Unfortunately, it is not expected that loss of life resulting from semi truck accidents will end in the foreseeable future. We have posted on truck drivers who have been sent to jail after the wrongful death of an innocent victim.
Wrongful deaths that are a result of a collision with semi truck drivers are a difficult topic to discuss - yet a reality on Houston roadways. Sometimes the accidents are caused because the driver is distracted or impaired. At other times they are the consequence of poor road or weather conditions.
In fact, the dynamics surrounding an accident are so complicated and numerous that it would not be possible to list them all here. Although the causes of an accident are always germane - for this entry let us consider the elements of a wrongful death lawsuit.
The most common redress for victims and their families is through the civil court system. Once the initial shock of a loss has passed - litigation may provide the only sense of justice and return to normalcy for injured parties. Not very often is a truck company held accountable criminally.
Any one of the following four conditions must exist for a wrongful death lawsuit to go forward.
First, was the death caused in part or totality by the defendant?
Secondly, was the death a result of negligence on behalf of the defendant?
Next, has the death affected the victim's loved ones including children and spouse?
And, finally, has the death financially affected the victim's family?
Civil laws exist to ensure accountability as well as to provide monetary I reparations to those who have been traumatized by the loss of a loved one.
While no one can bring back your loved one, sometimes, civil justice is better than no justice. Do not hesitate to make use of the court system to hold a person or company accountable.
Greg Baumgartner is a personal injury lawyer in Houston who handles wrongful death cases and has a proven track record of success. If you have lost a loved one and are looking for a high profile Houston wrongful death attorney, call the Baumgartner law firm.
