A three-vehicle crash on I-45 near W. Gulf Bank Road in Houston, Texas over the weekend left one driver deceased. According to initial reports, a Mustang was traveling down the freeway and driving erratically. The driver reportedly lost control of the vehicle and swerved into the service lane. Along the way, he slammed into two other vehicles before flipping over.
The driver of the Mustang was the individual who lost their life. Police are still investigating what happened, but they have not released any details as to what motivated the individual to drive recklessly.
This recent crash is part of a worrisome trend. Traffic reports indicate that traffic fatalities have increased an unacceptable 27% from 2019 to 2021 in Texas. This statistic is part of a larger situation that is occurring across the entire country. While it remains to be seen what is causing this rise, many traffic experts attribute them to an increase in risky driving behaviors.
Some Accidents Can’t be Avoided
Most of us recognize that driving is inherently risky, but danger can usually be minimized through safe driving behaviors, vigilance, wearing a seatbelt, and following traffic laws. Unfortunately, driving can still be dangerous regardless of how much caution someone takes behind the wheel.
If you lost a loved one in a car accident, the financial windfall can be overwhelming. For one, you will no longer be able to rely on that person’s financial support, not to mention burial costs, estate fees, and more. Compensation may be available for these losses and more through a wrongful death claim.
What Are Wrongful Death Claims?
A wrongful death claim arises when one person loses their life as a result of someone else’s negligence, which is defined by law as a failure to reasonably protect another person’s safety by avoiding foreseeable accidents.
When a driver engages in reckless driving, they are negligently failing to uphold their duty of care. Under Texas law, this negligence could serve as the basis for a wrongful death claim if it leads to the loss of life.
Keep in mind, though, that the surviving family members will bear the burden of proving their claims in civil court. No one will automatically be awarded compensation after a fatal auto accident. Those surviving relatives will need to pursue the compensation they are owed through a wrongful death claim.
What Damages Can You Obtain through a Wrongful Death Claim?
Here are a few common losses you can seek compensation for in a wrongful death claim:
- Burial costs
- Medical bills incurred by the decedent prior to their passing
- Property damages
- Loss of financial support of the decedent was the breadwinner in their household
- Pain and suffering of the decedent before their passing
- Emotional trauma, including loss of consortium
Depending on your situation, you might also be awarded additional compensation in the form of punitive damages. These awards are provided in rare cases where the responsible party was overly negligent or acted with careless disregard for your loved one’s life.
Steps to Take if You Plan to Pursue a Legal Claim
If you believe you may have the basis for a claim after losing your loved one in a car accident, your first step should be to secure an accident report in Houston. Next, reach out to an experienced lawyer who can help you determine how to move forward in your situation.
Do You Have More Legal Questions?
Fatal traffic accidents can wreak havoc on the lives of the deceased’s surviving relatives. Not only will these individuals no longer be able to financially rely on that person, but they may also need to cover financial losses in the form of burial costs, medical costs, property damage, and more.
The good news is that those surviving relatives may have legal recourse through a wrongful death claim.
Have more questions about wrongful death claims following car accidents? Consider scheduling a consultation with our office to learn more about your legal rights, options for recovery, and our services.
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