The death of a loved one can be especially heart-wrenching, especially when it is caused by a negligent driver. The National Highway Transportation Safety Administration estimates that more than 5,000 people are killed each year in car accidents where distracted driving is a factor. With 11,372 deaths in 2008 (the most recent available statistical year), drunk driving accidents account for 32 percent of all traffic deaths in the United States.
Texas is hardly immune to these troubling trends. Recently Dr. Gary Purdue, a prominent burn injury physician, was killed when a car hit his motorcycle. It is suspected that the driver who hit him was intoxicated.
21-year-old Megan Small, a senior at Baylor University, was killed when her car was hit head-on by a driver who was texting while driving. Besides the tragedies these cases present, there are important legal remedies families can pursue against negligent drivers and their insurers.
Texas law allows for wrongful death claims, which allow surviving family members to seek compensation for future lost income, loss of companionship, mental anguish and punitive damages. Loved ones may also bring a survivor action, a lawsuit based on the original injury where heirs or surviving family members may seek compensation for the decedent's medical expenses, lost earnings before the decedent's death, and funeral and burial expenses.
Wrongful death claims and survivor actions typically seek compensation from the negligent party's insurer. Depending on the circumstances, insurers may look to settle the matter for the limits of the particular policy. Since every case is different, it is critical to consult an experienced personal injury attorney to learn your rights and the value of your case.
