The size and weight of a commercial truck can cause serious injuries to a driver and/or passenger in a vehicle. Unfortunately, a trucking accident can cause fatalities. The government regulates the trucking industry to prevent fatalities in accident because of issues like impairment, fatigue and distraction. However, they do occur.
What is a Wrongful Death Claim?
A wrongful death is a type of personal injury claim that seeks damages from a wrongful party for causing the untimely death of a person. A wrongful party may be a trucking company or truck driver. An “untimely death” refers to a wrongful party doing something or not doing something to shorten a person’s life.
A family member can seek the help of a Trucking Accident Lawyer Dallas to obtain damages. The term “damages” refers to the accident-related expenses caused by the trucking accident. These accident-related expenses include medical bills, funeral expenses and lost wages.
Ways to Pursue a Wrongful Death Claim in Texas
The first way to pursue a wrongful death claim according to Texas Wrongful Death Act. The law allows certain family members to sue for a loved one’s death that was caused by a truck accident. The truck accident must have been caused by someone other than the loved one. For instance, the wrongful party must be the truck driver, truck manufacturer or trucking company.
Only children, parents or the surviving spouse can file a wrongful death claim under the Texas Wrongful Death Act. The relative can sue for damages they experienced because of the loss of their loved one such as loss of companionship. They can’t sue for the injuries the loved one suffered in the truck accident.
The second option is filing a survival claim under the Texas Survival Statute. This law allows for the person over the estate of loved one to file a personal injury claim. This wrongful death lawsuit is filed on behalf of the loved one for the pain and suffering they experienced prior to dying in the truck accident.
Types of Damages Available in a Wrongful Death Claim
In a truck accident wrongful death, a family member can seek damages connected to their loved one’s death. For instance, they can sue for loss of parental services. Loss of inheritance is another type of damage they can sue for in a wrongful death claim. Expenses associated with therapy, mental anguish and loss of advice and counsel are other types of expenses connected to the loss of a loved one. Punitive damages may also be available in certain wrongful death claim based on whether the truck accident was done intentionally or with gross negligence.
Contacting a Lawyer about a Fatal Trucking Accident in Texas
A loved one killed in a trucking accident in Texas can’t obtain financial justice from the wrongful party. However, a family member can sue on behalf of their loved one. It’s important to contact a truck accident lawyer to understand more about filing a claim against the responsible, wrongful party.