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Understanding Texas Civil Law After a Fatal or
Catastrophic Injury Drunk Driver Collision by Texas
Lawyer Jason S. Coomer
Every year thousands of
Texans are killed or seriously injured by the negligence of drunk drivers,
intoxicated drivers, and drivers under the influence of
drugs or alcohol. Many of the people who are killed by
drunk and intoxicated drivers leave behind spouses,
parents, children, and other loved ones that are devastated
by their loss. This article is designed to provide
general information regarding Texas law to families that
have lost a loved one in a fatal drunk driver collision or
have had a loved one permanently injured through the
wrongful actions of a drunk driver. For specific
information on a particular case, it is important to contact
an experienced Texas lawyer familiar with fatal
accidents, catastrophic injury crashes, and drunk driver
collisions.
The Grieving Process: Aftermath of a Fatal
Collision
Losing a loved one is one of the most difficult
experiences that we can go through. This is
especially true when the loss is a result of a sudden,
accidental, unexpected or traumatic death. This sudden
loss can shatter the world as we know it and make us realize
that life is not always fair and leave us feeling shaken,
unsure and vulnerable.
The grief response following sudden loss is often
intensified because there is little to no opportunity to
prepare for the loss, say good-bye, finish unfinished
business or prepare for bereavement. Families and friends
are suddenly forced to face the loss of a loved one
instantaneously and without warning. This type of loss can
generate intense grief responses such as shock, anger,
guilt, sudden depression, despair, hopelessness, and
'complicated mourning'. Complicated mourning occurs when the
loss is perceived as sudden, preventable, or the victim is
young.
Along with the primary loss of the
person, families and loved ones may experience concurrent
crises and multiple secondary losses: lost income, loss of
home, loss of social status, loss of emotional support, loss
of financial support, loss of caretaker, loss of bill payer. The role the loved one held in
the family is gone. It takes time for the family to
reorganize. The family may be left feeling in a state of
perpetual disarray with a lingering sense of unease and
disorganization. Marital and other family relationships can
become strained. Additionally, there are other
immediate issues that can come up including dealing with funeral
arrangements, probate issues, medical expenses, pending
criminal charges against the drunk driver, and the loss of
income. These issues can often prevent a person from
seeking assistance in investigating and potentially filing a
wrongful death and survival action civil lawsuit against the
drunk driver.
Texas Fatal Injury
Law Suits and Claims: Texas Survival Action Claims, Texas
Insurance Claims, and
Texas Wrongful Death Claims (Be Aware of Potential 2 Year
Statutes of Limitation on some Claims)
Under Texas law, Parents,
Children, and Spouses of persons killed by drunk drivers
have potential wrongful death claims against the drunk
driver that killed their mother, father, husband, wife, son,
or daughter. Through these wrongful death lawsuits and
survival actions the relatives of a person killed by a drunk
driver can often recover from the drunk driver's insurance
company, the drunk driver, parent that provided alcohol to
minors that were driving, or the bar where the drunk was
drinking.
The Wrongful Death Claim
seeks money compensation for the parents, spouse and
children of the decedent based on a variety of factors
including:
- Loss of love, companionship, comfort, assistance,
protection, affection or care
- Loss of financial support
- Lost benefits, such as insurance, from the death
- Loss of inheritance from an untimely death
It is however important
to realize that there is a two year statute of limitation on
these wrongful death lawsuits. Though it is often
difficult to deal with the loss of a loved one immediately
after losing the person, it is extremely important not to
wait beyond two year to act or the cause of action may be
lost.
Also under Texas law, the
estate of the person that was killed has a potential claim
called a "survival action". The survival action are
claims for what the decedent would have recovered had the
person survived the accident. These claims travel through
the decedent's estate and either go to their heirs or
beneficiaries depending if the person had done any estate
planning. These damages include:
- Expenses associated with the death
including funeral costs
- Medical expenses prior to the death
- Pain and suffering associated with the untimely death
In addition to seeking compensation from defendants
responsible for the accidental death of a loved one,
insurance can often provide compensation for the loss of a
loved one. Accidental Death Policies, Life Insurance
Policies, Homeowners Insurance, General Commercial Insurance
Policies, UM policies, and Automobile Accident Liability
Policies are all types of insurance that can compensate
widows and Texas families for the accidental death of a
loved one in a drunk driver accident. Most insurance
policies must be triggered within a certain time of the
death or injury and will not be automatically triggered. A
formal demand typically must be made to trigger these
insurance policies.
The Grieving Process: Aftermath of a Catastrophic
Injury Collision (Statutes and Insurance Notice Deadlines)
In addition to losing a loved one, a catastrophic injury
caused by drunk driver collision can also shatter the world
of a family as we know it. Having a loved one suffer
severe brain damage, loss of use of their arms or legs,
suffering severe back injuries, or suffering multiple bone
fractures can create large medical expenses, the need for 24
hour in home nursing care, lost income, end of a career,
loss of a care taker, and many other damages that can
dramatically change a family's world.
