intended to address both economic losses, such as lost income and household contributions, and emotional damages like loss of companionship and support.

If there is no will, the settlement is divided according to Pennsylvania’s intestacy laws. For example:

• If the deceased is survived by a spouse and children, the spouse receives the first $30,000 and half of the remaining balance. The children share the rest equally.
• If there are only children, the full amount is divided among them.
• If there are no children or a spouse, the parents may be entitled to the compensation.

Complex Family Structures and Inheritance Rights After a Loss

Modern families often include stepchildren, half-siblings, and other non-traditional relationships, but the law doesn’t always account for these emotional bonds.

Adopted children are treated the same as biological children under Pennsylvania law. Stepchildren, however, are not considered beneficiaries unless they were legally adopted. Even if a stepchild was financially or emotionally dependent on the deceased, they are not eligible to receive compensation unless a legal adoption took place.

However, an important exception exists under the legal doctrine of in loco parentis, which means “in the place of a parent”. In some cases, a stepchild may be able to establish that the deceased stepparent assumed the duties and obligations of a parent. If a court determines that an in loco parentis relationship existed, the stepchild may gain the legal standing to be considered a beneficiary in a wrongful death claim.

Recovering Financial Stability: Lost Income, Benefits, and Final Expenses

One of the primary goals of a wrongful death claim is to recover the financial support that the deceased would have continued to provide. If your loved one contributed to your household income, you may be entitled to compensation for lost wages, future earning capacity, and employment-related benefits such as health insurance and retirement contributions.

In addition to lost income, these claims often include reimbursement for medical expenses related to the fatal injury, as well as funeral and burial costs. These damages are designed to help families manage the immediate financial burden after a loss and provide longer-term security when the household’s primary income has been disrupted.

Compensation for Grief and Lost Companionship

Although money can never truly compensate for the loss of a loved one, Pennsylvania law recognizes the emotional suffering families endure. Through a wrongful death claim, surviving spouses, children, and parents can seek damages for the loss of companionship, comfort, guidance, and emotional support.

The court may also consider the value of non-financial contributions the deceased made to the household, such as caring for children, maintaining the home, or assisting with daily tasks. These services, while often unpaid, carry real economic value when lost. The nature of the relationship between the deceased and each family member plays a significant role in calculating these damages. These types of compensation fall under the authority of Pennsylvania’s wrongful death statute (42 Pa. C.S.A. § 8301).

A Claim for Your Loved One’s Pain and Suffering

In addition to a wrongful death claim, your loved one’s estate may file a separate legal action known as a survival action. This type of claim focuses on what the deceased personally experienced from the time of the injury until their death. If your loved one was conscious and suffered physically or emotionally during that period, the estate can pursue damages for their pain and suffering.

The survival action may also include compensation for lost earnings during that time, reduced to present value. These damages become part of the estate and are distributed according to the will or Pennsylvania’s laws of intestate succession. A separate statute (42 Pa. C.S.A. § 8302) governs the survival action, which plays a key role in holding the responsible party fully accountable for what your loved one endured. 

It is critical to understand that proceeds from a wrongful death action are paid directly to the beneficiaries and are protected from the deceased’s creditors and inheritance taxes. In contrast, money recovered in a survival action becomes part of the deceased’s estate and is subject to both estate taxes and the claims of creditors before being distributed to heirs.

How Do You Prove Another Driver’s Fault in a Fatal Accident Case?

