Ryan Zavodnick | August 2, 2020 | Wrongful Death
A traffic accident in North Philly severely injured a pregnant woman who was sitting on the sidewalk. Her unborn daughter did not survive the crash.
According to reports, 19-year-old Yaaseen Bivines of North Bambrey Street in North Philadelphia was driving the vehicle that caused the death of the unborn child. Bivines and a juvenile were street racing on Broad Street near Diamond. At about 4:55 a.m., the Ford Expedition SUV driving by Bivines ran into the back of a car on Broad Street.
Bivines raced away from the scene of the crash headed north on Broad. The vehicle spun out of control and jumped a curb. The SUV struck Gina Campbell, who was sitting on a low concrete wall on the sidewalk.
Ms. Campbell was seven months pregnant at the time. Two other men sitting with Ms. Campbell were able to move out of the way of the SUV. Sadly, Ms. Campbell sustained severe injuries because of the accident.
She was rushed to the hospital. Doctors performed a C-section to deliver her baby. The baby girl was pronounced dead by doctors at Temple University Hospital.
Bivines has been charged with several crimes. He is facing third-degree murder of an unborn child for the death of Ms. Campbell’s daughter. Bivines is also facing charges of racing on highways, aggravated assault by vehicle while DUI, causing an accident involving death, driving without a valid license, and simple assault.
If convicted, Bivines could face substantial prison time. However, a criminal conviction will not ease the suffering and pain caused by this senseless car accident.
Criminal Charges vs. Civil Penalties After Deadly Car Accidents
When a car crash results in a fatality, the driver responsible for causing the accident could face multiple criminal charges, as in the above case. Driving a vehicle is a serious responsibility. Vehicles can be deadly weapons when drivers are reckless and irresponsible.
Even though a driver may not have intentionally set out to kill someone with his vehicle, that driver can still be held accountable in criminal court for taking the life of another person. The driver may also be held liable in civil court for the damages caused by the accident.
In a wrongful death action, surviving family members seek compensation for the losses and damages caused by a driver’s negligence and wrongdoing. Even though the money does not bring back their family member, there is some measure of justice received when they hold the person responsible for their loved one’s death accountable in court.
Also, the compensation the family receives from a wrongful death claim can help pay for the care and comfort of the family members who depended on the deceased for financial support.
For those who survive a car accident, a civil lawsuit provides compensation for their financial losses, physical pain, and emotional suffering. A car accident lawsuit can reimburse a victim for the cost of medical treatment and loss of income. It can also compensate victims for permanent disabilities and loss of quality of life.
How Do I File a Wrongful Death Lawsuit?
The first step is to consult with a lawyer to discuss your options for filing claims related to the car accident. Only specific individuals may file wrongful death lawsuits under Pennsylvania’s wrongful death statute.
In most cases, only a person’s spouse, children, or parents can file a wrongful death claim. If the person did not have any surviving relatives who can file a claim, the person’s estate may file a wrongful death claim.
The person’s estate may also file a survival action against the party responsible for the person’s death. In a survival action, the person’s estate receives compensation for damages that the person would have been entitled to receive had they survived their injuries. The compensation for a survival action passes through the estate to the person’s heirs.
Damages included in a wrongful death lawsuit:
- Medical expenses from the date of injury through the date of death
- Burial and funeral costs
- Financial contributions the person would have made to the family had he lived
- The value of services provided to the family by the person had he lived, such as comfort, care, guidance, etc.
- The psychological and emotional trauma experienced by the family members because of the person’s death
A wrongful death lawsuit can result from a variety of situations. In addition to fatal automobile accidents, other incidents can result in a wrongful death claim. Examples include:
- Dog bites
- Construction accidents
- Medical malpractice
- Slip and fall accidents
- Nursing home abuse
- Assault
- Boating accidents
- Defective products
If your loved one died as the result of another party’s negligence or wrongdoing, your family might have a wrongful death claim against that party. A wrongful death lawyer can help you seek justice for your loved one and your family.
Contact Our Car Accident Law Firm in Philadelphia Today To Get Help With Your Case
To learn more and get the help you deserve, call Zavodnick & Lasky Personal Injury Lawyers at (215) 875-7030 or contact us online.
You can also visit our law firm at 123 S Broad St #1220, Philadelphia, PA 19109.