According to reporting from Fox San Antonio, a three car accident on Interstate thirty five, north of San Antonio, left one person dead. The accident occurred around three in afternoon on September 16th in the town of Schertz, Texas. Highway authorities reported that the accident was triggered when a car crashed into a work truck parked on the shoulder of the highway. A third car then crashed into the original impact. The Schertz Police Department is still investigating the accident.
Wrongful Death in a Texas Car Accident
Any death in a car accident is tragic and incredibly painful for the loved ones of the victim. It is even more painful if the accident was caused by the negligent actions of another party. It is heartbreaking to lose someone in an accident that could have been prevented with appropriate care. In Texas, the state’s Wrongful Death Act provides legal options for close relatives of the victim. In order to bring a successful wrongful death claim for a Texas car accident, there are four baseline requirements:
- You must be either the spouse, parent or child of the victim;
- You must establish that the victim would have been eligible to sue, if they had survived the accident;
- You must prove that the other party was negligent
- You must prove that the other party’s negligence was the cause of the victim’s death
Proving Negligence in a Wrongful Death Case
In Texas negligence has four elements:
- Breach of duty;
- Causation; and
The first element, duty, means that the defendant owed what is known as a ‘duty of care’ to the victim.
The specifics on what a duty of care entails are highly dependent on the facts of the case. It essentially means that you must prove that the defendant had an obligation to keep the victim safe, or at least had an obligation to avoid harming the victim. When it comes to a car accident, all drivers owe a duty of care to everyone else on the road. A duty of care is very easy to establish in a car accident lawsuit. A driver is legally responsible for reasonably safe driving. If a driver fails to live up to this legal duty by speeding, then they meet the second element of negligence. That driver’s speeding is a breach of the duty of care. Once a breach is established, that breach must be connected to the accident. Breaching the duty and speeding, only matters, if it in some way partially caused the accident that led to the death. Finally, if you can prove duty, breach and causation, you must also prove all of your damages. This is necessary so you can recover full compensation. If you have any questions about negligence in car accidents, an experienced car attorney can help.
Contact Experienced San Antonio Wrongful Death Attorney
It is difficult to think about lawsuits after losing a loved one, we understand that no amount of compensation will ever be able to adequately make up for your loss. But, it is absolutely crucial that you speak to an attorney as soon as possible. You must ensure that your legal options are fully protected. At the Law offices of Ronald A. Ramos we have experience handling car accident wrongful death claims and will do everything possible to seek justice on behalf of the victims. Please do not hesitate to contact our office today for a free consultation.