Our roads should be safer since fewer people are driving during the pandemic. But wrongful death numbers from car and truck wrecks have skyrocketed here. North Texas just endured another tragic weekend with six fatality wrecks reported. Most were caused by hit-and-run drivers.
And we have not even gotten to the Thanksgiving-New Years holiday period when alcohol-fueled collisions skyrocket every year.
North Fort Worth
A man was crossing the street at Sylvania Street and 28th Street when a Sports Utility Vehicle ran the red light Friday at 11:30 o’clock p.m. and struck him. That driver and another SUV driver hit-and-ran.
A 58-year-old woman was struck and killed in the 9200 block of Forest Lane in Lake Highlands Saturday night around 10:30 o’clock p.m. The driver of a large white vehicle hit-and ran.
East Fort Worth
A woman was in a car accident and was lying in State Highway 121 in east Fort Worth Saturday when several vehicles ran over her and kept driving.
A man and woman on a motorcycle were involved in a collision on Interstate 45, then tumbled down an embankment. He died in a hospital and the passenger is reported as being in a critical condition. The other vehicle left the scene.
West Fort Worth
A 19-year-old man lost his life in the 7200 block of Camp Bowie Boulevard when he lost control of his vehicle and crashed into a metal pole early Friday morning. It is not clear if other vehicles were involved.
A go-kart packed with six kids ranging from age 7 to 12 was hit by a Sports Utility Vehicle at an intersection, causing two of the children to lose their lives. Four other children were seriously injured. The photograph above was posted by the local fire department. It is not clear why the go-kart was driving on a road, why so many kids were on it, or how the collision happened.
These stories are devastating. We wish to extend our condolences and prayers to the families of the deceased and the injured.
What is a wrongful death claim?
Texas law defines a wrongful death as one that results from the “wrongful act, neglect, carelessness, unskillfulness, or default” of another. It is a civil (not criminal) action that can arise after a vehicle collision.
The sudden end of a person’s life is often the worst experience their spouse and family can go through. There is no sum of money or punishment that can lessen the pain. The civil justice system allows the survivors to file a lawsuit or make an insurance claim to recoup their damages.
However there are many legal, financial, medical, religious, and emotional issues that need to be dealt with.
Damages that are available
Texas law allows certain family members and heirs to recover damages they or the decedent incurred. They include the following:
- Physical pain and emotional distress;
- Medical and funeral bills;
- Loss of wages and job benefits;
- Loss of support, love, maintenance, society, and advice; and
- Loss of inheritance
Amount of money that can be paid
Usually the at-fault driver has purchased the standard liability insurance policy which caps the payment to one person at $30,000.00. In a clear liability case, the at-fault driver’s company will extend that amount and the services of a car accident lawyer are not needed. We have provided our services on a pro bono (at no charge) basis to help families with questions in this situation.
Sometimes there are legal issues including the
- involvement of other drivers,
- liability of employers if they were on the job,
- existence of other insurance policies or assets, and
- payment of hospital, health insurance, Medicare, Medicaid, and other liens.
If a commercial truck driver caused the wrongful death, this case is much more complicated and a personal injury attorney is required. The insurance policy and assets of the company and all participants need to be verified and all damages provided by Texas and federal law need to be obtained.
Why do we have so many wrongful death collisions here?
Texas is always ranked as one of the most dangerous places to drive. We have the number one ranking for fatalities on our highways.
Texas just passed a gruesome milestone last week. Every day for the last 20 years, there has been at least one traffic fatality on our roads.
And six Texas cities rank in the top 13 in the U.S. for the most traffic fatalities. The list is headed by Dallas.
We can help you
Berenson Injury Law has represented families in wrongful death cases for over 40 years.
If you have any questions, call us at 817-885-8000 (toll-free at 1-885-801-8585) or click on this link to chat with us.