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Midland Texas Wrongful Death LawyerThere are many accidents that are caused by another party’s negligence where the victim does not survive their injuries. In these tragic circumstances, the victim’s survivors can pursue legal action against that party or parties who are responsible for the death. A wrongful death lawsuit can be critical in helping secure financial stability for the victim’s family.

What Is a Wrongful Death Lawsuit?

Wrongful death lawsuits allow survivors of victims who die as a result of the negligence or wrongdoing of another person to recover monetary damages from the person legally liable for the death. Under the Texas Wrongful Death Act, the law says that if a victim is killed due to another party’s wrongful act, negligence, or any other act that breaches a party’s duty to exercise reasonable care, that party can be held financially liable.

Under the law, a wrongful death lawsuit can only be filed by surviving spouse, the children, and the parents of the victim. A lawsuit can also be filed by a representative for the victim’s estate.

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Austin Holiday Season Car Accident LawyerDecember has arrived, and along with it comes the hustle and bustle of the holiday season. Unfortunately, so many people are so focused on getting ready and celebrating the holidays that they sometimes overlook safe driving behaviors, putting themselves and everyone around them at risk of car accident injuries. Although there are many reasons why car accidents occur, this time of the year often sees an increase in aggressive driving accidents and alcohol-related crashes.

Aggressive Driving

If you find yourself wondering if drivers are just more impatient and aggressive this time of year, rest assured it is not your imagination. They are. Road rage and aggressive driving increases during the holiday season. In one study, researchers looked at data that was collected from 10 major cities during the Thanksgiving holiday weekend to determine how much aggressive events on the road increase during holidays. Aggressive events included acts of speeding, rapid acceleration, and hard braking. The study found that the number of these events spiked an alarming 20 percent more on a holiday weekend compared to other times of the year. At the very minimum, these aggressive acts result in a 40 percent increase in more fuel used. At the worst, these acts result in the deaths and injuries of thousands of victims each year.

Alcohol-Related Crashes

The holiday season also means lots of social gatherings and festivities. Often, alcohol is served at these events. Despite all the warnings and education, many drivers still get behind the wheel of their vehicle after they have been drinking. There are more than 10,000 victims killed each year in drunk driving accidents. Another 300,000 are left seriously injured.

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Austin, TX Truck Accident LawyerTruck accident cases are one of the most complex personal injury cases that victims can pursue. One reason is that there is often more than one at-fault party that may be legally liable for the losses the victim suffers because of their injuries. For example, in a trucking accident caused by a truck driver who was speeding and unable to stop in time, the current laws say that not only would the truck driver be liable for the victim’s damages, but the trucking company that employs the driver would also be legally responsible. That law, however, changes as of September 1.

Texas House Bill 19

Under the new law, truck driver liability is now separate from any liability of the trucking company. Truck accident lawsuits will now be required to go through a bifurcated trial process. This means there will be two parts to a victim’s pursuit of damages. The first part of any action is only against the truck driver where the liability of the truck driver will need to be proven. If the victim is successful in proving the driver’s liability, the next step is determining what the victim’s compensatory damages are. Compensatory damages include actual damages, such as medical expenses and loss of income, and general damages, such as pain and suffering, emotional trauma, scarring, and disfigurement. The trucking company is not included in this first part of the victim’s lawsuit.

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Austin TX truck accident lawyerUnfortunately, the Lone Star State leads the country in fatal commercial truck accidents. In 2018 alone, over 600 individuals lost their lives in crashes involving large trucks in Texas. If your loved one was killed in a commercial truck wreck, it is important to know your legal options. You may be able to hold the trucking company or other liable parties accountable for your tragic loss and recover monetary damages through a truck crash injury lawsuit.

Who is Legally Responsible for My Loved One’s Death?

Many truck crashes are preventable. Distracted driving including using a cellphone while driving, fatigued driving, speeding, and driver inattention are just some of the causes of truck crashes. Truck wrecks may also be caused by inadequate truck maintenance, faulty truck parts, improper loading and securement of truck cargo, and more. If your loved one died because of another party’s careless or irresponsible actions, it is understandable that you want to hold that party accountable. The liable party in a truck wreck may be the:

  • Owner of the truck

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Austin,TX personal injury attorney Everyone who is on the road or drives a vehicle has a responsibility to operate that vehicle in a safe manner. When a person does not drive in a safe manner, they endanger themselves and everyone else on the road. Driving while intoxicated (DWI) is highly irresponsible and can end up being extremely dangerous. According to the National Highway Traffic Safety Administration (NHTSA), there were more than 10,000 people who died from a motor vehicle accident involving a drunk driver, and many more injured. These accidents are typically severe and can result in serious injuries to those who were involved. If you have been in an accident with a driver who was intoxicated, you may be able to claim compensation for your injuries and losses.

What is Negligence in a Drunk Driving Accident?

The key to successfully claiming any sort of compensation after a drunk driving accident is proving that the other driver was negligent. In Texas, recovering compensation requires proof of “gross negligence,” which is defined as an action or failure to act that involves an “extreme degree of risk,” when considering the potential consequences and severity of harm to others. Gross negligence can also refer to an action or failure to act when the person has awareness of the risk involved, yet continues the action or failure to act, knowing it will interfere with the rights, safety, and/or wellbeing of others.

Typically proving negligence in a drunk driving accident is fairly easy. A person driving or operating a vehicle while they are intoxicated is committing gross negligence, as they could not operate the vehicle safely in the state they were in.

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