Fatal Accidents

Fatal accidents can be a huge strain both emotionally and financially on family members who have to deal with the aftermath. One of the only legitimate ways to get help during this difficult time is to contact an accident attorney and file a lawsuit on behalf of the deceased person with the lawyer’s help. Driver kills a pedestrian on Gulf Freeway in Houston The Houston police reported that they were investigating a fatal accident on the outer lanes of the Gulf Freeway service road. The crash happened at around noon in front of a liquor store, and it involved one car and a pedestrian who was killed at the scene. Photos revealed that the car involved in the accident had severe damage to its front panel. Police advised that they had blocked the outbound feeder roads during the investigation and told drivers to avoid the area. No information was published about possible traffic citations or criminal charges being filed against the driver. Texas wrongful death laws Like all other states, Texas has its own rules for filing a lawsuit on behalf of someone who has died. Generally, wrongful death lawsuits consider things like the victim’s age, earning potential, and the conduct of the defendant that led to the accident to determine a monetary judgment. Certain surviving family members can be compensated relative to the person’s future lost wages, medical and funeral expenses, and the pain and suffering caused by the incident. Texas law allows this kind of case to be filed in addition to any criminal charges brought by local prosecutors. The person’s spouse, children, or parents may file the claim jointly or as individuals. However, siblings and other family members are barred from making this claim on their behalf. There is also a two year statute of limitations, which means the lawsuit needs to be filed shortly after the person dies. How does insurance affect this process? In a situation like the story above, the driver will likely have insurance coverage for a certain amount of liability. The insurance carrier may pay out enough damages to cover the victim’s claim, but there are also policy limits on coverage for most drivers. If the driver is found to be at fault for the accident, they may be personally liable for amounts in excess of their policy coverage. If the driver is found to be criminally liable, the insurance company may possibly refuse to pay out any amount at all. There also may be other circumstances where an insurance company believes that the defendant’s actions are egregious enough to fall outside of their coverage. An experienced accident attorney will know how to get the most compensation possible from either the defendant, their insurance company, or both of them. Get legal help immediately after an accident If you have been injured in any kind of accident in the Houston area, there are expert lawyers available to speak with you about the possibility of filing a lawsuit. Blizzard Law offers a free case review after all kinds of accidents.