The unexpected loss of a loved one in an accident can leave your family reeling. Unfortunately, it can also leave you in sudden financial turmoil. At Domingo Garcia, we understand nothing can atone for the loss your family has experienced. However, we also know your family is entitled to compensation from the at-fault party, and we are committed to recovering it for you.
Our Dallas fatal truck accident lawyer will build your family’s compensation case. While we do, you can focus on taking care of each other.
Our Fatal Truck Accident Lawyer Can You Help Recover Compensation in Dallas
If your loved one suffered a fatal injury due to a truck accident, our client-focused team would stop at nothing to obtain the best possible compensation for you. However, many steps are involved in the financial recovery process after a truck accident fatality.
When our Dallas wrongful death lawyer represents your family, we do all of the following in furtherance of your case:
- Investigate every aspect of the accident.
- Collect supporting evidence and documents.
- Locate and interview lay and expert witnesses.
- Collect photos and video footage if available.
- Review the police report and your loved one’s medical records.
- Handle communication with the at-fault party and their insurer.
- File an insurance claim or lawsuit on your family’s behalf.
Our firm was founded 35 years ago and is passionate about helping families recover compensation from negligent parties. We handle the negotiation process on your behalf and will not hesitate to represent you in court if we cannot reach a favorable settlement.
Compensation Your Family Can Recover After a Fatal Truck Accident
According to Texas Civil Practice and Remedies Code § 71.004, the decedent’s parents, spouse, and children can recover wrongful death compensation. Your family could recover the compensation your loved one would have received in a personal injury action.
Additionally, recoverable wrongful death damages can include the following:
- Lost earning capacity and inheritance
- Lost care, maintenance, and services
- Lost support, advice, and counsel
- The surviving family’s mental pain and anguish
- Lost love, companionship, comfort, and society
Our familiarity with personal injury and insurance law means we understand all the compensation Texas law allows your family to recover. In addition, our history of recovering damages for the families we represent includes an $8,750,000 settlement after a fatal truck accident. Compensation amounts can vary significantly in fatal accident cases, so we work hard to assign an accurate value to your claim.
Time Is an Important Factor in Your Dallas Fatal Truck Accident Lawsuit
Most fatal truck accident cases resolve with an out-of-court settlement. However, sometimes, it’s necessary to file a wrongful death lawsuit. Texas Civil Practice and Remedies Code § 16.003 establishes a two-year deadline for filing wrongful death lawsuits.
However, in addition to complying with the statute of limitations, your family has three months to file a lawsuit. Otherwise, an executor or administrator of the estate must file this legal action.
Finally, various factors can toll — or pause — the statute of limitations. If any of these affect your potential Dallas lawsuit, our fatal truck accident lawyer will be sure to file your case on time.
Potentially Liable Parties Our Fatal Truck Accident Lawyer Will Pursue
Truck accident cases can become complicated since they can entitle you to compensation from multiple at-fault parties. When our law firm takes on your case, we do not shy away from pursuing recovery from all liable parties, which can include the following:
- The truck driver
- The truck’s owner
- The cargo loader
- The truck manufacturer
- The parts manufacturer
On your own, it can be challenging to prove the financial liability of one or more of these parties. So instead, let our law firm conduct a comprehensive investigation and gather supporting evidence.
Evidence We Collect to Prove the Cause and Cost of the Fatal Accident
Building your case file usually starts with the truck accident report, which typically contains the following information:
- Contact information (e.g., names and phone numbers)
- Vehicle positions
- Points of impact
- Apparent injuries
- Accident fatalities
- Witness statements
- Notes and diagrams
Other information we collect on your behalf can include photos and video footage from dashcams, traffic cameras, and smartphones. We also consult trucking industry experts and accident scene reconstructionists. Finally, we gather the evidence you might have a difficult time obtaining, such as:
- Blood alcohol test results
- Driver logbook reports
- Driver training records
- Truck repair records
- Truck maintenance records
- Salary history records
We also collect evidence your family might find emotionally challenging, including your loved one’s medical records and death certificate.
Elements that Prove the At-Fault Party’s Negligence and Liability
Like all civil lawsuits, your family’s depends on proving the negligence of the at-fault party in causing your family member’s death. Our legal team handles this task for you by documenting the following elements of negligence:
- Duty: The at-fault party owed your loved one a duty of care to drive safely, correctly load and balance cargo, or ensure the truck was in proper working order.
- Breach: The at-fault party failed to meet their legal obligation by driving erratically, loading cargo unsafely, or properly maintaining the truck.
- Causation: The improperly loaded cargo shifted unexpectedly, causing the driver to swerve into the path of your car.
- Damages: Your family incurred financial expenses and losses because of your loved one’s death.
Our fatal truck accident attorney will prove these elements with your evidence file and use it to steer your case toward a favorable outcome.
Get Help Recovering Damages for Your Family Now
Is your family coping with the loss of a loved one in a recent truck accident? If so, you have our deepest condolences. Once you’re ready, our team at Domingo Garcia will help you build a solid case for financial recovery from the at-fault parties. We will explain your family’s rights and the complicated process of recovering compensation.
Contact one of our team members today and learn more about how hard our Dallas fatal truck accident lawyer will work for you.