Common Causes of Fatal Car Accidents
We are highly experienced in handling all types of legal claims following fatal auto accidents, including those resulting from:
- Distracted Driving
- Drowsy Driving
- Driving Under the Influence (DUI) of alcohol or drugs
- Reckless Driving
- Right Turns on Red
- Unprotected Left Turns
- Blind Turns
- Aggressive Driving or Road Rage
- Wrong Way Driving
- Teenager Drivers
- Drivers Over 65 years old
We understand that you may not know what caused the crash and why your loved one died in a car accident. To determine what happened and who is liable, you require an independent investigation of the accident. You should not rely on the police report, which involves minimal investigatory work, or an insurance company’s findings. An insurer is a major business most interested in protecting its bottom line, not you and your family’s interests. To have an independent investigation of the crash performed, you should contact our fatal car accident attorneys. We have years of experience of digging into car accidents and gathering a great deal of evidence to prove what happened and why.
Who Is Liable for a Fatal Car Crash?
When your loved one is killed in a car accident, you are going to want to know why and who is responsible. Through an in-depth investigation into the crash, we will find out what went wrong. In many cases, we find evidence that another driver was careless or reckless behind the wheel. The other driver may have been on their cell phone, driving while overly tired, or made a risky turn when they should have waited. This evidence points to who is directly at fault for the crash.
In a majority of circumstances, the at-fault driver is also legally liable for compensating your family for your losses. However, there are also circumstances in which another party is liable on the at-fault driver’s behalf. This is most common when your loved one was in an accident with someone who was working at the time. If an employee caused a fatal collision while on duty, their employer may be responsible for their actions. In this situation, we will help you pursue wrongful death compensation from the employing business.
By hiring a fatal car accident lawyer from Begum Law Group Injury Lawyers, you have an experienced and knowledgeable legal professional to gather and analyze evidence to determine who is liable for your loved one’s death. This is essential information if you wish to pursue a financial recovery for your family.
Texas Wrongful Death Law
The Texas wrongful death statute is found in Chapter 71 of the Texas Civil Practice and Remedies Code. It states, in Section 71.002, that a person may be liable for the damages arising from an individual’s death if that death was caused by the person’s wrongful act, neglect, carelessness, unskillfulness, or default. When this legal claim arises is further defined in Section 71.003, which states that you and your family may only have a cause of action if the individual who passed away would have had a personal injury claim had they survived their injuries.
If you are unsure of whether a wrongful death lawsuit is possible after losing a relative in a fatal car accident, do not hesitate to contact our fatal car accident attorneys. We will thoroughly investigate the crash and review the evidence to determine if another person’s negligence, recklessness, intentional misconduct, or failure to act caused your loved one’s death. If so, then we will discuss with you who may move forward with a wrongful death lawsuit and the compensation your family may recover.
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Pursuing a wrongful death car accident settlement
If you lost your spouse, parent, or child in a fatal accident that was caused by another person, then you can work with our fatal car accident lawyers to pursue compensation. Your financial recovery will depend on numerous factors, including each beneficiaries’ relationship with the deceased, your financial losses, and how egregious the at-fault party’s behavior was.
Depending on the circumstances, we may fight for you to receive compensation for:
- Funeral and burial expenses, if paid for by the surviving spouse, parents, or children
- Lost earnings
- Lost inheritance
- Lost household, parental, and spouse services
- Lost care, support, guidance, companionship and love
- Surviving family member’s mental anguish and emotional distress
To discuss the potential value of your family’s wrongful death claim, do not hesitate to call Begum Law Group Injury Lawyers. We will thoroughly review your claim and have an honest discussion with you regarding the maximum amount of compensation possible.
Who May Receive wrongful death compensation
Not all family members can receive compensation after deadly car crashes. Under Section 71.004, damages recovered through a wrongful death claim are for the exclusive benefit of the surviving spouse, children, or parents of the decedent. If you are one of these individuals, then you have the right to file a wrongful death claim in Texas. If your loved one left behind multiple beneficiaries, you may all file the claim together, or one of you may file on behalf of everyone.
Under Texas law, if none of the surviving beneficiaries file a wrongful death action within three months of your loved one’s death, then the administrator of the decedent’s estate can file the action. It is also important to note that Texas limits who can file a wrongful death claim and benefit. Siblings do not have the right to file a wrongful death lawsuit. Neither do aunts, uncles, cousins, distant relatives, or romantic partners.
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Addressing Comparative Negligence Claims in Texas
One factor that could reduce your wrongful death compensation is if your loved one is found to also have been negligent in causing the accident. In some wrongful death claims, the at-fault driver may argue that your relative was also careless or reckless behind the wheel. If a judge or jury agrees and finds your loved one was less than half at fault, you may still receive compensation, though it will be reduced by your loved one’s percentage of fault. If your relative is found to be 51 percent or more at fault, your family will not receive compensation.
Dealing With Insurance Companies During a Wrongful Death Claim
One of the most important reasons to hire a fatal car accident attorney is to represent you to an insurer. Auto insurance providers are major businesses and notoriously difficult to deal with. Their adjusters are there to research deadly car wrecks and then protect the company. These insurers also have teams of experienced lawyers to protect their bottom lines. Going up against an insurance company on your own is not only challenging, it also decreases your likelihood of obtaining the financial recovery your family truly deserves.
Insurers can be challenging to work with even when they are obeying the law. They may make demands for extensive and repetitive documentation in regard to the accident, your loved one’s injuries and death, and your financial losses. They will dig for a reason to deny your claim or limit the compensation you receive. They will look for any reason to blame your loved one for what happened. To deal with and conquer these issues, you should work with a highly experienced and aggressive attorney at Begum Law Group Injury Lawyers. We will not let an insurance adjuster make this experience any more difficult for you and your family.
Another issue that could arise is an insurer acting in bad faith. Under the law, insurers are required to work with claimants in good faith. Once they are aware of the crash, they must investigate the claim. If their policyholder is responsible for the accident and your loved one’s death, they are required to enter into negotiations with you in good faith. Unfortunately, many insurers go outside the law and fail to do this. By having an attorney on your side, you have someone who will immediately notice if an insurer is acting in bad faith and to address the situation. If the insurer fails to correct their misconduct, you may have an additional legal claim against the company.