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Old 01-04-2009, 09:04 AM
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Angry

Wrongful death?


What is the name of your state (only U.S. law)? PA

#1 If a mother commited suicide, because her teenage son child was killed in a car accident, could the woman's spouse go after the driver/driver's family for wrongful death of both the mother and the child?

The child that died was a passenger in the vehicle. The 18 yr old teen driver that survived with no injuries was negligent and had a history of accidents and numerous speeding citations only discovered after the accident. Mother would not have allowed child to ride in that car had this information been available.

Charges are pending the results of the accident reconstruction and police report. Preliminary indications are that the boy was driving at a very high rate of speed upon impact. The car involved in the accident was a rental car, rented by a parent, due to age restrictions imposed by rental car agencies. This opens the argument of negligence on the part of the teen driver's parents and rental car policies.

Obviously, the mother would not have killed herself had the child not died in the car accident. Is this a valid legal argument?

#2 How would you go about questioning why the driver licensing authority in this state has not pulled or suspended the license of the teen driver (who is on a junior license until the age of 21) who killed the boy?

Junior licenses are supposedly under more scrutiny, teens have curfews, are easier to card for alcohol, and alot less "get outta jail free cards" when it comes to driving violations. This driver seems to have gotten away with too much and the DOT office has not done anything to remove the teen's license.What is the name of your state (only U.S. law)?
  #2  
Old 01-04-2009, 10:38 AM
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1. No. The driver cannot be held liable because the boy's mother was mentally unstable.
2. Only the courts can suspend driving priveliges, Pennsylvania law does not allow for administrative suspensions of driver's licenses except in cases of reaching a certain number of points. Till the driver is convicted of the driving offense and the points are added to his license, it cannot be suspended.
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Last edited by racer72; 01-04-2009 at 10:41 AM.
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