Truck Accident and Wrongful Death
Losing a loved one is a situation that nobody can emotionally prepare for. Even though money can never bring a loved one back, pursuing compensation can help cover costs during stressful situations and hold the negligent party accountable.
Let alone, both truck accidents and wrongful death claims in Texas are intricate, necessitating compassionate legal help to ensure justice and adequate compensation.
At Rodman Law Office, I have the ability to provide the compassionate legal guidance you need during life's toughest times. You're not alone—reach out, so I can give you the help you need.
Understanding Truck Accidents in Texas
Truck accidents in Austin, Texas, and beyond are a significant portion of vehicular incidents leading to severe injuries and fatalities. Trucks, especially 18-wheelers and semi-trucks, due to their size and weight, pose unique dangers on the road. These dangers are exacerbated by factors such as blind spots, driver fatigue, improper loading, and insufficient vehicle maintenance.
The aftermath of a truck accident requires a deep understanding of both state and federal regulations. Notably, the Federal Motor Carrier Safety Regulations govern trucking operations, while Texas state laws detail vehicular accidents and personal injury claims.
Key considerations include:
Statute of Limitations in Texas:
Personal Injury: 2 years from the date of the accident.
Property Damage: 2 years from the date of the accident.
Wrongful Death: 2 years from the date of the deceased's death.
Truck Accident Laws in Texas:
Comparative Fault: Texas follows a modified comparative fault rule, meaning compensation is reduced by your percentage of fault, and if you are more than 50% at fault, you cannot recover damages.
Federal Motor Carrier Safety Administration (FMCSA) Regulations: These regulations cover hours of service, maintenance requirements, and qualifications for drivers.
Texas Size and Weight Regulations: These laws limit the size and weight of trucks operating within the state to ensure safety.
Distracted Driving Laws: Texas has strict laws against texting and driving, which apply to all drivers, including truck drivers.
DUI Laws: Texas enforces strict DUI laws, with commercial drivers facing even stricter blood alcohol content (BAC) limits than regular drivers.
Who Can Be Held Liable for a Truck Accident Wrongful Death Situation?
In the aftermath of a wrongful death caused by a truck accident, several parties can be potentially held liable. Determining liability is crucial for the affected families to seek justice and compensation. Here are some entities that might be accountable:
The truck driver: If their negligence, such as driving under the influence, fatigue, or breaking traffic laws, led to the accident.
The trucking company: Often held responsible especially if the accident was due to inadequate training, improper vehicle maintenance, or violating safety regulations.
The truck manufacturer: They could be liable if a vehicle defect caused the accident.
Cargo loaders or shippers: If the loading of the truck’s cargo was improper, leading to an imbalance or shift that caused the accident.
Maintenance providers: If the lack of proper vehicle maintenance or repair contributed to the accident.
Other negligent drivers: Sometimes, other vehicles involved in the truck accident can also share a part of the liability.
The Complex Landscape of Wrongful Death Claims
Wrongful death claims provide a vital legal remedy for families who have lost a loved one due to negligence—ranging from a truck accident to other tragic circumstances. Under Texas law, immediate family members, including spouses, children, and parents, are entitled to seek compensation for their immense loss.
These claims can cover:
Emotional anguish suffered by the family.
Financial instability due to the loss of support.
Medical expenses incurred prior to the death.
Funeral and burial expenses.
Importantly, Texas law distinguishes between wrongful death claims and survival claims. Survival claims allow for the recovery of damages that the deceased could have pursued if they had survived. This includes compensation for:
The pain and suffering experienced by the deceased before their untimely death.
Medical expenses related to the fatal injury or illness.
Punitive damages, if applicable, to punish the wrongful behavior.
Both wrongful death and survival claims serve to address the different facets of loss and accountability following a tragic event.
Legal Support and Representation
The intersection of truck accident litigation and wrongful death claims requires a legal advisor who is not only versed in the many details of Texas law but who possesses the empathy to handle sensitive and devastating losses.
Securing the right legal representation can offer a beacon of hope and a path toward justice and financial stability for those reeling from the aftermath of a truck accident or wrongful death.
At Rodman Law Office, my dedication extends beyond the courtroom. I commit to understanding each client's unique story, navigating the complex legal process, and advocating tirelessly for the rights and compensation our clients deserve.
Why Choose Rodman Law Office?
At Rodman Law Office, I blend the expertise from handling both truck accident cases and wrongful death claims to provide comprehensive and compassionate legal services.
For over three decades, I have stood beside victims and their families, guiding them through their darkest hours with professionalism and care. Schedule a consultation for compassionate legal guidance.