At Alford & Clark Injury Attorneys, we know that no amount of money can replace the life of your loved one. However, when you suffer a devastating loss as a result of another person’s negligence, you may want to seek compensation. The unexpected death of your relative killed in a traffic accident will no doubt affect several members of the family. But the state of Texas limits who may sue for wrongful death in court. Although you can never be truly compensated for your loss, the attorneys at Alford & Clark Injury Attorneys, we are here to help.

Who Can File a Wrongful Death Claim?

A wrongful death is a death that could have been prevented if the party at fault had used an appropriate level of care regarding your family member’s safety. The Lone Star state established the Texas Wrongful Death Act, which allows certain family members to sue for damages when a relative is wrongfully killed. Under the law, the family members that can file a claim include the parents of the deceased, a spouse, and children of the deceased, whether they are biological or adopted. These family members do not have to each file a lawsuit individually. One person can bring a suit on behalf of those who qualify. These beneficiaries can file a claim for compensation for mental anguish and suffering too.

Unfortunately, stepchildren that have not been adopted, grandparents, or unmarried romantic partners of the deceased are not legally able to file a wrongful death lawsuit in Texas.  

The National Highway Traffic Safety Administration estimates that drunk driving is responsible for approximately a third of all traffic fatalities. Just recently an 8-year-old girl was killed in an accident caused by a drunk driver in San Antonio.

If your loved one passed away in a crash caused by a drunk driver, this is not simply a statistic - it is your reality. Losing someone because of another person's irresponsible behavior behind the wheel is devastating. Many families grieving the loss of a loved one must also contend with massive medical bills and other financial losses as a result of the death. In Texas, a wrongful death claim may allow for the recovery of financial compensation for these losses.

What is a Wrongful Death?

Texas law defines wrongful death as “the death of an individual caused by the wrongful act, neglect, carelessness, unskillfulness, or default of another.” If another driver's illegal actions or negligent driving caused the crash that took your loved one's life, you may be able to file a claim and recover damages.

While large delivery trucks, construction supply trucks, and 18-wheeler big rigs are essential for helping our economies and communities get things done, these large vehicles carry objects that can cause life-changing injuries and fatalities when they fall off the truck into the road. One of the most common causes of truck accidents in Texas is shifting loads that cause a truck to lose balance, roll over, jackknife, or spill its content into the road. Cars driving next to and behind a truck can be crushed by falling objects, may run into the objects on the road, or may swerve to avoid falling objects and run into other cars and stationary objects on the side of the road. 

Strict federal and state guidelines proscribe the way that cargo must be loaded onto a truck to prevent load shifting. Every agent in the chain of transporting cargo is responsible for ensuring cargo guidelines are met - the loading company, the truck transportation company, and the driver are all essential for preventing load-shifting accidents. Unfortunately, all it takes is just one person having a bad day to overlook a potentially dangerous load, leading to disastrous consequences. 

How Do Trucking Injuries Cause Fatalities in Texas? 

Human bodies are fragile and can easily suffer fatal injuries in trucking accidents, even with significant advancements in vehicle safety technologies. Because trucks are so much larger than cars, colliding with a truck or its heavy, fast-moving contents simply leaves passengers in smaller vehicles with very little chance of surviving the serious injuries they sustain. Common truck accident injuries are categorized as either an impact injury or penetrating injury, and these include, but are not limited to: 

Losing a loved one can be devastating under any circumstances. It is even more upsetting when someone’s negligent or purposeful actions cause a loved one’s death. 

If you lost a family member, you may be able to file a wrongful death lawsuit against the party who caused the death. While no amount of money can replace your deceased loved one, filing a wrongful death suit can force the liable party to compensate you for a wide variety of losses, ranging from the decedent’s lost income to your emotional pain. One of our compassionate attorneys can help you decide whether pursuing a wrongful death claim will be possible or helpful for you. 

What is a Wrongful Death?

A wrongful death is one that could have been prevented had the responsible party been using an appropriate level of caution regarding your family member’s safety. Some wrongful deaths are also caused by intentional actions such as assault. Grounds for filing a wrongful death lawsuit may include: