San Antonio Couple Killed In Out of State Truck Accident
Earlier this month, a San Antonio couple was visiting relatives in Iowa when they were tragically killed in an accident with a large commercial truck. The cause of the accident is still being investigated by the Iowa state highway authorities. For a variety of reasons, large commercial trucks are involved in disproportionate number of serious accidents. On average, 350 people are killed each year in trucking accidents in the state of Texas. Losing a loved one in an accident is devastating, especially when the accident was caused by the preventable negligence of another party.
Proving Wrongful Death In A Truck Accident
Commercial trucking companies are often very large, and they carry insurance coverage from well staffed insurance companies. In the case of a wrongful death, they are typically not willing to pay the victim their rightful full and fair compensation. Truck operations are driven by profit and they have the are insured by large insurance companies who specialize in claim denial and the minimization of liability. An experienced trucking accident attorney can help level the playing field. A qualified attorney understands how to deal with the insurance company and how to build a successful legal case. A winning wrongful death lawsuit begins with collecting and analyzing every bit of evidence from the accident. This includes:
- Statements from all relevant witnesses;
- Detailed medical records;
- Testimony from any relevant expert;
- Collection of all police and accident reports,
- Any possible existing video footage.
That initial evidence builds the foundation for any truck accident case, but it is far from all that is necessary to prove liability and collect damages. The big insurance companies will fight you hard every step of the way. An attorney experienced in eighteen wheeler accidents will also collect and analyze all of the second level evidence that could be relevant to your case. This includes:
- All of the trucking company’s driving records and files;
- The road record of the driver and vehicle involved in the accident;
- The maintenance and repair record of the vehicle involved in the accident;
- Analysis of any state or federal regulations the company may have violated;
- A full examination of the vehicle for any defects which may have led to the crash.
Damages for Wrongful Death In A Texas Truck Accident
In Texas, three different categories of damages are recoverable in a wrongful death lawsuit:
- Economic damages: This includes all medical expenses, costs incurred, lost wages and any other monetary cost sustained.
- Noneconomic damages: This includes all intangible losses, such as pain and suffering, mental pain or loss of love and companionship.
- Exemplary damages: If the truck accident was caused by the gross negligence, you may be entitled to additional compensation. This is a higher standard of negligence in which the company could be more harshly punished for their especially bad actions.
Unfortunately, truck accidents remain a serious national problem. If you or a loved one was involved in an accident with a truck, an experienced attorney can help. Contact us today so we can answer your questions and discuss your options.