Commercial vehicle accidents happen all the time throughout the U.S., including Texas. These accidents are often catastrophic and devastating to victims and their families. Victims often struggle with several challenges for years after an accident, including medical bills and legal processes.
Moreover, commercial vehicle accidents can result in wrongful death. When this happens, families are often left without a breadwinner and do not know where to turn for help.
Texas is filled with highways, interstates, and industries that focus on commercial trucking, oil, and gas. Combined, these factors create a higher-than-usual risk of accidents involving commercial vehicles. Sometimes, these accidents lead to tragic deaths.
If your loved one passes away after a commercial vehicle accident, you, as the surviving family member, may have the right to pursue a wrongful death claim.
What Constitutes a Wrongful Death Claim?
In Texas, wrongful death claims arise when someone dies because of another party or person’s negligence. In such a case, negligence can be a wrongful act, carelessness, or unskillfulness. In the context of commercial vehicle accidents, this could mean:
- Driver negligence: The driver of a commercial vehicle may speed or drive while fatigued. They may be distracted while driving or even under the influence of alcohol or drugs.
- Employer negligence: In this scenario, an employer could be liable if they failed to provide sufficient driver training or enforce the necessary safety protocols.
- Vehicle malfunctions: Sometimes, commercial vehicles malfunction because of defective parts or inadequate maintenance.
- Road hazards: Wrongful death can also be attributed to accidents that happen because of poorly maintained roads or lack of proper signage.
Who Can File a Can You File Wrongful Death Claim in Texas?
According to Texas law,Texas law states that you can file a wrongful death lawsuit only as the child, spouse, or parent of the victim. In some cases, the executor of the decedent’s estate can file a wrongful death lawsuit. on behalf of either the spouse, child, or parent.
A spouse is defined by both state and common law. If you and your spouse were separated at the time of the death, you may still be able to file a lawsuit.
Additionally, the deceased person’s biological child may bring a lawsuit, as may a formally adopted child under Texas law.
If the person who died is only survived by their parents, they may bring a wrongful death claim on behalf of their child.
This essentially means that all other family members are excluded from filing a wrongful death case. These include siblings, grandparents, boyfriends, girlfriends, foster parents, etc.
Establishing Liability in Commercial Vehicle Wrongful Death Cases
If you want to file a wrongful death claim, you must prove that the negligence of another party was what caused the accident in which your loved one died. This means proving:
- Duty of care: You must demonstrate thatprove that the the at-fault party had a duty to act responsibly to ensure the safety of your loved one. For instance, a commercial truck driver must follow traffic laws and operate their vehicle safely.
- Breach of duty: You must show that the driver did not execute fulfill their obligations or duty of care by acting negligently. This includes reckless driving, poor maintenance, or an overloaded vehicle.
- Causation: You must also establish a link between the breach of dutynegligence and your loved one’s death accident and subsequent death. In other words, you must show that the breach of duty (negligence) directly led to your loved one’s passing.
- Damages: Lastly, you must provide evidence of the financial and emotional losses you suffered as a direct result of your loved one’s passing.
Potential Defendants in Commercial Vehicle Wrongful Death Claims
It is possible for more than one party to be responsible for your loved one’s death. For example, a truck driver may have skipped a red light and crashed into your loved one’s car. Or, the truck driver’s employer may have neglected vehicle maintenance. The employer may also have forced the driver to work without taking a break, which led to fatigued driving
Multiple parties may be liable for your loved one’s death. For instance, the truck driver may have exceeded the speed limit or have been under the influence. The trucking company may not have maintained the truck or forced the driver to work longer than their scheduled hours, leading to fatigue.
Furthermore, manufacturers may be liable if defective parts on the commercial vehicle contributed to the accident. Even contractors and cargo loaders could be liable in a wrongful death suit if their actions played a role in the accident.
It is important to identify all potential defendants to ensure the maximum compensation in a wrongful death claim.
Recoverable Damages
The goal of a wrongful death claim is to receive compensation for losses after the death of a loved one. Therefore, you can claim several recoverable damages, depending on the losses you suffered.
These may include:
- Economic damages: If you were financially dependent on your loved one, you no longer benefit from their income. This means you can claim lost income.
Because you no longer have an income, you can also claim funeral burial and medical expenses. Medical expenses refer to bills for treatment your loved one received before they succumbed to their injuries.
- Non-economic damages: Your losses are not only monetary. If you lost a spouse, you also lost companionship. This causes mental anguish, which in legal terms is referred to as pain and suffering. If your loved one was your parent, you can claim for loss of parental guidance.
Moreover, you may also be able to claim punitive damages. This is rarely awarded in wrongful death claims, but you may be successful if the at-fault party is found guilty of intentional misconduct or gross negligence.
Punitive damages continue to be controversial because they are awarded to punish the at-fault party. However, punitive damages can and to prevent others from displaying similar behavior in the future.
Why You Need a Lawyer
It is incredibly hard to deal with losing a loved one, especially when their death is caused by negligence. While you navigate your grief, a lawyer can help you work through your wrongful death claim.
Your lawyer will handle every part of the process to give you the time to process what happened. They will investigate the accident and help identify liable parties.
Your lawyer will also negotiate your settlement with the relevant insurance companies and prepare your case for court if no settlement is reached.
Legal action will notFiling a wrongful death lawsuit will not bring your loved one back, and it will not lessen your grief. But, if you file a wrongful death claim, it holds the responsible parties at-fault parties accountable for their actions. You may also prevent the same thing from happening to another innocent family.