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Drunk Driving Accidents, Premises Liability, Wrongful Death

What Happens After a Fatal Car Accident?

Posted by Trent Kelly on October 20, 2020
What Happens After a Fatal Car Accident?

The death of a loved one in a car accident can be mentally and financially devastating. However, it may leave family members of the deceased with the option of filing a wrongful death suit in Texas. 

 

A wrongful death action becomes an option when there is evidence showing that the negligent or reckless act of another person was the cause of a loved one’s death. This entitles certain members of the deceased’s family to compensation for the loss of their loved one.

 

Chapter 7 of the Texas Civil Practice and Remedies Code governs who may file this particular claim. These family members are limited to: 

 

  • The deceased’s spouse
  • The deceased’s children
  • The deceased’s parents

 

This includes adopted children and adoptive parents (and an executor or administrator where the qualified individuals have not filed a wrongful death action within three months following the death of the loved one). However, this means that siblings and grandparents are barred from filing a wrongful death lawsuit.  

Common Causes of Fatal Car Accidents 

Fatal car accidents can result from a range of causes, many of which can lead to liability of others for wrongful death. Some common causes of fatal car accidents in Texas in 2019 include: 

 

  • Driving under the influence – driving under the influence of drugs accounted for 218 deaths while driving under the influence of alcohol resulted in 441 deaths. Drunk driving has consistently been a top cause of deaths resulting from car accidents in Texas. 
  • Failure to control speed – this amounts to negligence in Texas and resulted in 450 deaths in Texas in 2019.
  • Unsafe speed – this refers to driving at a speed that is unsafe for current road conditions. In 2019, driving at unsafe speeds resulted in 366 fatal car accidents. 
  • Distracted driving – Also known as driver inattention, this led to 240 deaths in car accidents in the same year. 

 

Because you must prove that it was the wrongful conduct of another driver that resulted in your family member’s death, it is important to immediately hire a knowledgeable and skilled attorney so that you and your family can get the compensation you deserve. Navigating the world of personal injury and wrongful death can be confusing and daunting. A wrongful death attorney can guide you each step of the way and ensure you are not alone during this stressful time. 

 

The Austin Wrongful Death Lawyers at Terry & Kelly, PLLC, Can Help

The lawyers at Terry & Kelly, PLLC understand the stress and pain that comes with losing a loved one because of someone else’s negligence. Our skilled attorneys know what to focus on to bring you and your family justice and allow you to work on recovering after a devastating loss. As our client, we work directly with you and are available each time an issue arises. Your consultation will allow us to understand the facts of your case and determine whether legal action is appropriate. The initial consultation is always free, and you pay no fees unless we win. 

 

If your loved one has been killed in a car accident as a result of the wrongful conduct of another, call the lawyers at Terry & Kelly, PLLC at (512) 910-2000 or visit our website to request your free consultation today. 

 

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