18-Wheeler Crash Kills Two Near Grand Prairie, Texas
Austin, TX (Law Firm Newswire) April 26, 2022 – 18-wheeler crashes are the deadliest events on the road, often ending in destruction, serious life-altering injuries, or death. A recent Grand Prairie accident involving a big rig ended badly.
The crash happened on US 287 in Grand Prairie, between FM 661 and Prairie Ridge. An 18-wheeler collided with several vehicles in a construction congested portion of the highway.
The tractor-trailer was heading south when it encountered slower traffic and multiple vehicles. The trucker did not adjust his speed, crashing into three vehicles. Drivers of two of the vehicles died at the scene. The occupants in the third vehicle were not injured.
“Situations like this are difficult for the family members of those involved,” said Austin 18-wheeler crash attorney, Brooks Schuelke. “Many families may seek to file a wrongful death lawsuit in the wake of this kind of crash.”
Wrongful death claims are filed against a defendant who has caused someone’s death. The cause may be due to an intentional action or negligence. Filing a wrongful death claim means the estate of, or close relatives of, the deceased can file a claim against the party or parties legally liable for the death.
There are several instances when a wrongful death claim may be filed. They include:
• When someone dies as a result of a motor vehicle/truck accident involving negligence.
• When someone is intentionally killed.
• When someone is killed on the job.
Wrongful death claims can arise from any kind of personal injury scenario, and be pursued in civil court, except for workers’ compensation claims, which must be pursued via the Texas Department of Insurance – Division of Workers’ Compensation, though it is important to know that not all on-the-job injuries are workers’ compensation claims.
To prove a wrongful death case, the plaintiff must show the defendants owed the deceased a duty of care (in this case the duty of care would be to drive with caution), that the defendant breached that duty (in this case the trucker did not slow down), that the breach of duty of care directly caused the death, and the death resulted in the damages the plaintiff is seeking to recover. (In this case, the trucker breached the duty of care not to speed, did not slow down when he saw traffic congestion, and crashed into three cars, killing two people)
Wrongful death damages can include:
• The deceased person’s pain and suffering before death
• Medical treatment costs the deceased may have incurred before death
• Funeral, burial costs
• Loss of the deceased expected income
• Loss of any inheritance due to the death of the deceased
• Value of the services the deceased would have provided
• Loss of care, guidance, nurturing deceased provided
• Loss of love, companionship, and consortium
“These types of cases can be exceedingly complicated and difficult for survivors,” added Schuelke. “They’re complex due to jurisdiction issues, federal and state laws, who owns the truck, who owns the load, who owns the trucking company, was the driver properly vetted, have a clean record, and so on.”
18-wheeler accidents need to be evaluated by a skilled big rig accident attorney who knows what to do and how to ensure all the insurance available is on the table for consideration. Cases like this often take many months to resolve.
“If you have been in a crash involving an 18-wheeler, talk to me. We have a lot of ground to cover. You’ll want to know what options you have and what your legal rights are,” Schuelke indicated.Learn more at http://www.civtrial.com