Finding the right lawyer, after a fatal big rig truck accident is the first step toward protecting your family’s financial future.
There is nothing more painful than the loss of a family member. When a loved one dies because someone else was negligent, the pain is even worse. When it is a truck driver who violated the safety regulations or a trucking company choosing profits over safety, the pain can turn to anger quickly.
Attorney Greg Baumgartner has been fighting for Texas families in truck accident wrongful death cases for over three decades and has a track record of winning second to none. Please view our results page for some of our recent truck wreck wins.
Truck Accident Wrongful Death Statistics in Texas
In the most recent statistics available, the Texas Department of Transportation indicates that 584 people were killed and commercial vehicle crashes last year within the state.
Additionally, thousands of other Texas families have been devastated due to serious injuries from an 18 wheeler accident.
What is a Wrongful Death Claim?
Texas provides a remedy for the loss of a loved one called a wrongful death claim. The wrongful death statute allows surviving family members to bring a lawsuit for their damages in the loss of the family member.
Each family member owns their wrongful death claim.
Who Can Bring a Wrongful Death Lawsuit in Texas?
Texas law provides that a spouse, children, and parents of a deceased can bring a wrongful death lawsuit. Brothers and sisters are precluded from bringing a wrongful death case in Texas.
The law in Texas also provides a remedy for the estate of the deceased to recover medical expenses, funeral expenses and also for the pain and suffering of the decedent before his or her death. A survivorship claim is a separate claim from a wrongful death claim. If the victim lived for a period after the accident, a wrongful death attorney would bring both a wrongful death lawsuit and a survival claim in the same case.
Who Can Be Liable in a Trucking Accident for Wrongful Death
If a truck driver was at fault and cause the accident, the truck driver and the trucking company which is known as a “motor carrier” are the defendants usually named in a wrongful death lawsuit. Others might be responsible in whole or part if their actions participated in causing the accident or the wrongful death.
Examples of potential defendants:
- The truck driver
- The motor carrier
- The maintenance company for the big rig
- Other motorists involved in the accident
- A company that loaded the truck
Insurance Coverage for Wrongful Death Truck Accidents
Trucking companies are required to carry a minimum commercial policy of $750,000 by the Federal Motor Carrier Safety Regulations. Generally, the motor carrier carries a minimum of one million dollars of coverage and often, multiple layers of excess coverage above the primary policy.
Put our Truck Accident Law Team On Your Side
We have been fighting for Texas family’s financial future after a commercial vehicle crash for over three decades. Our track record of results in trucking cases speaks for itself.
In addition to being nationally recognized, in truck accident litigation, attorney Greg Baumgartner limits the number of cases he handles in order to provide the best available service to our clients.