The Complexity of Fatal Auto Accident Litigation

Few claims of wrongful deaths are simple. In some situations, family members may not understand whether their loved one’s death is eligible to file a wrongful death civil legal action. Note that a legal action is a kind of wrongful death civil claim, which means it may bring a legal action for wrongful death, regardless of the presence or absence of criminal charges against those liable. By way of example, say that the driver is driving recklessly and accidentally struck a pedestrian in a crosswalk. The pedestrian was mortally wounded in the accident. In all likelihood, the driver would be not charged in the death because it is very probably the case that the driver did not mean to kill pedestrians. However, the driver was careless, which means that the family members of the pedestrian might sue the wrongful death civil legal action against the driver, despite the absence of criminal charges. But even if charges are brought, the family members may still sue in civil court. If in the example above, the driver was drunk, they would very probably face some sort of indictment in the death of the victim such as intoxication manslaughter, perhaps. Even if the driver is tried and convicted of these sorts of charges, the family members may still sue for wrongful death civil.

Under Texas law, four conditions must be fulfilled for an applicant to have a legitimate wrongful death trial:
The plaintiff in the civil wrongful death proceedings has suffered a kind of economic damage was the cause of by the death of the victim
The victim was killed in fatal auto accidents that were caused in whole or in part by the actions or inactions of another party or parties
The party (parties) liable for the accident must have behaved carelessly at the time of the accident
Some of the survivors or loved ones are beneficiaries who deserve to apply for either the survival of any damage or wrongful death damages

In some situations, there may be caps on the amount of damages that the plaintiff may recover with a combination of civil wrongful death. In other claims, a higher standard of proof is needed for the pursuit of a wrongful death suit. Plaintiffs will face similar challenges in wrongful death lawsuits where it happens on the job such as a fatal auto accident suffered while on the job. In these sorts of claims they have to fight the workers’ comp system. If your loved ones’ employer has workers’ compensation at the time of the accident, the amount you may recover will be extremely low compared to general wrongful death claims. In these sorts of situations, frequently, our law office looks for third parties who were also liable for your loved one’s death and files claims against them. And if our firm can show that your employer has been grossly negligence, the cap imposed by workers’ compensation does not apply. However, it is an extremely strict standard of proof. Our Texas fatal auto accident attorneys understand how to pursue what is needed in these sorts of claims. As you see, these sorts of claims are frequently much more complex than they seem at first sight – and thats even before any legal opposition is even considered. It is the kind of trial that you must have a proven Texas fatal auto accidents attorney on your side. Laymen may sometimes bring their own personal injury lawsuits in certain situations. However, the filing of a wrongful death without further extensive legal experience is a recipe for failure. These sorts of claims are extremely complex and technical, and you need aid from a proven lawyer to make sure that those liable for your loved one’s death will be held to account. Allow our Texas fatal auto accident attorneys to make sure that your family members legal rights are preserved.

Seguin Truck Accident Attorneys

Did you know that accidents involving trucks may be more common than you realize? They often cause devastating personal injuries, if not death. According to the United States Department of Transportation, every 16 minutes, a person is killed or sustains injuries in accidents involving 18-wheelers, tractor-trailers, or semi-trucks in and around Seguin. The difference in size, velocity, visibility fields, and braking abilities of trucks and cars result in greater injuries to the car’s occupants. Truck driving accidents occur due to aggressive or unwise driving by cars (despite the greater risk to the car occupants); pressure on truck drivers to complete runs in insufficient time; truck equipment failure due to overuse, poor maintenance, or other defects; speeding or tailgating; faulty blind spot mirrors; and overloading of a truck leading to jackknifing or overturning. See our google screened profile link.

If you are a truck driver injured while driving for your employer, you will have to file a worker’s compensation claim with your employer as soon as possible after the accident. Your employer’s workers’ compensation insurer should pay for your medical treatment regardless of whether you or the other driver was at fault. If someone else was responsible for the accident, you may be able to sue them for your personal injuries, but your worker’s compensation carrier will be entitled to subrogation (meaning, the insurance company will recover the money it paid for your treatment from the personal injury settlement you receive from the negligent driver. ) There are personal injury attorneys who specialize in workers compensation work, and you should definitely contact such an attorney if you are making a workers compensation claim and do not feel your claim is being handled fully or fairly.

On the other hand, if the car driver isn’t at fault (and isn’t driving in the course and scope of his or her own employment, the car driver can sue the truck driver, the driver’s employer, the owner of the truck, and any other party potentially at fault for a dangerous condition in the truck-related to the accident. Like any other negligence case, the car driver has to prove that the truck driver caused the accident and the accident caused damages to the car and its occupants. The damages portion of a personal injury claim against a truck driver is rarely a problem, as injuries are usually quite significant. However, proving fault is just as tricky as other auto accidents. Both drivers usually argue the other caused or contributed to the accident, except in the most obvious cases. Depending on the law of the state in which the personal injury plaintiff files suit, some fault on the plaintiff’s part may diminish or bar recovery. Our Google website link

It is important that you contact a personal injury attorney right away after an accident involving a truck driver, as there are more factors at play than in the average car-on-car accident. There are federal regulations that control many aspects of truck driving and truck safety; you need a personal injury attorney with prior experience with the trucking industry. These accidents also often involve more forensic evidence and demand an immediate investigation. For example, the truck’s black box should contain important evidence on the truck’s speed, recent braking activity, airbag use, etc. It is critical that this evidence is identified and preserved immediately, as most black boxes store information for only a short period of time. Important evidence can easily be lost (or intentionally destroyed) if your personal injury attorney doesn’t act quickly.