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You may initially feel shocked if someone you knew and loved died in (or because of) a truck accident. Eventually, though, the grief and loss you feel grow into something else. You want justice for what happened. If someone else caused all of this pain and suffering, it makes sense that they would pay for what they did. When you file a wrongful death lawsuit in Texas, you claim damages against the party who legally caused your loved one’s death.
In Harris County alone, there were 6,416 accidents on the road involving commercial vehicles in 2019, causing 37 deaths. (1) According to the National Safety Council, 5,005 large trucks were involved in fatal crashes in 2019.
Accidents involving large trucks tend to injure the other vehicle’s driver more often than the truck occupant. If a truck driver or company acted negligently, causing the deadly accident, you have every right to sue for damages and hold them accountable for the devastation.
Who Can File a Wrongful Death Suit?
If you are a surviving spouse, child, or parent of the deceased, you may file a wrongful death suit in Texas. If none of the family files the lawsuit and you are the executor or administrator for the estate, you can file a claim as soon as three months after the death unless the family asks you not to bring the case.
What are the Grounds for a Successful Wrongful Death Suit?
Many wrongful death suits involve truck drivers acting in negligence. If the truck driver acted wrongfully, with neglect, carelessness, or unskillfulness, then the driver or the company employing the driver could be personally liable for damages.
Drivers of commercial vehicles often drive more hours than federal law allows. Federal law mandates that truck drivers only drive a certain number of hours per 7 or 8 day period. The law specifies they can drive a certain number of hours at a time and there are mandated hours that they are not to drive commercially.
These rules keep truckers and other vehicles safe. When a trucking company asks a driver to drive more than their allotted hours, this is inexcusable. If the driver chooses to comply with orders, he also breaks the law and endangers others.
If you can prove a negligent act such as driving when on a mandated break, you can make a successful case for wrongful death. Other negligent acts could include:
- Omitting turn signals
- Going over the speed limit
- On the road with knowingly faulty equipment
Determining Damages
When someone dies because of another’s fault, it is hard to put the amount owed into an exact amount. Who can value the life of another with mere money? However, in a wrongful death suit, the court attempts to pay the loved ones for the harm they suffered because of the accident and death. ‘Actual’ damages include money awarded by the court for the actual harm that you suffered. This could be money for the:
- Lost wages of the deceased
- Pain and suffering
- Medical expenses
- Burial expenses
When someone causes death by a “wilful act, willful omission, or gross negligence,” you may also get another type of damages called ‘exemplary’ damages. The court awards these damages in addition to ‘actual’ damages.
How Much Can I Expect?
According to CNBC, “The average verdict size for a lawsuit above $1 million involving a truck crash has increased nearly 1,000% from 2010 to 2018, rising from $2.3 million to $22.3 million.” For more minor suits, the settlement amount is incredibly variable depending on the actual and exemplary circumstances of the case. The most commonly cited factors for the cases that won significant damages were:
- hours-of-service violations
- lack of clean driving history
- fatigue (2)
According to FindLaw, relevant factors for the amount of damages awarded include the nature of the accident or injury that caused the death. The damages awards also depend upon the victim’s:
- Age and health at death
- Earning capacity (if the victim was supporting a spouse or young children)
- Medical bills
- Protracted suffering before death
We Can Help
If you’ve suffered the loss of a loved one due to a truck driver or company’s negligence, contact our experienced personal injury attorneys at Jarrett Law. We tirelessly work to find the best strategy to bring you just compensation for your loss, pain, and suffering and to bring about justice for what has happened. We understand how the law works in Texas and which types of cases bring about a large settlement. If you are unsure about your next steps, contact us today and find out how we can help. A free initial consultation may help you see the path forward more clearly.