A man riding a motorcycle was killed and another person was hurt Wednesday in a crash in Murrysville Pennsylvania.  Gregg Leipertz Jr., 24, was riding his motorcycle Westbound on Route 380 when he slammed into a car that was pulling out of Fairview Lane.  Pennsylvania State Police are still investigating the accident, but speed may have been a factor, coupled with a dangerous intersection.  The driver of the car was conscious and talking, after firefighters removed her roof to free her from the vehicle, and she was airlifted to UPMC Presbyterian for evaluation.

Wrongful death.

Title 42, Chapter 83 of the Pennsylvania General Statutes, Section 8301  defines a wrongful death as one that is “caused by the wrongful act or negligence of another.” A wrongful death claim must be filed in Pennsylvania court by the personal representative, on behalf of the beneficiaries of the deceased person’s estate, but if the personal representative does not file the wrongful death claim within six months of the date of death, any of the beneficiaries may file the claim on behalf of all the beneficiaries.  Beneficiaries must also be mindful of Pennsylvania’s two year statute of limitations for wrongful death legal action beginning on the date of death.

Liability.

Determining liability after a motorcycle crash can be difficult, especially as insurance adjusters may try to reduce settlements for driver violations.  Speeding is a form of reckless driving and is a serious offense in the State of Pennsylvania, but when it leads to a wrongful death, an experienced personal injury attorney can be of assistance in helping family members file a claim on behalf of the estate of the person who died.  The actions of the other driver will also be considered when settlements are estimated.

Damages.

Insurance compensation for any loss sustained as a result of a vehicle accident may be possible in the State of Pennsylvania.  Call an accident attorney who can help support negligence by assigning  “fault” in a legal proceeding that addresses property damage, physical injuries, and wrongful death.  Damages that may be recovered include:

  • Medical bills
  • Current and future compensation losses
  • Pain and suffering
  • Loss of care, companionship
  • Estate administration expenses
  • Funeral expenses if a wrongful death occurs

 No fault.

Under Pennsylvania’s no-fault system, a driver may turn to his or her own insurance company for compensation for injuries up to the personal injury protection, or “PIP”  limit, regardless of fault. Drivers also have the right to circumvent Pennsylvania’s no-fault law and proceed directly against the at-fault driver under certain circumstances, including wrongful death claims. An experienced attorney at Scanlon & Wojton, LLC, can be of assistance with wrongful death insurance settlements when the insured is the person who died.

 

Scanlon & Wojton, Attorneys at Law

The Mitchell Building
304 Ross Street, Suite 510
Pittsburgh, Pa 15219

 

Phone:  (412) 918-1241

Fax: (412) 235-7275

 

Sources:

https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.071.002.000..HTM

https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=42&div=0&chpt=83&sctn=1&subsctn=0