Traffic accidents are common in and around the Austin area. However, when crashes keep happening in the same locations, it is only natural for residents to become concerned and want the city to make changes for increased safety. A recent deadly accident at the intersection of Colfax and North Imperial Drive has led to such concerns and calls for change.
In November, a 24-year-old man was driving a Dodge Ram east on Colfax when he hit a Honda Accord. Reports indicate the following:
The 24-year-old driver was arrested at the scene for undisclosed reasons.
Residents in the neighborhood state that they have seen too many accidents happen near this intersection in the past couple of years, with two accidents happening on the same day – including the above tragic crash. There were fatalities earlier this year, as well, according to neighbors.
Residents told reporters that there are no traffic signals or speed bumps by that intersection and that many people fail to obey the 30 miles per hour speed limit. People also do not properly look before they take turns, and speeding cars can often collide.
Texas law provides rights for families who suddenly lose a loved one in a serious accident. Since a deceased person cannot file a personal injury claim, surviving family members can file a claim for wrongful death. “Wrongful death” in Texas is a death that occurs due to the “wrongful act, neglect, carelessness, unskillfulness, or default” of another person or party.
When another driver is negligent and causes a fatal car accident, the fatalities are considered to be wrongful deaths.
The following are family members who might be able to file a wrongful death claim:
All parties may file claims together or separately. They can seek damages for the lost financial support of the deceased, lost services, companionship, and love, lost inheritance, mental anguish, and more.
In order to recover for wrongful death, family members must prove liability for an accident. Because the driver was arrested after the above-mentioned crash, it can be easier to prove that the driver violated the law, especially if he is convicted of a crime such as drunk driving. In addition, however, cities might be held accountable for failing to address hazardous stretches of road that increase the risks of dangerous crashes.
At the law firm of Terry & Kelly, PLLC, we represent clients who have lost a family member in a tragic accident. We can handle the wrongful death legal process so your family can focus on your emotional healing. Call (512)-910-2000 or contact us online for a free consultation to learn how an Austin wrongful death attorney can assist you.
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