Incidents that result in wrongful death lawsuits arise everyday throughout the state of Pennsylvania. They take many different forms but often involve the use of motor vehicles. While cars and trucks are likely what come to the minds of most when they hear about a motor vehicle accident, tractors also fall into that category.
Sadly, an 81-year-old Pennsylvania man died late last month after the tractor he was driving rolled into an embankment on his property. At the time of the incident he was apparently mowing grass. Though he was taken to UPMC Presbyterian in Pittsburgh following the mishap, he died due to the blunt-force trauma he sustained in the accident.
Though the fact that another vehicle does not appear to have been involved in the fatal accident may on its face make it appear that a wrongful death civil lawsuit would not be viable, this may not be true. A lawsuit such as this is possible in situations where the negligence of another person or entity is to blame for the death. That person or entity could take the form of the manufacturer of the tractor or a mechanic who could have performed repair work on the vehicle.
In the first example, if the tractor was in some way defective in the way it was made and that defect lead to the fatal accident, the loved ones of the man who died could seek financial damages via a products liability lawsuit. In the second situation, if a mechanic completed work on the tractor which made it dangerous to use, that individual could possibly be deemed responsible for the man's death in a personal injury lawsuit.
At this point there is nothing to indicate that either of those scenarios occurred. However, this instance shows how not all wrongful death claims are as straightforward as people often think.
Source: Trib Total Media, "Fayette man killed in tractor accident," Liz Zemba, Oct. 1, 2012
- Motor vehicle accidents that result in deaths are difficult to deal with. Our firm provides counsel in personal injury matters including these. If you would like to learn more about our practice, please visit our Pittsburgh fatal motor vehicle accident page.