Wrongful Death Caused by Drunk Driving: What Families Need to Know
Need a wrongful death attorney fro a drunk driving accident? Driving under the influence often has tragic consequences. In fact, according to the Texas Department of Transportation, there were more than 26,000 auto accidents in 2023 that were related to alcohol. Of these accidents, more than 1,100 people lost their lives. DUI-related deaths make up a large proportion of all traffic fatalities in the state.
If you have recently lost a loved one due to a DUI accident, you are understandably reeling from the sudden and unexpected loss. At the same time, you may be facing a slew of medical bills, funeral expenses and more. This is often coupled with lost wages that your family may depend on. Under Texas law, those who have lost a family member in a DUI accident can pursue legal action and seek compensation for the financial impact of the event. The first step is to contact an experienced car accident lawyer for a consultation.
The Tragedy of Drunk Driving Fatalities
When a drunk driving accident claims the life of another person, the outcome is tragic for the victim’s family members. DUI auto accidents randomly impact the lives of others with devastating results. Families expect their loved one to walk in the front door as usual, but this never happens again. Instead, the family is wracked by heartbreak and grief. Drunk driving auto accidents and fatalities are completely avoidable. The drunk driver only had to make a better choice, and your loved one would still be alive.
Loss of a loved one is more than just heart-wrenching for the family. It has significant and typically long-term or lifelong financial impacts. These impacts are felt immediately as the loved one’s paychecks stop. This substantial drop in household income may be combined with high memorial and burial costs as well as medical expenses. The financial impact to the surviving family members could play a role in the surviving spouse’s ability to retire as planned. Children’s plans for college, weddings and more may no longer be feasible. Often, quality of life diminishes substantially as the family adjusts to living on a much smaller household income and potentially taking on more expenses.
What Is a Wrongful Death Claim?
In Texas, a wrongful death claim is a civil legal action where survivors of the victim pursue compensation for their various losses. The loss is related to the victim’s death, which was a result of unskillful driving, carelessness or a negligent act. This includes driving under the influence of alcohol. The person who caused the fatal accident chose to act negligently by getting behind the wheel while they were impaired, and state law provides routes for those affected by this decision to seek justice.
While operating a vehicle, the driver has a duty of care to avoid harming others on the road. Your drunk driving lawyer is responsible for proving that this duty was breached. In addition, the lawyer must provide evidence of the financial impact that this breach of duty has had on those filing the claim.
A wrongful death attorney is knowledgeable of Texas Civil Practice and Remedies Code 71.002, which defines a wrongful death claim and establishes standards and guidelines. More than that, an experienced attorney has a solid understanding of common defense strategies as well as methods to overcome those strategies. Before filing a wrongful death claim with your DUI lawyer, it is important to understand the legal process and the potential outcome from the case. During an initial consultation, your attorney will answer all of your questions about your case and the legal proceedings.
Who Can File a Wrongful Death Lawsuit in Texas?
Under Texas Civil Practice and Remedies Code 71.004, a wrongful death claim can be filed against the negligent driver by the deceased’s parents, children and surviving spouse. If these parties don’t file a claim within three months, a personal representative of the estate may file a claim. While there are exceptions, unmarried partners, siblings, cousins and grandparents are typically not allowed to file a wrongful death claim under state law.
The statute of limitations for a wrongful death lawsuit in Texas is two years from the date of the victim’s death. However, exceptions are made in certain circumstances. For example, a child of the deceased who was a minor at the time of the accident can file a claim even after the 2-year period has passed. In addition, if the negligence was not uncovered or known until a later date, the statute of limitations is extended. In such cases, the statute of limitations is tolled, or paused. Once the minor child is 18 years old or after the negligence that resulted in the accident is revealed, the 2-year period may begin.
What Can Be Recovered in a Wrongful Death Claim?
Unfortunately, the impact of a wrongful death extends far beyond the loss of life and the loved ones’ mourning. A wrongful death claim filed by a DUI attorney allows eligible survivors the opportunity to seek financial compensation and justice for their loss. Recoverable damages include economic damages, non-economic damages and punitive or exemplary damages.
