When a car crash occurs that involves property damage and/or injuries, police and paramedics are dispatched to the scene followed by a tow truck driver. Tow truck drivers, like all others who are called to the scene of a collision, are considered first responders as they are often required to move disabled and damaged vehicles off the road to prevent it from causing another crash. Unfortunately, while in the process of tending to a driver whose vehicle was left immobilized after an accident, tow truck drivers are often involved in accidents of their own, many of which are fatal.
The truth is, a tow truck driver’s job carries a significant amount of risk with it. Many of the accidents that transpire involving tow truck operators are caused by motorists who aren’t paying attention or drivers who fail to move over a lane when a tow truck is preparing to move a disabled vehicle. And when driver error is responsible for taking the life of a tow truck driver, the motorist responsible for the accident can be held liable for their actions.
If a motorist in Dallas, TX was responsible for causing your loved one to suffer fatal injuries while performing his or her duties as a tow truck driver, you may be able to file a wrongful death lawsuit against the driver and recover damages.
Understanding Texas’ Law on Filing a Wrongful Death Lawsuit
According to Texas Statute 71.002, “A person is liable for damages arising from an injury that causes an individual’s death if the injury was caused by the person’s or his agent’s or servant’s wrongful act, neglect, carelessness, unskillfulness, or default.”Some of the damages that are often awarded in a wrongful death case include:
- Burial expenses
- Medical expenses if the victim first suffered injuries and then succumbed to those injuries.
- Pain and suffering
- Mental anguish
- Loss of consortium
You can speak with a skilled car accident lawyer in Dallas, TX to find out what other damages you might be entitled to collect.
What is the statute of limitations to file a wrongful death lawsuit in the state of Texas?
If your circumstances qualify you to file a wrongful death lawsuit, you will need to do so within two years from the date of your relative’s death. Although this might seem like a significant period of time, some individuals choose not to pursue another party until they have had time to grieve and/or accept their loss. While it can be difficult to file a lawsuit that will only bring up details surrounding your loved one’s death, if you fail to file a lawsuit within the statute of limitations, you risk losing your opportunity to collect damages and hold the driver liable for their negligent actions.
So, if you are ready to speak with an accident attorney in Dallas, TX who can further explain Texas’ wrongful death laws and what you need to do to initiate the lawsuit process, contact the Law Offices of Robert Gregg at 214-891-7536.
The Law Offices of Robert Gregg is located at:
2024 Commerce Street
Dallas, TX 75201