Unfortunately, it is not expected that loss of life resulting from semi-truck accidents will end in the foreseeable future. There are a few news stories about truck drivers sent to jail after the wrongful death truck accident that kills an innocent victim. But, most of the time, it is up to an 18-wheeler accident lawyer to hold the truck driver and his company accountable.
Wrongful deaths that result from a collision with semi-truck driver are a modern-day dilemma – and reality on Houston roadways. Sometimes the accidents are caused because the big rig driver is distracted or maybe even impaired. At other times truck wrecks are the consequence of speed, 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 an issue in a personal injury case – here are the elements of a wrongful death lawsuit.
The most common redress for victims and their families is through the civil court system. Once the initial shock of a loss has passed – litigation may provide the only sense of justice and return to normalcy for family. Not often is a truck company or a truck driver held accountable criminally, and even when they are, it does not financially help the family.
Elements of a Wrongful Death Claim in Texas
Some conditions which must exist for a wrongful death lawsuit to go forward- here they are for Texas.
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 surviving immediate family members being a 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 individual damages to the surviving family.
While no one can bring back your loved one, sometimes, civil justice is the only recourse a family has after losing a loved one.
It is up to the family to choose to make use of the court system to hold a person or company accountable.
What to do After a Fatal 18-Wheeler Crash
As soon as possible after a crash with a semi-truck, the family should research attorneys to find the best attorney for their case. Often, others may have recommendations, but it is always best to do your own research about lawyers before you sign contracts with any attorney.
While you can always change attorneys, it complicates the case and you may find yourself in a situation of having to pay 2 different lawyers. If you check out the lawyer before signing up, the odds of being satisfied with the results can improve.
If you wait too long to choose an attorney, important evidence can be lost. The sooner you retain the right lawyer, the better chance of getting all the evidence to prove your case.
While every family member is free to choose their own lawyer, somtimes it reduces costs if several choose the same law firm.
Contact a Wrongful Death Big Rig Accident Attorney
If you have lost a loved one in a big rig accident in Texas, call us for a no-obligation consultation. We have been helping families after 18-wheeler accidents for over 35 years.