The sudden and unexpected loss of a beloved family member can wreak emotional havoc on your family. It can also have a detrimental effect on your family’s finances. Your family can seek financial recovery by filing a wrongful death case. Our Houston truck accident lawyer can help your family navigate this challenging legal matter.
The sooner you contact a lawyer, the more time they have to investigate your family’s loss and build a strong wrongful death case on your behalf. We can also explain how Houston fatal truck accident facts may clarify how common these accidents are.
Many of the Nation’s Fatal Truck Accidents Occur in Texas
According to National Highway Traffic Safety Administration (NHTSA) statistics, the state of Texas saw 4,965 truck accident fatalities in 2020. NHTSA research also cites the following statistics:
- 116 occupants of large trucks passed away
- 460 occupants of smaller vehicles were fatally struck
- 50 or more fatalities occurred among non-vehicle occupants
A Houston lawyer from our firm can help families that lost a loved one in a fatal accident.
Texas Law Could Make It Hard to Seek Compensation From Trucking Companies
Truck accidents can stem from negligence from one or multiple at-fault parties. Typically, you must prove the at-fault party’s negligence to seek financial compensation. When you seek compensation after an accident, your lawyer will work hard to identify all potentially liable parties which can include:
- The truck driver as operator/owner
- The trucking company
- Truck or parts manufacturers
- Cargo loading facilities
- Truck repair and maintenance providers
Texas House Bill 19, passed on June 16, 2021, and effective on September 1, 2021, makes it more challenging to hold trucking companies liable for your recoverable damages. The lawyer who handles your case can explain how this new law applies to your situation.
You Are Entitled to Recover Economic and Non-Economic Damages in Fatal Truck Accident Cases
Recovering from the loss of a loved one and building a case for personal injury compensation both take time. Building your family’s case also takes attention to detail. While you focus on helping your family through a difficult and emotional time, your lawyer can get to work on your case.
According to Texas Civil Practice and Remedies Code § 41.001, your family can recover damages including:
- Economic damages such as lost earning capacity
- Non-economic damages including mental and emotional anguish, loss of consortium, and loss of companionship and society
Nothing can atone for the sudden loss of your loved one. If a truck accident caused your loved one’s fatal injury, your lawyer can fight for fair compensation on your behalf.
You Won’t Have Forever to File Your Houston Truck Accident Lawsuit
A Houston truck accident case has a state-mandated filing deadline that must be adhered to. In general, Texas Civil Practice and Remedies Code § 16.003 limits the filing of wrongful death lawsuits to two years. Failure to file your lawsuit within the allotted time could mean you are unable to file it at all.
Either outcome could result in your family’s loss of any legal remedies that compel the at-fault party to compensate you. After a fatal 18-wheeler accident, your lawyer will ensure you file your lawsuit on time and that your right to recover damages is not at risk.
Getting started on your case early has other benefits, as well. It gives your legal team more time to collect evidence, speak to witnesses, and complete paperwork.
Leading Causes of Fatal Truck Accidents in Houston, TX
Fatal truck accidents have a variety of causes involving multiple negligent parties. Federal Motor Carrier Safety Administration (FMCSA) research cites the following causes of truck accidents:
- Driving while distracted or fatigued
- Inattention to the road and weather conditions
- Driving under the influence of drugs or alcohol
- Speeding and driving too fast for the conditions
- Failure to appropriately train drivers
- Flawed or faulty truck maintenance
- Hours-of-service violations
The lawyer who handles your truck accident case will prove its cause and document the at-fault party’s negligence and financial liability. They will handle evidence collection and every aspect of your case including negotiating a fair and appropriate financial settlement.
Let’s insert a Houston settlement: When a company truck veered into a work zone in North Houston a young father and husband were hit and killed. Domingo Garcia was hired and aggressively pursued a lawsuit for the family. The insurance company agreed to pay the family $3,250,000 to settle the case less than one year after the tragic incident.
Get Your Free Truck Accident Consultation
Founded 35 years ago, Domingo Garcia commits to pursuing compensation for the surviving families of truck accident fatalities. Our law firm will review the details of your case and explain Houston’s fatal truck accident facts that apply to your family’s situation. Contact a consultation team member today to learn more about how hard our truck accident lawyer will fight for you. We offer free initial consultations.