New York Wrongful Death Lawyer Blog

Another member of a Steuben County Amish community died as a result of the July 19 crash allegedly caused by a drunk driver. Elva J. Hershberger, age 39, succumbed Tuesday afternoon. Her husband died in the same accident.

The facts and circumstances of the crash point to a viable wrongful death suit on behalf of all of the deceased. A drunk driver tried to pass farm machinery on a rural road, in a "no-passing" zone, and collided with a van carrying a group of Amish farmers.

I do not expect that any wrongful death case will result over this tragic, preventable incident. The Amish separate themselves from the rest of the world in a wide variety of ways: cultural, social, technological, and legal.

Filing of a lawsuit is forbidden by the Amish.

News articles indicate that the Amish community will take care of the families of those killed and injured in the senseless incident.

Ryan Dunn, age 34, known for his insane and dangerous antics in movies and on MTV as part of the Jackass franchise, crashed his Porsche, going 130 mph while intoxicated in Chester, PA, at about 3 a.m., last June 20.

Zachary Hartwell, Dunn's passenger who died in the fiery crash, was married less than one year at the time.

As passenger, Hartwell was not in control of the automobile, Dunn was. His high speed, intoxicated, operation of the Porsche was negligent. The crash and resulting deaths was his fault.

No wrongful death recovery will make up for Hartwell's wife's loss...

Whether Dunn was a true "jackass" or an all-American boy, the combination of youth, alcohol, and speed, once again claimed more life.