Fatal Truck Accidents in Texas: Wrongful Death Claims and Survivors’ Rights
If a truck accident causes bodily injury or death, victims may be able to take legal action in an effort to obtain compensation. The estate of a deceased victim would take legal action against a driver or any other parties that might be liable for the wreck. Let’s take a closer look at what a wrongful death claim entails, the types of damages that are involved in such a claim and other important details to consider such as when it may make sense to talk with a truck accident lawyer.
What Is a Wrongful Death Claim?
A wrongful death claim is brought when a plaintiff believes that the defendant took action that led to the unnecessary demise of a loved one. In a motor vehicle accident case, the plaintiff would likely claim that the defendant was negligent while operating their motor vehicle.
For instance, the claim may state that the defendant was under the influence of drugs or alcohol when the crash occurred. Alternatively, it may be asserted that the defendant failed to maintain their vehicle, was driving too fast for road conditions or otherwise acted in a negligent manner.
Negligence occurs whenever a person or entity engages in actions that a reasonable person would consider to be reckless or otherwise dangerous. A defendant can be guilty of negligent behavior even if there was no intent to cause bodily injury or death.
It’s worth noting that more than one party can be named as a defendant in a wrongful death case. For example, if issues with the vehicle’s brakes rendered it unable to stop, the brake manufacturer might be named in the suit.
In addition, the defendant’s employer may be liable for damages for allowing a defective vehicle to be on the road. Your truck accident attorney may be able to help you identify liable parties and take other actions on your behalf.
Common Causes of Fatal Truck Accidents
There are multiple reasons why a truck accident might occur, and determining the cause of a crash can go a long way toward determining who might be responsible for causing it. In many cases, human error is the main factor in a fatal truck crash. Human error can be anything from a driver making a left turn into oncoming traffic to operating a truck while under the influence of drugs or alcohol.
Road conditions can also play a role in a fatal truck accident. Snow, ice and rain can make roads slick, which increases stopping distance and also increase the risk of sliding into another lane of traffic. Ultimately, an inability to effectively stop or slow a large truck or passenger vehicle can lead to collisions that generate a large amount of energy.
It’s important to understand that commercial trucks can weigh up to 10,000 pounds while passenger vehicles can weigh as little as 3,000 pounds. Therefore, even at slower speeds, collisions can render smaller vehicles little more than a pile of rubble. Also, because of the way larger trucks are designed, smaller vehicles can slide under them and cause serious damage.
Finally, accidents may be caused by flying debris or other issues related to poor vehicle maintenance. Your truck crash lawyer may be able to get maintenance records in an effort to prove that this played a role in the wreck that caused your loved one’s wrongful death.
Who Can File a Wrongful Death Claim in Texas?
Texas law stipulates that only a few people have standing to file a wrongful death lawsuit in the state. Among these select few individuals include the spouse, parents or siblings of the deceased. In other words, you would have standing to sue if your husband, son or brother died or if your wife, daughter or sister were killed in a fatal truck wreck.
In addition, the representative of the deceased victim’s estate can file such a claim. Your Texas truck accident lawyer may be able to explain more about who can file in your case and whether it may be best for one party to file or for all interested parties to do so together.
Establishing Liability in Fatal Truck Accidents
To obtain a favorable outcome in a truck accident case, the plaintiff must establish that another party was liable for the wreck. This is done by showing that the defendant acted in a negligent manner in causing an accident that was the proximate cause of your loved one’s death. In addition, you must prove that your family incurred a financial loss if you wish to obtain damages from the defendant.
For example, let’s say that the defendant was driving too fast for road conditions when a deadly accident occurred. This would likely be seen as negligent because that person should have known that it’s generally not proper to drive at or above the speed limit during a snow, ice or rain event.
You would then need to show that your loved one’s death was a direct result of the accident. This is often easy to prove as death will likely occur at the time of a wreck or shortly after.
There are multiple lines of evidence that your truck crash attorney will likely use to establish liability in your case. Those lines of evidence may include medical records, a police report or statements from witnesses. Photos or video evidence may also help in the quest to hold another motorist liable for your loved one’s death. These or other line of evidence may also make it possible to establish that multiple parties were liable for the wreck.
Recoverable Damages in a Wrongful Death Lawsuit
The kind of damages that you can obtain in a wrongful death suit depend largely on the facts of the case. However, in most cases, you’ll be able to obtain compensation for medical bills and other direct costs of care provided after the accident. This may include the cost of taking an ambulance to the hospital, time spent in a medical facility or expenses related to an emergency surgery prior to passing.
It may also be possible to recover any lost wages or lost future earnings related to wrongful death. Let’s say that your father was a 50-year-old man who made $100,000 per year at the time he was killed. A jury may find that he had another decade of prime earning potential, which means that you may be entitled to $1 million in lost future earnings.
Punitive damages may be ordered in the case if an accident was caused by gross negligence. Gross negligence assumes that the defendant acted in a way that actively disregarded the safety of other people. An example of such misconduct might include allowing an untrained driver to make a delivery or allowing a clearly intoxicated driver to operate a commercial vehicle.
Punitive damages are designed to make others think twice about taking actions that might result in future accidents. Finally, damages for the loss of a relationship with a parent or spouse and other miscellaneous amounts may be included in a final settlement. Your truck wreck lawyer will be able to provide more details about what types of damages may be available in your case.
Statute of Limitations
In Texas, you have two years from the date of your loved one’s passing to take legal action against a defendant. Therefore, if your loved one passed three weeks after the accident took place, you’d have two years from that date to take action.
If you fail to take action in a timely manner, you may forfeit your right to collect compensation from a defendant. Your truck accident attorney will likely file a lawsuit the day he or she is hired to represent your interests to protect your rights.
It’s worth noting that you do not need to have a settlement within two years to qualify for a financial award. Typically, it will take many months or years to get to the point where a financial agreement is reached. It’s also worth noting that you can still opt for a settlement even after a trial begins.
The judge in your case will likely require the parties to attend mediation prior to setting a trial date. Settling is often seen as preferable to taking a case to trial because you’ll spend less time and money obtaining your preferred outcome. Depending on the facts of your case, there is a chance that the statute of limitations clock may toll, which might give you more than two years to file a lawsuit.
Practical Steps for Survivors
Perhaps the best thing that surviving loved ones can do after a fatal truck crash is to consult with a truck wreck attorney. Hiring an attorney means that you have someone on your side who will chase down evidence, talk to the defendant and take other steps to achieve a proper outcome in the matter. In the meantime, you can grieve the loss of a parent, sibling or spouse without worrying about legal matters.
Working with an attorney also gives you more time to focus on settling your loved one’s affairs in a timely manner. For instance, if there is a will, you’ll need to file it with the probate court as quickly as possible. You may also need to obtain death certificates, close accounts and take other steps to be there for your family.
Ideally, you’ll say as little as possible about the case until a resolution is reached. This likely means staying off of social media as anything that you post could be used by the defense to bolster their case. It’s also important to keep older children, friends or others from discussing the case as much as possible.
If a family member is killed in a truck accident, one of your first steps should be to speak with a Texas truck accident attorney. Doing so may make it easier to learn about your rights and how to preserve them during what is surely a difficult time for yourself and your family.