Legal Question in Personal Injury in Pennsylvania
My father 47....a wonderful man, three months ago was killed in a motorcycle accident. He has been riding for 25 plus years. He was a very hard working man and loved his grandchildren and family and friends so much. Was never a big "drinker" he would drink with the guys a few beers if he was watching football and stuff but never got sloppy or careless. The day of the accident....my dad and his "bestfriend" since high school rode about 40 miles away from home to visit a friend that is dying of cancer. Myself and my two year old son lived with my dad and i called him to see when he was coming home he said he has been trying to get his friend out of there because he was ready to come home.....He never made it home! He got about 10 miles away from the party and rode off the rode and was killed instantly. His friend never went back to talk to the police about anything. I was the one that had to tell the police he was with someone. Eyewittness told them as well but they didnt have any names so couldnt really do anything. His BAL was .019. And i guess this is two time the legal limit. I am just wondering if there is anything that could make his friend be held accountable for knowing he was drinking and still letting him get on his bike! And never going back to talk to police! I My son lost the best pap in the world that day and I feel like he should have to be responsable for something....he is walking around like nothing ever happened and my family is going through hell!!!! We also cant get the accidental death policy because he was over the legal limit. Thank you for your time!
2 Answers from Attorneys
I am very sorry for your loss!! It's possible we may have a claim. I would need to know more facts. I have handled these types of cases for many years. Please contact me to discuss.
There is a very good possibility for a case. Pennsylvania does have whats called "social host liability" which can hold someone, as opposed to a business, accountable for an incident as a result of allowing a known intoxicated person to leave. There are many facts we'd need to discuss further. The accidental death policy would need to be reviewed closely to find potential options.
If we can be of any help during this tough period for your family, please let us know. Best of luck.
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