When pursuing a wrongful death claim after a fatal car accident in Pennsylvania, you need to establish that the other driver was at fault. This requires strong, credible evidence that shows they acted negligently or carelessly. Below are key ways fault is determined in civil court:

• Police reports are a primary piece of evidence. These documents include the investigating officer’s observations, diagrams of the crash scene, citations issued, and statements from involved parties.
• Eyewitness accounts help clarify the events. People who saw the crash may report critical details, such as if the other driver ran a red light, was speeding, or showed signs of impairment or distraction.
• Physical evidence from the scene adds context. Skid marks, debris patterns, vehicle damage, and road conditions can help reconstruct the accident timeline.
• Accident reconstruction experts may be brought in. Using available evidence, these professionals recreate how the crash occurred and provide insight into vehicle speeds, angles, and force of impact.
• Vehicle black boxes (EDRs) can provide digital evidence. Many modern cars store crash data such as speed, braking activity, and steering input, which can be valuable in confirming or disputing claims drivers have made.
• Cell phone records may prove distracted driving. If a driver was texting or on a call when the crash happened, phone logs can support a claim that distraction caused the accident.
• Dashcams or surveillance footage offer visual proof. “Cameras can capture the crash or moments leading up to it, showing if the driver ignored signals, was tailgating, or committed another dangerous act.

Building a strong wrongful death case means gathering all available evidence to demonstrate how the other driver’s negligence caused the fatal crash. A knowledgeable attorney can help collect this information and present it effectively in court.

Type of evidence	What it shows	Example details
Police reports	Official observations and crash scene data	Officer diagrams, citations, driver statements
Eyewitness accounts	Independent testimony on driver behavior	Witness reports of speeding or red-light running
Physical evidence	Scene clues that reconstruct events	Skid marks, debris, vehicle damage
Accident reconstruction	Expert analysis of crash mechanics	Speed estimates, angles of impact
Vehicle black box (EDR)	Digital record of car’s actions	Speed, braking, steering data
Cell phone records	Possible distraction evidence	Logs of calls, texts near crash time
Dashcam or surveillance	Visual proof of driver actions	Video of tailgating or ignoring signals

Why Acting Quickly Is Crucial for Your Family’s Wrongful Death Case

Losing a loved one in a car accident brings unimaginable pain and disruption. On top of grief, families often face unexpected financial stress and legal uncertainty. In these difficult moments, it’s natural to feel overwhelmed, but acting quickly can make a significant difference in a wrongful death claim. Insurance companies often begin their investigations immediately, which means any delay on your part can weaken your position. Taking prompt action helps protect your rights and gives your case the best possible foundation.

Pennsylvania’s Strict Two-Year Filing Deadline

Under Pennsylvania law, families have only two years from the date of a loved one’s death to file a wrongful death lawsuit. This is known as the statute of limitations, and it is a hard deadline. If you miss it, the court will likely dismiss the case, regardless of how strong the underlying facts may be. (42 Pa.C.S.A. § 5524)

Importantly, this two-year period starts on the date of death—not the date of the accident—so it’s critical to calculate the timeline correctly. Filing as early as possible allows your legal team to begin building a strong case while the evidence is still fresh and accessible.

Preserving Critical Evidence Before It’s Lost

Time is also a major factor when it comes to preserving evidence. After a fatal crash, vehicles may be towed away, repaired, or destroyed. Event data recorders (also known as black boxes) can be erased or become inaccessible without a timely preservation request. Additionally, crash scenes are cleared quickly, and physical clues like skid marks or debris patterns can vanish.

Other forms of evidence, such as security camera footage or dashcam recordings, may be automatically overwritten within days or weeks. Eyewitnesses can become harder to track down, and their memories may fade. Taking swift legal action ensures that this vital information is collected and documented before it’s gone.

Contact Luxenberg Garbett Kelly & George for Compassionate Legal Support

Losing a loved one in a fatal car accident is an unimaginable tragedy, but you don’t have to face the aftermath alone. If your family is considering a wrongful death claim in Pennsylvania, having a knowledgeable and compassionate legal team supporting you can make all the difference. From investigating the crash to handling insurance negotiations and filing your case on time, the right attorney can help protect your rights and pursue the compensation your family deserves.

At Luxenberg Garbett Kelly & George, we are committed to helping families in Western Pennsylvania find answers, accountability, and financial relief after a devastating loss. Our experienced wrongful death attorneys are here to listen and advocate for you every step of the way. Call us today at (724) 658-8535 for a free consultation. Let us help you seek justice and begin the path toward healing.