Legal Steps for Families of Victims Killed in Construction Zone Accidents on I-83

Interstate 83 (I-83) is generally considered one of the more dangerous roadways in Pennsylvania due to the roadway’s sharp curves and heavy congestion. I-83, also known as the Susquehanna Expressway, is subject to a significant volume of traffic since it serves as a corridor for travel between Pennsylvania (primarily the Harrisburg area) and Maryland. The high traffic volume presents a serious risk to construction workers attempting to repair or update a portion of I-83.

For example, three construction workers were engaged in a crack sealing project on I-83 near MM 35.5 in Fairview Township when a box truck hit a construction truck directing traffic with flashing arrows in the active work zone. Tragically, the three construction workers died in this awful accident, according to ABC27 News.

If you lost a loved one in a deadly construction accident on or near I-83, the attorneys at KBG Injury Law extend our deepest condolences. Losing a loved one in a sudden, preventable accident is a horrific event that can turn your world upside down. We understand there is no way to bring your loved one back. Nevertheless, in the wake of a deadly I-83 construction accident, there is a legal recourse for you to hold the responsible party accountable for their careless or reckless actions.

Deadly I-83 construction accidents and workers’ compensation

The workers’ compensation system in Pennsylvania may provide financial benefits to the surviving loved ones of an employee who lost their life in an on-the-job accident. Death benefits may include loss of financial support for lost wages, medical, and funeral expenses. Eligible survivors may receive weekly death benefits based on a percentage of the decedent’s salary. There is a limit on the amount that can be paid via weekly death benefits based on the average salary in Pennsylvania.

Analyzing the interplay between workers’ compensation and filing a wrongful death action can be a complex issue. This is why speaking to a lawyer with a deep knowledge of wrongful death and workers’ compensation laws makes sense. The attorneys with KBG Injury Law have over four decades of experience helping people pursue financial recovery through personal injury, wrongful death, and workers’ compensation actions.

Filing a wrongful death legal action in Pennsylvania

In Pennsylvania, wrongful death claims are generally governed by 42 Pa.C.S.A. Section 8301, which notes that surviving family members are eligible to file a wrongful death lawsuit. Eligible survivors generally include the decedent’s spouse, children, and/or parents.

Wrongful death damages in deadly I-83 construction accidents

The main reason to pursue a wrongful death action following a fatal construction accident is to provide financial relief and hold negligent parties accountable. Here are some of the remedies that families can pursue.

Compensation for economic harms and losses

It is an unfortunate fact – when a family member dies in a sudden, unexpected accident, the surviving family often encounters significant financial challenges. This reality is particularly harsh when the decedent is the primary breadwinner for their family. Pursuing a wrongful death action will not bring your loved one back, but it can help ease the financial strain and stress that may arise following your loved one’s death. A wrongful death action allows surviving family members to pursue compensatory damages for economic harms and losses, such as:

• Funeral expenses
• Burial expenses
• Medical bills
• Lost earnings of the decedent, including future earnings and benefits such as health insurance and/or retirement contributions.
• Loss of household services, such as home maintenance or childcare, that the decedent would have provided if they were living.

Compensation for non-economic harms and losses

Along with economic damages, surviving loved ones of a deceased construction worker may also be able to pursue compensation for non-economic harms and losses, including:

• Loss of companionship or consortium (i.e., the emotional and relational support the decedent provided to their family)
• Emotional pain and trauma suffered by surviving loved ones
• Loss of parental guidance and stewardship for surviving children

The amount of recoverable non-economic damages will vary depending on a case’s specific facts and circumstances.

Pursuing punitive damages

In situations where the death of a loved one was caused by reckless or wanton misconduct – such as a drunk driver crashing into an active construction zone on or around I-83 – surviving family members may be entitled to pursue punitive damages. Punitive damages are a form of “punishment” damages. They are intended to punish the wrongdoer in the hopes of deterring similar conduct.

Contractor liability and third-party lawsuits

In construction-related accidents, there is the possibility that multiple parties may be held accountable for your loved one’s tragic passing. Other potentially liable parties may include general contractors, subcontractors, and/or equipment manufacturers. If the negligence of one of these third parties contributed to the deadly accident, they can be held liable through a wrongful death claim.

For example, a general contractor could be liable if they failed to enforce applicable safety procedures while on the construction site. Similarly, a subcontractor could be held accountable if they engaged in careless or negligent conduct (e.g., improperly securing equipment or failing to provide proper training) and that negligence proximately caused the deadly accident. Equipment manufacturers can also be accountable in situations where a defective tool or piece of machinery may have caused or contributed to the construction worker’s death.

The clock is ticking – Pennsylvania’s wrongful death statute of limitations

When it comes to wrongful death claims in Pennsylvania, surviving family members are afforded a specific period to pursue legal action. Specifically, the statute of limitations for a wrongful death lawsuit is two years commencing from the date of death, according to 42 Pa.C.S. § 5524(2).

It is very important to file a lawsuit within this timeframe. If you fail to do so, it can result in your wrongful death case being dismissed. To determine if you have enough time to file a wrongful death lawsuit, contact KBG Injury Law to schedule a no-cost, confidential case evaluation.

Pursuing a survival action claim

Regardless of whether you can file a wrongful death claim, a survival action may be viable under Pennsylvania law. For context, a survival action is typically brought by the personal representative of a decedent’s estate. A survival action, governed by 42 Pa.C.S.A. Section 8301, is a legal action whereby the decedent’s estate stands in the metaphorical shoes of the victim. The personal representative for the estate is then eligible to bring the same legal claims that the decedent could have brought if they were still living. Recoverable damages in a survival action generally include the decedent’s pain and suffering, reimbursement for medical expenses, and compensation for past and future earnings.

Have questions? Contact an experienced York, Pennsylvania, wrongful death law firm

Losing a loved one in a preventable accident is a gut-wrenching and traumatic experience. Pursuing financial restitution through a wrongful death claim won’t bring your loved one back, but it can provide a mechanism for you to hold the responsible party accountable and to pursue financial compensation that can help cover significant expenses in the aftermath of your loved one’s passing. The wrongful death attorneys at KBG Injury Law stand ready to help you in your time of need. Contact us at 717-527-6499 to learn how we can help you and your family. We have offices in York, Lancaster, Hanover, Harrisburg, and Gettysburg, PA. Feel free to use our contact page to schedule an appointment.