A fatal truck crash can raise questions that are difficult to answer. Your family may need to know why the crash happened, whether the trucking company contributed to it, and who has the right to bring a claim. A Dallas, TX, fatal truck accident lawyer can investigate those issues and explain your legal options.
Omega Law Group Accident & Injury Attorneys has represented clients since 2016. We offer free consultations and handle cases on a contingency-fee basis, so you don’t have to pay attorney fees unless we recover compensation for you.
If your family member died in a collision with an 18-wheeler, semi-truck, delivery truck, or another commercial vehicle, contact our Dallas truck accident lawyers. We can review your case and discuss whether a wrongful death or survival claim may apply.
What We Investigate After a Fatal Truck Accident
Determining fault in a commercial truck crash often requires evidence from several sources. The driver’s conduct is one part of the investigation, but the trucking company, the vehicle’s condition, the cargo, and other parties may also need to be examined.
Our Dallas personal injury lawyers may investigate:
- How the truck driver was operating the vehicle before the collision.
- Whether driver fatigue, distraction, impairment, or speeding contributed to the crash.
- Whether the carrier complied with applicable driver qualification and safety requirements.
- Whether the truck was properly inspected, maintained, and repaired.
- Whether cargo was loaded and secured properly.
- Whether a vehicle or component failed.
- Whether another company or driver contributed to the collision.
The evidence determines which claims can be supported. We do not assume responsibility rests with one party simply because that party appears on the crash report.
Liability for Deadly Truck Crashes
A commercial trucking operation can involve multiple businesses. Depending on how the truck was owned, operated, maintained, and loaded, more than one party may be legally responsible.
The Truck Driver
A driver may be liable when negligent driving causes a fatal collision. Examples can include speeding, unsafe lane changes, distraction, impairment, or driving while fatigued.
The Motor Carrier
A trucking company may face liability for its own negligent conduct when supported by the evidence. That can include unsafe hiring, training, supervision, vehicle maintenance, or other practices.
The carrier may also be responsible for certain conduct of an employee acting within the course and duties of employment.
Other Businesses
A maintenance provider, cargo-loading company, manufacturer, vehicle owner, or another business may be held responsible if its conduct contributed to the crash.
A fatal truck accident attorney in Dallas can examine the relationships among these parties and identify the defendants supported by the facts.
Who Can Bring a Texas Wrongful Death Claim?
Texas law provides that a wrongful death action is for the benefit of the deceased person’s surviving spouse, children, and parents. One or more of those individuals may file on behalf of all eligible beneficiaries.
If none of those family members begins the action within three calendar months after the death, the executor or administrator generally must bring the claim unless all eligible family members request otherwise.
Each eligible family member may have different losses. We evaluate those losses individually when preparing a wrongful death claim.
What is the Difference Between Wrongful Death and a Survival Action?
A wrongful death action and a survival action address different harms after a fatal collision.
Wrongful death claims focus on losses suffered by eligible surviving family members because of the death. Survival actions preserve a personal injury claim that the deceased person could have pursued if death had not occurred.
A survival action may involve losses such as:
- Medical expenses related to the final injuries.
- Conscious physical pain and suffering before death, when supported by the evidence.
- Other damages the deceased person could have pursued under the circumstances.
The right party to pursue a survival action depends on Texas law and the administration of the deceased person’s estate. Our Dallas fatal truck accident attorneys can determine which claims may apply and who is authorized to pursue them.
Compensation Available in a Dallas Wrongful Death Claim
Texas law permits eligible family members to seek compensation for losses resulting from a wrongful death. The damages available depend on the relationship between the claimant and the deceased person as well as the evidence supporting the loss.
Compensation may include:
- Lost earning capacity and financial contributions.
- Loss of care, maintenance, support, services, advice, and counsel.
- Loss of companionship and society.
- Mental anguish.
- Loss of inheritance when it can be established through the evidence.
Texas law may also permit exemplary damages in a wrongful death case involving a willful act or omission or gross negligence. Whether those damages can be pursued depends on the specific facts and evidence.
Have you been involved
in an accident?
(310) 526-8383 How Long Do You Have to File a Fatal Truck Accident Lawsuit in Texas?
Texas generally requires an action for injury resulting in death to be filed within two years after the death. Exceptions can affect this period, and other claims arising from the same crash may have different timing requirements.
The filing deadline is not the only reason to act early. Evidence can become harder to obtain as time passes, particularly when electronic trucking records or third-party video footage are involved.
A fatal truck accident lawyer in Dallas, Texas, can review the dates in your case and identify the filing requirements that apply to your family.
What Our Dallas Fatal Truck Crash Lawyers at Omega Law Group Can Do for Your Family
When you hire us, we handle the legal and insurance work associated with your claim. That includes investigating the collision, dealing with insurers, developing evidence of your losses, and pursuing the parties we believe are legally responsible.
Omega Law Group works on a contingency basis, which means you pay no attorney fees unless we recover compensation for you. We can also travel for consultations when needed, and Rapid Sign allows documents to be signed electronically.
Discuss Your Claim With Our Dallas Fatal Truck Accident Attorneys
Contact Omega Law Group for a free consultation with a fatal truck accident attorney in Dallas, TX. We can discuss who may be responsible, which claims may be available to your family, and what steps can be taken to protect your legal rights.