Not only does the family have to deal with the loss of their
world, they also need to focus on preparing and rebuilding
their lives. In these situations, it can also be
difficult to find the time and energy to find a good Texas
lawyer that can assist the family in investigating and
potentially filing a catastrophic injury lawsuit.
Texas Catastrophic Injury
Law Suits and Claims: Texas Minors' Claims, Texas Parents'
Claims, and
Texas Insurance Claims
There are also several different types of compensation that
may be available under Texas law and insurance coverage to
people injured in a vehicle collision. One of the most
misunderstood claims in that of minors. When a minor
is severely injured in a collision both the minor and the
minor's parents or guardians may have claims under Texas law
for different types of damages. While the minor's
claims typically exist until two years after the minor's
18th birthday, the parent's claims for the medical expenses
typically only are viable for two years after the statute of
limitations. It is important to discuss these
potential claims and any other potential claims that may
exist under Texas law or insurance policies with an
experienced Texas lawyer that understands catastrophic
injury cases.
Avoiding Opportunists and Vultures
Unfortunately, after a fatal or catastrophic injury crash,
numerous unethical people will often contact families to
take advantage of the situation. From case runners
working for chiropractors and unethical lawyers to insurance
adjusters looking to avoid liability, families of those
killed or severely injured are too often the target of
opportunists that will start contacting a family after
collision. Most troubling are those that show up or
call after a collision.
In dealing with these opportunists, it is important not to
sign away any rights or give a recorded statement until you
have had the opportunity to speak with an experienced
catastrophic injury or fatal collision lawyer.
Boating and Driving Under the
Influence is against Texas Law
Driving on our roads is
a necessary risk we all have to take, but driving becomes
increasingly dangerous with drunk drivers are carelessly and
recklessly driving on our roads. In Texas, there are laws
against drunk driving and driving under the influence of
drugs or alcohol, but
too many drivers do not respect these laws and recklessly
drive causing many automobile collisions.
Under Texas law, a driver is considered
drunk or under the influence if they do not have the normal use of mental or physical faculties by reason of the introduction of
alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the
body or if they have a blood alcohol concentration of over .08. And
it is against Texas law for drunk drivers to operate motor
vehicles, water craft, and air craft. If the drunk
driver causes an automobile accident or boating accident
that causes serious injuries or death, they can be charged
under Texas law with intoxication assault or intoxication
manslaughter both serious felonies.
Texas Employer, Homeowner,
Fraternity, Bar & Night
Club Law Suits
Drunk Driver Automobile collisions can also
be caused by businesses, homeowners, employers, and fraternities that knowingly
serve patrons too much alcohol. This is especially
true if they are aware of the drunk driver driving under the
influence in the past and are supplying the drunk driver
with alcohol and/or a vehicle. There are also many bars, night
clubs, party hosts, and restaurants that promote excessive
drinking and serve customers
that have already drunk too much alcohol. Under Texas
law a bar, night club, or restaurant that serves a drunk
person alcohol can be held liable if they let that
intoxicated person drive and the intoxicated person causes a
serious or fatal automobile accident. For more
information on Texas Dram Shop lawsuits, go to our page on
Texas Dram
Shop Claims.
Texas Drunk Driver Lawsuits and Working with District
Attorneys to Investigate Drunk Driver Collisions for
Criminal and Civil Actions
Texas DWI Accident Lawyer Jason Coomer works with
district attorneys to make sure that drunk drivers that
cause serious accidents are prosecuted as well as seeks
compensation for the families that have lost loved ones due
to drunk drivers.
He has also worked hard to prevent future
fatal accidents and make sure that fatal accidents do not occur in the same
manner. Through his efforts, policies and safety regulations
throughout North America have been changed to make work
places safer. He has also worked hard to obtain compensation for those
left behind including reimbursement for medical bills,
funeral costs, lost future earnings, pain & suffering, and
other damages suffered.
Whether a person is accidentally killed by a
hazardous defect or the carelessness of another, individuals
often need assistance in dealing with and seeking just
compensation from insurance companies and large
corporations. Corporations that carelessly kill a person
will all too often spend a lot of money fighting the claim
instead of compensating the family for the loss and fixing
the problem.
Unfortunately, insurance companies are often the same way.
Having an experienced wrongful death attorney on your side
can force large corporations and insurance companies to do
the right thing and value life and safety above profits.
If you have lost a loved one and that
loved one was killed through the negligence of a drunk
driver, Jason Coomer is available
to review and investigate your potential wrongful death
claim.
Please feel free to e-mail Texas Drunk Driver Collision Lawyer Jason
Coomer with your name & contact
information, the name of the person that was killed, the
date the person was killed or injured, how the person was killed
or injured, and
who you think was responsible for the wrongful death or
collision.
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