Losing a loved one in a truck accident is devastating, and in Texas, families can take legal action if the crash resulted from someone else’s negligence. In some cases, that includes holding the trucking company accountable.
When does the truck driver cause the fatal crash?
If a truck driver acted carelessly, like speeding, driving while tired, or being under the influence, you may have grounds for a wrongful death claim. Because most drivers operate within the scope of their employment, the company can also be held responsible for the driver’s actions. This legal concept is called respondeat superior.
The key is showing that the driver caused the crash while doing their job for the company. If they acted intentionally or were off-duty, the situation may be different.
When is the trucking company directly at fault?
Sometimes the company’s own actions contribute to the crash. This could include hiring an unqualified driver, failing to maintain the truck, or encouraging drivers to break safety rules. In these situations, the company’s negligence becomes a direct cause of the wrongful death.
Texas law allows you to sue the trucking company not just for the driver’s behavior, but also for unsafe business practices that lead to fatal outcomes.
Who can file the lawsuit, and what damages are available?
The surviving spouse, children, and parents of the deceased have the right to file a wrongful death claim. If they don’t file within three months, the executor of the estate may pursue it instead. You may be able to recover damages for lost financial support, emotional pain, funeral costs, and the loss of companionship. In some cases, you can also seek punitive damages if the company acted with gross negligence.
A wrongful death claim won’t undo the loss, but it can hold the company accountable and provide support to those left behind. Understanding when you can file a wrongful death claim can help you seek justice during a painful time.The post When can a family sue a trucking company for a wrongful death? first appeared on Vice Henley and Dilbeck, PLLC.