Did you lose a loved one in a fatal truck accident in Texas? When you are forced to mourn the loss of a spouse, child, or other relative because of a negligent truck driver or other motorist, call our experienced fatal truck accident lawyers.
Trucking accidents are far more complex and contentious than the typical car crash. By retaining a lawyer, you have someone to thoroughly investigate the deadly truck wreck, gather evidence, hire experts, and pursue compensation on your family’s behalf.
Deadly accidents are often the result of:
*The outcome of any individual case depends on factors unique to that case. Past case results listed on this website do not guarantee or predict a similar result in any similar or future case.
In 2018, Texas experienced 536 fatal commercial motor vehicle accidents, which resulted in 611 fatalities, according to the Texas Department of Transportation. The year before, There were 513 fatal CMV accidents resulting in 602 deaths.
Two significant questions arise after a fatal truck wreck: What happened and who is responsible?
Once you retain a fatal truck accident attorney, you have someone to investigate the cause of the crash thoroughly. We will gather and review photos, videos, eyewitness statements, and other evidence. We also will take steps, such as sending a Preservation of Evidence Letter to the other parties, to protect potentially important evidence like the truck itself.
We may have the truck inspected by an independent mechanic or engineer. We also will demand a copy of the data from the truck’s data record—its “black box.” We leave no stone unturned in pursuit of evidence.
We also will hire an accident reconstructionist to recreate the collision and identify the underlying causes. This expert can be integral to understanding what happened and why and identifying who is responsible.
Liability is legal responsibility for a collision and the resulting injuries and fatalities. Once your fatal truck accident lawyers are aware of the underlying cause or causes of the crash, we can determine which party was negligent.
Negligence is a failure to uphold a duty of care, which causes another person harm. Truck drivers, trucking companies, manufacturers, and other parties involved in the trucking industry are responsible for maintaining a certain standard of care. When one of these parties acts carelessly or recklessly and directly causes a serious or fatal trucking collision, then that party is negligent.
However, the negligent party may not be the one and only liable party. Under various legal theories, another party may also be legally responsible for your loved one’s death. For example, the truck driver may have been negligent and caused the fatal truck accident. However, if that truck driver is an employee of a business, then the business also may be liable for your compensation.
It is important to work with an experienced fatal truck accident attorney Alexander Begum to determine who was negligent and who is liable for the fatal wreck. You may need to pursue a wrongful death lawsuit against more than one person or business.
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The party liable for a fatal truck accident in Texas may be:
When a relative is killed in a truck accident in Texas, it is important to talk with a fatal truck accident lawyer about your legal options. You may be entitled to pursue a wrongful death claim under Texas law.
If your loved one would have been entitled to pursue a personal injury claim if they had lived, then a surviving spouse, children, and/or parents of the decedent are entitled to wrongful death compensation. Any of these relatives can file the wrongful death lawsuit, or the personal representative of the decedent’s estate can do so on the family’s behalf.
Through a wrongful death claim, you and your relatives are entitled to actual damages, including:
You have two years from the date of your loved one’s passing to file a wrongful death lawsuit. You should talk with a fatal truck accident lawyer right away about the filing deadline and whether any exceptions apply to your circumstances.
In Texas, there is a difference between a wrongful death and survival action. A wrongful death lawsuit is based on your and your relative’s injuries. A survival action is based on the harm your loved one suffered between the time of the truck accident and their death.
If your relative initially survived the trucking accident, they had a personal injury cause of action. This cause of action does not disappear if your loved one passed away weeks or months later from their truck accident injuries. The personal representative of your relative’s estate can continue to pursue the personal injury claim and compensation.