Our economy depends on large trucks to move goods. If you latterly bought something from a grocery or appliance store, it likely got there via truck. However, the prevalence of those large vehicles has negative consequences as well—serious traffic accidents. Fatal truck accidents are a part of the truth during which we live. These fatal accidents not only end a life prematurely, they often leave the bereaved with a litany of problems, including emotional trauma, medical bills, loss of income, and an unsure financial future. Of course, many of us will explore legal avenues to get relief for themselves and their families.
What is a death Lawsuit?
A death lawsuit could also be appropriate any time someone’s negligence led to the death of a beloved . due to this, a lawsuit may potentially be filed following truck accidents also as other automobile accidents, slip-and-falls, construction accidents, and the other casualty caused by negligence. death lawsuits have a statute of limitations in Texas. Under the Texas death statute, an individual has only 2 years to file a death claim from the date of the death unless it meets one among the exceptions:
- The plaintiff of the death lawsuit may be a minor child.
- Negligence of the named defendants wasn’t known during that 2-year period.
- A mental or physical impairment of the plaintiff prevented filing during the 2-year period.
- Fraud.
What sorts of Damages during a death Lawsuit?
There are two broad categories of damages that the surviving spouse, child, or parents of the deceased could also be entitled to receive. the primary category helps you recover damages that the deceased could also be owed from the instant of their death that resulted from a negligent act. this might be medical expenses, funeral expenses, pain and suffering for the deceased, lost wages, and funeral and burial expenses.
The second broad category deals with the losses that the survivors incurred as a results of the death . this might include lost earning capacity, lost support and care, mental and emotional pain and suffering, loss of comfort and companionship, and lost inheritance.
Additionally, Texas death claims can also award punitive damages . punitive damages have the goal of creating an example out of the defendant. punitive damages could also be recovered if the death was caused by a willful act or omission, or as a results of gross negligence.
Who are often Held Liable during a Texas 18 Wheeler Accident?
One of the primary things a truck accident attorney will do after a truck-related death accident occurs is conduct an in-depth investigation to work out which parties contributed to the collision. Unlike in accidents involving passenger vehicles, liability for truck accidents are often shared by a good range of parties:
Truck Drivers
Perhaps the foremost obvious entities which will hold responsibility for 18 wheeler collisions are truck drivers themselves. Like all other drivers, those that operate commercial vehicles are required to abide by public safety laws like speed limits. When reckless, distracted, or otherwise negligent driving is that the clear cause for a collision, truck drivers are often held liable for damages.
An 18 wheeler accident attorney within the Arlington, Dallas and Fort Worth area can assist you gather evidence from sources like eyewitness accounts, police reports, and trucker activity logs to work out if the teamster involved in your accident could also be liable.
Trucking Companies
As employers, trucking companies have some liability for the actions of their drivers and therefore the equipment they placed on the road. In some cases, companies are often held responsible for hiring drivers with infractions on their records or failing to uphold adequate training and safety protocols. In other instances, failure to properly maintain equipment may result during a company having to pay damages.
Truck Manufacturers
Some 18 wheeler accidents are often traced back to manufacturing failures, like defective or faulty parts. Tire blowouts and break failures, for instance , can have catastrophic outcomes within the context of a busy roadway.
When defective parts are the results of a manufacturer’s negligence, instead of an owner’s failure to take care of them, product liability lawsuits can hold these entities responsible. Speaking with a truck accident lawyer is that the fastest thanks to determine if the circumstances of your accident may warrant a product liability claim.
Government Agencies and Contractors
Government agencies and therefore the contractors they employ share responsibility for maintaining the security of public roadways in Texas. If hazards like soft shoulders, potholes, or cracked pavement are often identified as causes of an 18 wheeler accident, these agencies could also be required to pay damages.
Talk to a Truck Accident Attorney Today!
If a beloved has been killed during a truck or automobile accident, negligence may or might not be the cause. Since evidence can disappear over time, it’s important to talk with an experienced truck accident attorney as soon as possible following the accident. An attorney can collaborate with accident reconstruction experts to work out whether negligence was an element and work on your behalf to recover fair compensation for your financial losses.
Call our law offices today at any of our convenient locations and get a free consultation.
- Arlington (817) 522-4451
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- Grapevine (817) 835-8677
- Irving (972) 354-4610
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