Wrongful Death Claims in Texas Truck Accident
Need a wrongful death claims attorney? Losing a loved one in a truck accident is devastating. There’s nothing that can make up for that or bring that person back, and the grief can be immense as families deal with the aftermath and plan for a future that wasn’t what they’d envisioned. On top of that are medical and funeral expenses and the loss of expected income that will no longer happen, and that can create a tremendous amount of stress on top of the grief.
Seeking Justice After a Deadly Truck Accident in Texas
At Haney Paschal & Romoser, we understand that no legal action can replace the person who you lost. However, pursuing a wrongful death claim in Texas may provide you with the financial stability that you desperately need and hold negligent parties accountable. And for many, simply knowing that they’re fighting for justice for their loved one is able to give them a sense of closure that otherwise might not be possible.
We understand that navigating the legal elements of this situation while you’re struggling to deal with what happened can be overwhelming and that these types of cases are oftentimes complex, sometimes involving multiple at-fault parties. Allow our wrongful death lawyers to take care of that, meet all necessary deadlines, speak and negotiate with insurance companies and otherwise build your case while you recover.
What Is a Wrongful Death After a Fatal Truck Accident?
Note that a wrongful death lawyer only works with civil cases. Anyone who’s at fault for the crash that resulted in the death of a loved one may receive criminal chargers, but those are unrelated to this situation as wrongful death claims can be filed in addition to or without there being any criminal charges.
But what is a wrongful death under Texas law? It’s a loss of life that resulted from someone’s negligent or wrongful actions. This type of lawsuit can be brought forth by close relatives of the deceased person as they seek compensation for their losses. Entities that may be held liable could include a distracted driver, a company that pressured them to drive through their legally required break and the manufacturer of the truck’s defective brakes. That’s one of the reasons why truck accident cases are often so much more complex than ones related to typical car accidents.
In any case, the emotional and financial toll on surviving family members can be immense.
Why Truck Accidents in Texas Are Especially Dangerous
Commercial truck accidents often result in catastrophic or, in this case, fatal injuries.
That’s for several reasons, but one of the most significant is the size and weight differences, especially between 18-wheelers and passenger vehicles. Also, interstate highways, such as 10, 35 and 45, are usually filled with trucks carrying goods across Texas and to and from other parts of the U.S., and the more trucks that there are on the roads, the more likely that accidents involving them will occur. Also of note, collisions taking place on highways tend to involve high-speed vehicles, which increases the chances of them being fatal or catastrophic.
Here are some of the most common causes of fatal truck crashes:
- Driver fatigue
- Distracted driving
- Improper loading
- Speeding
- Mechanical failures
- Violations of federal trucking regulations
Who Can File a Truck Accident Wrongful Death Claim in Texas?
Only certain individuals or entities can file a truck accident wrongful death claim in Texas.
Eligible family members include the deceased person’s surviving spouse, their children, including legally adopted children, and their parents. Note that stepchildren are not eligible unless they were adopted. Also important to consider is that each of these people may file individual lawsuits, or they can jointly file one or more.
In any case, they have three months to do so. After that time has passed, they have not lost their right to secure compensation for this wrongful death, but the lawsuit would have to then be brought forth by the deceased’s estate.
But there is a two-year statute of limitations that applies in most circumstances. However, there are exceptions that can lengthen or shorten that. One example would be if a child was involved; they’d normally have until they turn 18 for the two-year period to start for them. A truck accident lawyer can discern if any of these exceptions apply to your situation.
Regardless, you should act as fast as possible, not just to meet filing deadlines but also to take other important steps, such as ensuring that evidence is preserved.
Who Can Be Held Liable in a Fatal Texas Truck Accident?
The individuals or entities that could be held liable for a fatal Texas truck accident generally fall into three categories.
The Truck Driver
The truck driver is often at least partially responsible for what happened. One example of why would be negligent driving. This can occur if the driver was speeding, following too closely, unsafely changing lanes or distracted, such as by their phone, GPS or food. Intoxication or impairment is another; this can result from alcohol or drug use. Engaging in hours-of-service violations while not experiencing any pressure to do so is an example as well.
The Trucking Company
If the trucking company, for example, pressured drivers to violate safety rules, were negligent in who they hired and how they were trained or didn’t maintain vehicles as is legally required, it can be held liable for a fatal accident.
Third Parties
Third parties may also be held liable for a death on the roads. Perhaps a cargo-loading company didn’t load that cargo safely or as was legally required, and it then caused a crash that killed your loved one. Maintenance contractors who didn’t engage in their duties as they should have can be held liable as well. So can truck or parts manufacturers if that truck or part played a role in the wreck. Even government entities could potentially be held liable, such as if a roadway was defective and shouldn’t have been with them having been responsible for fixing it.
Federal and Texas Trucking Regulations That May Impact the Case
Federal Motor Carrier Safety Administration regulations are some of the most significant ones that may impact your case. Among its regulations are hours-of-service rules, which, for example, limit property-carrying drivers to 11 hours on the roads after they’d been off-duty for 10. Hours that are worked and not worked should be recorded in Electronic Logging Devices
FMCSA also has maintenance requirements and drug and alcohol testing standards.
Note that FMCSA doesn’t require the use of electronic control modules (ECMs) or event data recorders (EDRs), both of which are also referred to as black boxes, but nearly all trucks have at least an ECM, and it’s vital for your truck accident attorney to get information from it that’s related to the deadly crash.
Proving Negligence in a Truck Accident Wrongful Death Case
Negligence should be proved in a few ways.
