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Anyone involved in a crash could suffer severe injuries, including the driver who caused the accident. Sometimes the at-fault driver dies while the victim survives.
This can raise questions in victims’ minds. Can they still seek compensation from the at-fault driver? Does his or her insurance policy still provide coverage?
Below, Schmidt Kramer’s licensed attorneys explain your potential legal options in this situation. If you were involved in a crash in Harrisburg and the liable driver did not survive, call us to schedule a free legal consultation. There are no upfront costs to hire our services, and we have obtained millions for our client At-fault drivers often get killed in crashes because they were driving while under the influence of alcohol or drugs. Impaired driving crashes can be incredibly dangerous, as impaired drivers are more likely to engage in reckless behavio High-speed impact collisions can be too much for the body to handle. Drivers could be killed instantly or succumb to their injuries hours or days later.
Critical injuries may occur if the at-fault driver’s vehicle rolls over or if he or she is ejected from the vehicle due to not being buckled Even drivers who buckle up may suffer a traumatic brain injury during a crash with a violent impact, especially one that occurs at high speed. Any preexisting medical issues, such as a traumatic brain injury, could make it harder for an at-fault driver to recover after a severIf the collision causes an explosion or a fire breaks out, the at-fault driver could suffer severe burns, especially if he or she gets stuck inside the vIf a vehicle gets submerged under water, the driver might not be able to get out, especially if he or she passes out. This could result in drowning.
If the at-fault driver had liability insurance, it will still cover the accident. The at-fault driver’s death does not affect insurance coverage for the crash. If you suffered damages covered by the at-fault driver’s insurance policy, you may be eligible to seek compensation for those damages.
That said, as a no-fault insurance state, many Pennsylvania auto accident claims are resolved through claims with the victims’ own insurance company. You may not need to file a claim with the liable driver’s insurance, unless the cost of your damages exceeds the limits of your own coverage.
The type of no-fault coverage you purchased is another factor that may impact your ability to seek additional compensation for your damages. If you bought limited tort coverage, you cannot step outside of the no-fault system to recover compensation for pain and suffering. The only exception is if you suffered a serious injury, as defined by state law. If you bought full tort coverage, however, you would have unlimited right to sue.
Whether you are filing an insurance claim or a lawsuit, you are seeking compensation from an insurance company, not the deceased driver or his or her family. There is no reason to be concerned that you are taking money from a grieving family. In fact, they probably will not even be involved in the legal process. Your lawyer is going to be dealing with the insurance company.
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