Every year, thousands of people lose their lives in fatal car accidents in Texas. The Texas Department of Transportation reported 4,283 deaths in 2023 – about one person every 2 hours 3 minutes. If you tragically lost a loved one in a deadly automobile accident, you and your family have legal rights. You can protect them with help from an Austin car accident attorney.
While any type of automobile accident could inflict catastrophic and critical injuries on those involved, certain types of accidents are statistically more likely to result in fatalities than others.
The most common types of fatal car accidents in Texas are:
In 2023, 1,090 people were killed in motor vehicle accidents where a driver was under the influence of alcohol. This equates to over one-fourth of the total number of traffic accident deaths in the state.
Driver error is the number one cause of deadly car accidents in Texas and throughout the country. Drivers can make careless and reckless decisions behind the wheel that result in fatal collisions, such as driving under the influence, speeding, running red lights and stop signs, texting while driving, and failing to yield the right-of-way.
A fatal car accident can inflict immense emotional pain on the victim’s surviving loved ones. It can also result in significant financial harm, especially if the victim was the family’s main breadwinner. Filing a wrongful death claim in Texas could result in financial compensation being given to help your family pay for related bills and hold someone accountable.
Texas Civil Practice and Remedies Code Section 71.002 states: “A person is liable for damages arising from an injury that causes an individual’s death if the injury was caused by the person’s or his agent’s or servant’s wrongful act, neglect, carelessness, unskillfulness, or default.” This law grants the right to file a wrongful death claim against a negligent or at-fault party after a fatal car accident.
It can be difficult to obtain the financial compensation that your family deserves after losing someone in a fatal car accident in Texas. Hiring a wrongful death attorney in Austin can allow you to have greater peace of mind while a law firm takes care of the legal process for you. An attorney can communicate and negotiate with car insurance companies on your family’s behalf to fight for a fair settlement. If necessary, your attorney can take your case to trial.
To discuss a specific car accident or wrongful death case with one of our Austin personal injury attorneys, request a free consultation at (512) 865-4817. We have more than 100 years of combined legal experience.
Losing a loved one in a car accident is devastating. After ensuring you have support from family and friends, consider consulting a fatal car accident lawyer who can help you understand your rights, gather evidence, and begin the process of filing a wrongful death claim to pursue compensation.
In Texas, only specific family members can file a wrongful death claim, including the spouse, children, and parents of the deceased. If none of these individuals file a claim within three months of the death, the executor or administrator of the deceased’s estate may be able to file on behalf of the family.
Damages in a wrongful death claim may include compensation for medical and funeral expenses, lost income, loss of companionship and support, mental anguish, and other financial and emotional losses. An experienced attorney can help you assess the full scope of your damages.
In Texas, the statute of limitations for wrongful death claims is generally two years from the date of the fatal accident. It’s crucial to file within this timeframe to preserve your right to seek compensation. A lawyer can help you take action promptly to avoid missing this deadline.
A fatal car accident lawyer can help you by investigating the accident, gathering evidence, assessing damages, negotiating with insurance companies, and representing you in court if necessary. Their goal is to pursue justice and secure the maximum compensation for your family’s loss.
The duration of a wrongful death case varies based on the complexity of the case and whether a settlement is reached or the case goes to trial. Simple cases may resolve in a few months, while more complex cases involving disputes may take longer. Your lawyer can give you a better estimate based on the specifics of your case.
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