Economic damages are quantifiable financial losses and expenses that are directly and indirectly related to the accident and loss of life. For example, if the deceased received medical care prior to dying, medical expenses can be recouped through a wrongful death claim. Burial and funeral costs are also recoverable. Economic damages can also include loss of income as well as loss of household services. If the accident didn’t happen, the deceased would have been able to work and financially support the surviving family members, contributing to their well-being and quality of life. He or she also may have contributed to tasks like childcare, lawn maintenance or housekeeping. These tasks have value. Without the deceased’s efforts, the family may now need to hire help for these services.
Non-economic damages are intangible. For example, surviving family members are often torn by mental anguish and stress. Due to their loved one’s passing, they lost emotional support, companionship, guidance, love, intimacy and more. In addition to the non-economic damages to the surviving family members, the deceased may be considered. If the death was not immediate, the deceased’s pain and suffering should be accounted for.
While a wrongful death claim is a civil lawsuit, the surviving family members may seek punitive damages in a drunk driving fatality case. The purpose of punitive damages is to financially punish the negligent driver.
Can Bars or Restaurants Be Held Liable?
In Texas, the Dram Shop Act allows surviving family members to hold restaurants and bars liable for a drunk driving accident. Specifically, the establishment as well as the bartender can be named in a wrongful death claim if they continue to serve alcohol to the intoxicated driver after he or she is clearly drunk. The drunk driving attorney must prove that the bartender or establishment continued serving alcoholic beverages after identifying aggressive behavior, stumbling or slurred speech.
Be aware that this law does not cover establishments and bartenders serving alcohol to minors who later caused a drunk driving accident. It also does not apply to hosts who provided alcohol to guests at a party or social event.
The Safe Harbor Act provides establishments and bartenders with some legal protection. Specifically, it prohibits liability claims when the establishment’s or bartender’s actions followed established guidelines and rules, when they acted in good faith and when the actions were considered to be acceptable. Protection under the Safe Harbor Act is provided when the business or individual properly trains employees, does not encourage excessive consumption of alcohol, and does not over-serve alcoholic beverages.
How Haney Paschal & Romoser Can Help
The legal team at Haney Paschal & Romoser brings more than 33 years of experience to the table and is committed to helping you achieve the best legal outcome for your case. Located in Walker County, the full-service law firm represents clients throughout East Texas. Your legal case will not be handed off to a paralegal or assistance. Instead, it will receive focused attention from knowledgeable, devoted attorneys.
Some families believe that they are better off letting the situation lie rather than pursuing legal action. Others believe that they should represent themselves in a civil lawsuit. There are numerous reasons why it makes sense to file a wrongful death claim. One of the leading reasons is that the compensation available to you through a wrongful death claim can help your family avoid ongoing financial suffering and maintain your lifestyle. However, wrongful death cases are nuanced and complicated. The skills and expertise of an experienced wrongful death lawyer are essential.
Initially, your attorney will learn about your case through a consultation. During this time, you can get answers to your questions and learn about the potential outcome of the wrongful death claim. Throughout the claim process, your attorney will maintain open lines of communication and work hard to help you and your family get the justice you are entitled to under Texas law.
What Should Families Do After a Fatal DUI Accident?
Your actions after a fatal DUI accident can impact the outcome of your civil action. It is imperative that you obtain and preserve as much evidence as possible for your case. This can include everything from medical bills and the police report to photos, videos and more.
At the same time, you must take care of yourself and your family. The mourning process is different for each person. Allow yourself time to go through the process and seek mental health treatment and grief support, if necessary.
Even if you are not yet certain you want to file a wrongful death claim, your next step should be to consult with a car accident attorney. You should be aware of all of your options before making a decision. If you decide to file a claim, your attorney will need access to all of the evidence you have. He or she may ask you to obtain additional evidence as well. Your compassionate attorney will provide full representation throughout the claim and is devoted to maximizing the value of your claim.
You Don’t Have to Go Through This Alone
After the unexpected and tragic loss of your family member, you understandably may feel alone and hopeless, but you don’t have to go through this process on your own. The legal team at Haney Paschal & Romoser will stand by you every step of the way. Schedule a consultation today.