Truck Accident Wrongful Death in Texas: What You Need To Know
Losing a loved one is an incredibly heart-wrenching experience. When that loss is the result of a truck accident caused by someone else’s negligence or recklessness, the pain can be even more overwhelming.
In such difficult times, seeking justice might not be your immediate priority, but holding those responsible for the truck accident and wrongful death accountable is essential. Not only can it bring closure to your family, but it can also prevent similar tragedies from happening to others on the roads.
At The Dashner Law Firm, we understand the profound emotional impact that comes with the sudden and tragic loss of a loved one. Our team of dedicated truck accident lawyers is not only committed to providing top-notch legal representation but also to offering compassionate and patient support throughout this challenging journey. Together, we will tirelessly pursue justice, find closure, and fight for the rightful compensation that you and your family deserve.
Causes of Fatal Truck Accidents
Operating large and heavy commercial trucks, including 18-wheelers and dump trucks, leaves little margin for error. Even a momentary lapse of attention from the driver or a minor mechanical issue can result in devastating consequences. Some of the leading causes of truck accidents with fatalities include:
- AGGRESSIVE DRIVING
- DIMINISHED VISIBILITY
- DISTRACTED DRIVING
- DRIVING UNDER THE INFLUENCE
- EMPLOYER PRESSURE
- FAILURE TO CHECK BLIND SPOTS
- FATIGUED DRIVING
- IMPROPER LOADING
- INCLEMENT WEATHER
- NEGLIGENT MAINTENANCE & REPAIR
- PARKING OR STOPPING ON ROADS
- PERILOUS ROAD CONDITIONS
- SPEEDING
- TRUCK EQUIPMENT FAILURE
- UNFAMILIARITY WITH ROUTES
- UNSAFE MANEUVERS
Improper Truck Maintenance
Negligent maintenance of trucks can lead to mechanical failures such as brake issues, tire blowouts, or steering problems, making the truck more prone to accidents.
Improperly Loaded Trucks
Loading truck cargo correctly and adhering to weight restrictions is crucial for safe transportation. When a vehicle carries excess weight or if the cargo is inadequately loaded, it can lead to significant problems with vehicle handling, increasing the risk of the driver losing control, especially during sharp bends or turns. Additionally, overloaded trucks are prone to equipment failures, such as tire blowouts, posing serious dangers on the road.
Who Is Liable for Your Loved One’s Death?
In a truck accident that results in the death of a loved one, multiple parties could be potentially liable, depending on the specific circumstances surrounding the collision. Identifying the responsible parties is crucial in pursuing a wrongful death claim. The following parties may be held liable for your loved one’s death in a truck accident:
Truck Driver: If the truck driver’s negligence, recklessness, or violation of traffic laws caused the accident, they may be held responsible for the wrongful death.
Trucking Company: The trucking company that employed the driver may also share liability if they failed to properly train their drivers, enforced unrealistic schedules, or neglected vehicle maintenance.
Vehicle Manufacturer: If a mechanical failure, such as brake failure or a tire blowout, contributed to the accident, the manufacturer or distributor of the faulty part might be held accountable under product liability laws.
Cargo Loading Company: Improperly loaded or unsecured cargo can lead to accidents, especially when it affects the truck’s stability. If a separate company handled the cargo loading, they could be liable for negligence.
Maintenance Contractor: In cases where inadequate vehicle maintenance played a role in the accident, the company responsible for maintaining the truck may be held liable.
Establishing liability in a truck accident wrongful death case can be complex, as it often involves thorough investigation, gathering evidence, and analyzing various factors that led to the tragedy. It is crucial to consult with an experienced truck accident attorney who can assess the details of the accident, determine liability, and help you seek compensation for the loss of your loved one.
Truck Accident Wrongful Death Compensation
Losing a loved one in a truck accident is an incredibly devastating experience, and seeking compensation for the wrongful death can be an essential step towards finding closure and financial stability during such trying times. Wrongful death compensation in truck accidents typically covers various damages and losses experienced by the surviving family members. Here are some elements of compensation that may be pursued in a wrongful death claim:
Medical Expenses: The compensation may include medical expenses incurred as a result of the accident, including emergency medical treatment, hospitalization, and any other medical care provided before the passing of the loved one.
Funeral and Burial Costs: Funeral and burial expenses are typically covered to ease the financial burden on the surviving family members, allowing them to give their loved one a proper farewell.
Loss of Financial Support: The compensation may include the value of the financial support and contributions that the deceased would have provided to the family over their lifetime. This may include lost income, benefits, and other financial assistance.
Loss of Companionship: The emotional toll of losing a loved one cannot be understated. Compensation may be awarded for the loss of companionship, care, guidance, and emotional support that the deceased would have provided to their family members.
