Two cars in a wreck

Fatal Car Accident Lawsuits in Texas

Frederick K. Wilson II July 3, 2019

The sudden death of a loved one can leave a family feeling vulnerable and helpless. It is no surprise then that many families want to scramble for justice after a loved one dies through no fault of their own, especially in the case of vehicle accidents.

Many times deaths that were caused by some type of accident cannot be tried in a criminal court, but they can be tried in a civil court through a wrongful death lawsuit. Unlike criminal cases, wrongful death suits allow surviving family members to seek justice and financial compensation from the person or people who caused their loved one to lose their life.

Jumping into a wrongful death suit is not always possible, though. To insurance companies and the law, a fatal car accident does not always equal a wrongful death. Frederick K. Wilson II is an experienced personal injury attorney who can help you decipher what is a wrongful death and what is not. Call his offices today or continue reading to get a better understanding of the confusing world that is personal injury law. 

What Constitutes a Wrongful Death Lawsuit? 

Even when there is a death caused by a car accident, it does not mean that there are automatic grounds for a wrongful death suit. There are many factors that play into a wrongful death. It varies from state to state, but overall there are similar key factors.

In Texas, a wrongful death suit can only be brought if the “wrongful act, neglect, carelessness, unskillfulness, or default” of the offending party caused the death of the victim. For example, if a fatal car accident occurred because the offending party was texting, that situation may be eligible for a wrongful death claim. 

Now, an example of a situation that may not be eligible for a wrongful death claim could be if the victim fell asleep at the wheel and drifted into another lane of traffic. Of course, both of these situations are hypothetical, and to know for sure if you are eligible to file a claim, you would need to talk to a trusted personal injury attorney in your state. 

Texas Car Accident Statistics

The Texas Department of Transportation (TxDOT) tracks vehicle accidents to be able to accurately create statistics. Their most recent set of statistics are from 2017. According to them, there was one person killed every 2 hours and 21 minutes in reported car accidents. Even though this seems like a lot, and it is, there was a 2.86% decrease in overall fatalities from 2016.

The most important finding in these statistics is the fact that there has been a decrease in fatalities. There are many possible reasons for this, including safer laws, community activists, and families holding those responsible accountable. If you loved one’s death was classified as a wrongful death, you have every right to seek justice, and you should. 

Finding a Houston Wrongful Death Attorney

When you are considering a wrongful death claim, it is important to have an attorney you trust. Since not all fatal accidents qualify for wrongful death claims, you will need an attorney who you feel comfortable with and one who will be honest with you about whether or not your case could result in a successful claim. 

Frederick K. Wilson II is an attorney who has fought for his clients time and time again. Working in Houston and Sugar Land, Texas he is able to serve those in each city and in surrounding areas. If you believe that you might have a wrongful death suit on your hands, contact Mr. Wilson for more information.