First, was the commercial driver and carrier owed a duty of care to the one who died? Generally, the answer to this will be yes as traffic laws and other regulations should be followed.
Next, was there a breach of that duty, such as a breach of safety regulations? Speeding would be an example of this.
Importantly, did that breach of duty cause this death? For instance, if a truck driver who was speeding crashed into your loved one’s car, killing them, that would likely mean that causation did happen.
In any case, it’s important to take into account the role of accident reconstruction specialists as they’ll help determine if these things occurred. Also make sure that evidence is preserved, such as through the sending of spoliation letters. Your truck wreck attorney can help with both of those acts.
Damages Available in Texas Truck Accident Wrongful Death Claims
There are several types of damages that can be pursued in Texas truck accident wrongful death claims.
Economic Damages
A loss of financial support – economic damages – may result in compensation being provided for that reason. This refers to income that the deceased person would have likely provided their family had the accident not occurred. A similar term is loss of future earning capacity, which is that person’s overall expected income had they survived.
Non-Economic Damages
Surviving family members can recover damages related to mental anguish – i.e. the emotional suffering that they experienced as a result of this truck wreck. Examples of this can be resulting depression and anxiety while any significant disruption to their usual daily activities that’s connected to this death could apply.
Loss of companionship is similar but different in that it refers to the relationships between the deceased person and their surviving relatives and connected affection, comfort and guidance.
Exemplary (Punitive) Damages
In some cases, exemplary or punitive damages may be awarded. This can happen if gross negligence, reckless disregard for safety or impaired driving had occurred.
Keep in mind that the intent of punitive damages is to punish those at fault more severely, but anyone who’s the recipient of this type of judgment still receives that awarded money.
Survival Claims in Texas Truck Accident Cases
Your wrongful death claims attorney can also help with a survival claim, which is related directly to the person who died. This is essentially a claim that that individual could have brought forth had they lived. Examples of damages that may be awarded in a survival claim include medical bills, mental anguish and lost earnings that occurred during the time between the crash and when they died. However, funeral and burial expenses would usually be applied here as well.
Generally, that person’s estate is responsible for filing a survival claim.
Challenges Unique to Truck Accident Wrongful Death Cases
There are some challenges that are unique to truck accident wrongful death cases that should be noted.
One is that insurance defense teams in these types of cases tend to be aggressive. This is partially because they’re usually well-funded and there may be a lot of money on the line.
Also, trucking companies and their insurance companies often take advantage of rapid response accident investigation teams, which look to gather evidence quickly, oftentimes within hours of the crash happening. Those teams can be extensive, sometimes consisting of accident reconstruction experts and engineers.
Another challenge can be complex corporate structures, which sometimes make it difficult to discern who’s responsible for the wreck.
In fact, disputes over liability percentages can occur regardless of corporate structures, and this may result in even greater complexity if the deceased person was partially at fault. That said, keep in mind that they have to have been 50% or less at fault in order for relatives to be able to file wrongful death claims.
How Haney Paschal & Romoser Can Help Your Family
Haney Paschal & Romoser can help your family with your wrongful death claim in a number of ways.
We’ll immediately investigate the crash, record evidence, speak with any witnesses and secure black box and logbook data. Working with industry experts and handling negotiations with trucking insurers will also help your truck wreck lawyer earn a fair and just settlement for you.
Although most wrongful death cases are settled without needing to go to trial, we’re also prepared to do that for each of our clients should it prove to be necessary.
We know how difficult of a time this is, and we’ll provide compassionate representation and care as we fight for you and the memory of your loved one.
Speak With a Texas Truck Accident Wrongful Death Attorney Today
For a free consultation, reach out to Haney Paschal & Romoser. We don’t charge any upfront fees and work on a contingency fee structure, meaning that we don’t get paid unless you do as well.
We’ll help you receive fair compensation for your wrongful death claim.
FAQ’s – Truck Accident Wrongful Death Claims in Texas
What is considered a wrongful death in a Texas truck accident?
A wrongful death occurs when a person dies due to another party’s negligence, such as reckless driving, unsafe trucking practices, or equipment failure.
Who can file a wrongful death claim in Texas after a truck accident?
In Texas, spouses, children, and parents of the deceased are typically eligible to file a wrongful death claim.
How long do I have to file a wrongful death claim in Texas?
Texas generally allows two years from the date of death to file a wrongful death lawsuit.
What compensation can families recover in a truck accident wrongful death case?
Compensation may include funeral expenses, lost income, loss of companionship, and emotional suffering.
Who can be held responsible for a fatal truck accident?
Responsible parties may include the truck driver, trucking company, maintenance providers, or manufacturers.
How is fault determined in a Texas truck accident death case?
Fault is determined through evidence such as accident reports, driver logs, witness statements, and expert analysis.
Can multiple parties be liable in a fatal truck accident?
Yes. In some cases, several parties may share responsibility for the accident.
What evidence is important in a truck accident wrongful death claim?
Key evidence may include black box data, driver records, maintenance logs, and crash investigation reports.
How are truck accident cases different from regular car accident claims?
Truck accidents often involve federal trucking regulations, commercial insurance policies, and multiple liable parties.
Do I need a lawyer for a wrongful death truck accident claim?
Legal guidance can help families understand their rights, gather evidence, and pursue compensation.
How long does a wrongful death truck accident case take?
The timeline varies depending on the case’s complexity, negotiations, and whether the case goes to trial.
What should I do after losing a loved one in a truck accident?
Families should consider seeking legal guidance, preserving evidence, and understanding their rights under Texas law.