Pain and Suffering: In some cases, compensation may be awarded to address the pain and suffering endured by the surviving family members due to the loss of their loved one.
Punitive Damages: In cases where the truck driver or trucking company’s actions were particularly egregious, punitive damages may be awarded to punish the responsible party and deter similar conduct in the future.
It’s important to note that wrongful death compensation varies from case to case, and the amount awarded is influenced by various factors, including the circumstances of the accident, the extent of the damages, the degree of liability of the parties involved, and the jurisdiction’s laws.
Navigating the legal process and negotiating with insurance companies can be overwhelming, especially when dealing with the emotional impact of a loved one’s death. Hiring an experienced truck accident attorney can prove invaluable in building a strong case, advocating for your rights, and securing the rightful compensation to help you and your family move forward after such a tragic loss.
The Importance of a Truck Accident Wrongful Death Attorney
Losing a loved one in a truck accident due to the negligence or misconduct of others can be a devastating experience. In such tragic situations, you may be eligible for significant damages through a wrongful death claim. However, pursuing such a claim can be incredibly challenging and complex, especially when dealing with multiple defendants and their insurance companies. Attempting to handle it on your own may lead to missing out on rightful compensation.
While you are coping with the loss and trying to move forward, having a compassionate and experienced wrongful death lawyer by your side is crucial. The Dashner Law Firm can provide essential guidance throughout the legal process, adeptly navigate the complexities, and tirelessly seek justice for your loved one. With our determined truck accident attorneys supporting you, you can focus on grieving and healing, knowing that we will handle all legal aspects of your case with utmost dedication.
How our Wrongful Death Truck Accident Lawyers Can Help
Engaging the services of our wrongful death truck accident lawyer can be immensely beneficial. Here are the ways in which we can help:
Conducting Thorough Investigation: Our attorney will meticulously investigate the fatal truck accident with the assistance of industry experts to gather critical information and uncover the underlying causes.
Establishing Liability: Determining the cause of the crash is essential for identifying all liable entities involved. Our lawyer will work to establish liability and pinpoint the responsible parties.
Gathering Vital Evidence: We will gather and preserve essential evidence to build a strong case in support of your claim, ensuring that your interests are protected.
Building a Compelling Case: Our lawyer will construct a powerful and persuasive case against the responsible party or parties, strengthening your position for a successful claim.
Assessing Damages: The full financial and emotional impact of losing a loved one is significant. Our attorney will thoroughly assess the damages to accurately determine the worth of your wrongful death claim.
The Time to File a Wrongful Death Lawsuit Is Limited
Texas Statutes section 71.001, if a family member loses their life in a truck mishap, the relatives typically have a two-year window to initiate a wrongful death lawsuit. Yet, certain circumstances might reduce this allowed period. For instance, when pursuing a claim against a governmental body, there might be more paperwork with tighter deadlines to remain lawsuit-eligible.
It’s crucial to engage a truck accident lawyer in Texas promptly after the tragic loss of your loved one to ensure all vital filing timelines are met. Failing to file in time might prevent you from seeking due compensation. Remember, the earlier you reach out to our team of truck accident lawyers, the quicker you can secure the restitution required to rebuild your life following such a devastating loss.
Truck Accident FAQs
In many cases, the trucking company’s insurance is responsible for financial damages caused by a truck accident, especially if the truck driver is found to be at fault. However, determining liability and responsibility in truck accidents can be more complex than in standard passenger vehicle collisions. Here’s why:
Employment Relationship: If the truck driver is an employee of the trucking company and was acting within the scope of their employment at the time of the accident, the trucking company (and by extension, their insurance) is typically held liable for damages under the legal doctrine of “respondeat superior” or “vicarious liability.”
Yes, in many jurisdictions, including Texas, if you’ve been involved in a truck accident due to someone else’s negligence, you can typically seek compensation for both your economic and non-economic damages. “Pain and suffering” falls under the category of non-economic damages.
Here’s a closer look at what this means:
Economic Damages: These are the tangible, out-of-pocket expenses you’ve incurred as a result of the accident. They include medical bills, rehabilitation costs, lost wages, property damage, and any other monetary losses directly related to the accident.
Non-Economic Damages: These are intangible damages that don’t have a direct monetary value but represent the physical and emotional distress caused by the accident. “Pain and suffering” is a term used to describe the physical pain and emotional anguish a victim may endure after an accident. It can encompass a wide range of issues, including:
- Physical pain and discomfort
- Emotional and psychological trauma (like anxiety, depression, or PTSD)
- Loss of enjoyment of life or diminished quality of life
- Scarring or permanent physical limitations
A trial lawyer, often referred to as a litigator, plays a crucial role in representing and advocating for clients involved in disputes that may lead to litigation or are already before the courts. Here’s how a trial lawyer can help your case:
Expertise in Legal Procedure: Trial lawyers are well-versed in the intricacies of the legal process. They understand court rules, procedures, and deadlines, ensuring your case proceeds without unnecessary delays or procedural errors.
