Unfortunately, it is not expected that loss of life resulting from semi-truck accidents will end in the foreseeable future. The size of a big rig almost guarantees serious injury if not death in crashes at highway speeds. I have written about a few truck drivers sent to jail after the wrongful death of an innocent victim. But, most of the time, it is up to a wrongful death 18-wheeler accident lawyer to hold the truck driver and his company accountable.
Many Reasons for Wrongful Death Tractor-Trailer Wrecks
Wrongful deaths that result from a collision with semi-truck driver are a difficult topic to discuss – yet a reality on Houston roadways. Sometimes the accidents are caused because the driver is distracted or impaired. At other times they are the consequence of poor road or weather conditions. Most of the time, a wrongful death big rig crash results from driver error.
The dynamics surrounding an accident are so complicated and numerous that it would not be possible to list them all here. Although the causes of a crash are always important – here are the elements of a wrongful death claim in Texas!
Texas Wrongful Deaths Trucking Accident Lawsuits
The most common redress for victims and their families is through the civil court system. Even if the truck driver is charged criminally, having the defendant in jail, does not help the family who lost a loved one. Once the initial shock of a loss has passed – civil litigation- a lawsuit, may provide the only sense of justice and return to normalcy for injured parties. Not often is a truck company held accountable criminally.
Texas Wrongful Death Elements
First, was the death caused in part or totality by the defendant’s actions?
Second, was the death a result of negligence on behalf of a defendant?
Finally, has the death left immediate family members, spouse, children or parents?
Civil laws exist to ensure accountability and to provide monetary, I reparations to those who have been traumatized by losing a loved one. The damages in a Texas wrongful death truck accident relate to the damages to the surviving family.
How Long do Texas Wrongful Death Cases Last?
The general rule for how long a case lasts is that the more serious the damages, usually the longer the case can take when a commercial vehicle is involved. Because the loss of a family member is always a serious damage case, it is not unusual for wrongful death accidents to take several years to finalize. Quick settlements for wrongful death cases usually don’t happen unless the insurance policies are low in limits. In cases of lower limit insurance policies, and clear liability, and the insurance carrier will usually prefer to save the attorney’s fees and pay the claim.
What Damages are Available for a Wrongful Death Case in Texas?
Damages in Texas multiple deaths claims relate to the individual’s loss of their loved one. Each person’s damages are measured separately. Those available to pursuing wrongful death case in Texas are “heirs of the body.” Heirs of the body include spouses, children, and parents. Brothers and sisters are not proper claimants in the state of Texas for the wrongful death of their sibling.
A jury or a judge will value such things as loss of companionship, love, and society. Other things like loss of household services and money the decedent would have provided for the family member are taken into account. The closer the relationship between the family member and the loved one taken from them, the higher the damages usually are.
If you have questions about wrongful death claim, reach out to our law firm for a no-obligation consultation. Call us at 281-893-0760.
Contact the Texas Trucking Accident Attorneys
While no one can bring back your loved one, sometimes, civil justice is better than no justice.
We are lucky in America to be able to make use of the court system to hold a person or company accountable.
If you have lost a loved one in a big rig accident in Texas, call us for a FREE no-obligation consultation.