Legal Question in Traffic Law in Pennsylvania

Fatal Accident

My husband was in a fatal accident involving himself (in a pickup truck) and two other tractor trailers. He was stopped in traffic when a tractor trailer rear-ended him, shoving his pickup to the shoulder and pinning it against a wall (this was under an overpass). The truck that rear ended him then hit the semi that was in front of my husband in the traffic. My husband was taken to the hospital by ambulance. The driver that hit him was pronounced dead later at the scene. This just happened recently, so emotionally, I don't really know how he is. He doesn't like to talk about it. He is on pain medication that the hospital prescribed him. Again, it hasn't been very long, but so far he simply suffers from minor back pain, pain in his shoulder, and down the back of his right leg (maybe sciatica??) The driver of the truck that hit (and almost killed) my husband was driving for a very well known, large, profitable company.

I know my husband made it out alive, but how traumatic for him that he went through this....

Is there a case here? Can we try to get compensation for this?

Also, why was my husband not given any Xrays, MRI's, ultrasounds (internal bleeding?) after being involved in such a horrific accident!?


Asked on 3/16/08, 10:40 pm

4 Answers from Attorneys

Bonnie Moses Dessen, Moses & Rossitto

Re: Fatal Accident

It is amazing that your husband survived such a horrific accident. Yes, it does sound like he has a viable case here that he should pursue, and he should definitely consult with an attorney immediately. My law partner, David Dessen, has handled a variety of cases similar to this one, and you can certainly call him at 215.496.2902 or e-mail him at [email protected] and advise him of your telephone number. David has been in practice for over 35 years and just handles litigation matters, throughout Pennsylvania. He will be happy to offer your husband a free consultation in our office or your home or by telephone, so that David can get a better understanding of what happened and then advise your husband of his legal rights. There is a two-year statute of limitations, or time period within which suit must be brought, so it sounds as though there is no rush to sue. However, since it is very difficult to understand why your husband was not given more medical tests to rule out potential medical problems, I do advise you to contact David immediately.

Good luck and we hope to hear from you soon.

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Answered on 3/17/08, 4:46 am
Solomon Weinstein Solomon Weinstein, Esquire

Re: Fatal Accident

This sounds like a horrible experieince. It does seem from the fact indicated that there is a liability case. You should follow the advice previously given and speak with several attorneys concerning this matter. If you have any questions feel free to contact our office.

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Answered on 3/18/08, 12:20 pm

Re: Fatal Accident

I agree with Ms. Moses. I would also say that your husband might benefit from a few counseling sessions. Although I understand many folks would never think to go to counseling and some men especially tend to shy away from it, an experienced counselor might be able to offer comfort in a difficult situation.

It is common, especially in an accident involving death, for survivors to go through a whole range of foreign emotions. The fact that your husband doesn't want to talk about the accident is a red flag for me. He could well be suffering from Post Traumatic Stress Disorder (PTSD), which, again, is not uncommon in these types of cases.

You should be aware, just in case you do not have health insurance or your health insurance doesn't cover everything your husband might need, that any excess medical bills would be covered by the tractor-trailer that hit him. I agree with Ms. Moses that you have a legal claim here. I recommend that you speak with several attorneys and find one who you are both comfortable with.

Good luck to both of you.

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Answered on 3/17/08, 9:05 am
Daniel Cevallos Cevallos & Wong, LLP

Re: Fatal Accident

That sounds terrible. You should definitely contact our offices at your earliest convenience to discuss your options. We don't charge for consultation. The number below is my direct line, or you can e-mail me. We can help.

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Answered on 3/17/08, 9:52 am


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