Evidence Gathering: A trial lawyer will conduct a thorough investigation, gathering evidence from various sources, which may include police reports, witness statements, expert testimonies, medical records, and more.
Legal Strategy Development: Based on the evidence and legal principles, the lawyer will develop a strategy tailored to the specifics of your case, aiming for the best possible outcome.
Representation in Court: If your case goes to trial, your lawyer will present arguments, examine and cross-examine witnesses, and challenge opposing evidence, all to ensure your side of the story is compellingly and accurately presented.
Negotiation Skills: Even when a case is poised for trial, settlements can occur at any stage. An experienced trial lawyer can negotiate with the opposing side, seeking a resolution that aligns with your best interests.
Texas truck accident attorneys typically operate on a contingency fee basis, which means you won’t have any upfront expenses. In essence, the attorney’s payment is derived from a portion of the compensation you receive. The percentage they take often varies based on when your case is settled. For instance, if the case progresses to trial, the attorney may command a higher percentage due to the increased time, effort, and resources invested. Conversely, if the case is settled without initiating a lawsuit, the attorney’s percentage is usually lower because of the reduced workload.
Yes, if you are involved in a truck accident and are unsure about who is responsible, it is advisable to consult with a Texas truck accident lawyer. Here are some reasons why:
Expertise in Determining Liability: Truck accident lawyers have the experience and expertise to investigate the circumstances of the accident, gather evidence, and determine potential liability.
Complexity of Truck Accidents: Truck accidents can be more complex than typical car accidents. Multiple parties might be involved, such as the truck driver, the trucking company, the manufacturer of the truck or its parts, or the company responsible for loading the truck.
Dealing with Insurance Companies: Insurance companies often have teams of adjusters and attorneys working to minimize their liability. A truck accident lawyer can advocate on your behalf, ensuring your rights are protected and that you are not taken advantage of.
Potential for Significant Damages: Truck accidents often result in severe injuries or property damage. A lawyer can help ensure you pursue all potential sources of compensation, especially if long-term medical care is needed or there’s a loss of income.
Statute of Limitations: There’s a time limit (known as the statute of limitations) within which you must file a lawsuit after an accident. An attorney can ensure that all necessary actions are taken within this timeframe.
In Texas, the responsibility is determined by a judge or jury. However, many cases are resolved before reaching trial, so the need for a judge or jury to assign responsibility is less frequent. Instead, skilled lawyers utilize the litigation process to negotiate settlements aligned with the case’s specifics. If a settlement isn’t reached, the case proceeds to trial, where responsibility is assigned based on the presented evidence.
Yes, Texas follows the “modified comparative negligence” rule, which can affect compensation in personal injury claims when the injured party is found to be partially at fault for the accident. Here’s how it works:
Proportional Responsibility: If you are found to be partially at fault for the accident, your compensation may be reduced by the percentage of your fault. For example, if you’re found to be 20% at fault and your damages amount to $100,000, you might be eligible to recover $80,000 (which is the total damages minus 20%).
51% Bar Rule: Under Texas law, if you are found to be more than 50% at fault for the accident, you may not be able to recover any compensation.
It is advisable to consult with an experienced truck accident attorney, especially in cases involving truck accidents, as they often have unique complexities. An attorney can help protect your rights and maximize your chances of receiving fair compensation.
Yes, if a settlement cannot be reached through negotiations, you have the option to file a lawsuit to pursue your truck accident claim in court. An attorney can help you navigate the legal process.
The time to settle a truck accident claim can vary widely depending on the complexity of the case, negotiations with insurance companies, and potential legal proceedings. Some cases can be resolved quickly, while others may take several months or even years.
You may be eligible to recover various damages, including medical expenses, lost wages, pain and suffering, property damage, and more, depending on the circumstances of your case.
Yes, commercial trucks are subject to federal and state regulations, including weight limits, maintenance requirements, and driver qualifications. Violations of these regulations can be important factors in truck accident cases.
CONTACT DASHNER LAW FIRM
If you have been injured in an accident, then the Dashner Law Firm can help you. Call our personal injury lawyers today at 972-793-8989 to speak with an attorney about your situation. The consultation is free and, if you cannot come to us because of your injuries, we’ll come to you.
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Mr. Dashner gives his personal attention to his clients. He’s one of the only attorneys who give you his direct line and is available to answer your questions and ensure you are taken care of. You can expect frequent updates, personal attention, and a solid ally when you work with Mr. Dashner. You’ll never pay money out-of-pocket for Mr. Dashner’s services. He does not collect until you do.