Texas Wrongful Death 18 Wheeler Accident Lawyer

Texas Wrongful Death 18 Wheeler Accident Attorney

Was a Loved One Killed in a Texas Truck Accident?

A wrongful death claim arises when a person sustains an injury which results in their death, and that injury was caused by another person, or entity’s, wrongful act or neglect. The family left behind may be able to pursue the person or entity that caused the injury for the loss of their loved one. Every case is different, and if you feel that you may be able to recover for the wrongful death of your loved one, the first step is to speak with a Texas wrongful death 18 wheeler accident lawyer at the Merritt & Merritt Law Firm. Call us today for assistance at To discuss your case and how we can help, contact us today at 912-341-6644 to schedule a free consultation.

Causes of Wrongful Death Trucking Accidents

While there are many causes of wrongful death trucking accidents, some of the most common seen by our Texas wrongful death 18 wheeler accident lawyer include:

• Failure to perform maintenance to truck
• Failing to abide by regulations established by the Federal Motor Carrier Safety Administration (FMCSA) and the Texas rules for intrastate commerce
• Abuse of drugs and alcohol, including prescription drugs
• Failure to properly train truck drivers
• Improperly loaded cargo
• Mechanical failure of truck
• Truck driver engaging in distracted driving

Pursuing a Wrongful Death Claim in Texas

Pursuing a wrongful death claim in Texas can be complicated for the loved ones of the deceased, and a Texas wrongful death 18 wheeler accident lawyer at the Merritt & Merritt Law Firm can assist with the process.

A wrongful death claim is appropriate only if the person that dies would have been able to bring an action for their injury if they had lived.

Who Can Pursue a Texas Wrongful Death Claim

Texas law maintains that a wrongful death action may be brought by one or more of the following:

• Surviving Spouse of the Deceased
• Children of the Deceased
• Parents of the Deceased

If none of the persons that are able to bring an action for wrongful death file within three months after the death of the victim, the executor or administrator of their estate shall file and prosecute the action for wrongful death.

Statute of Limitations for Texas Wrongful Death Claim

A statute of limitations establishes the amount of time that is allowed to bring a claim. For wrongful death claims in Texas, the statute of limitations is two years from the date of death. This is why it is imperative to seek the guidance of a Texas wrongful death 18 wheeler accident lawyer as soon as possible after the accident occurs. It can take time to gather the information necessary to file a wrongful death lawsuit. Also, every case is different, and a lawyer can help decide if there are any extenuating circumstances in your case.

Damages Available in a Texas Wrongful Death Claim

Texas allows persons filing for wrongful death to recover for several different kinds of compensation.

• Economic Damages: Economic damages are easily established. They are tangible, and can often be proven with a receipt. They include such items as funeral expenses, the cost of the deceased’s medical care, and loss of future earnings.
• Non-Economic Damages: Non-economic damages are not tangible like economic damages. They are subjective and much harder to place a dollar amount on, and are generally highly litigated. They consist of loss of companionship, physical pain and suffering, and mental anguish.
• Exemplary Damages: Exemplary damages are not often awarded in Texas, as they are punitive in nature. They are not designed to compensate an injured party, but to penalize the person(s) or entity responsible for the wrongful death. They are also meant to discourage others from acting in the same manner as the liable party.

How a Texas Wrongful Death 18 Wheeler Accident Attorney Can Help You

A Texas lawyer experienced in wrongful death claims can provide you with invaluable assistance. At the Merritt & Merritt Law Firm, we can meet with you and help you determine if you have a viable claim. If you do, we are able to help you pursue that claim. Following are some of the ways we help our clients.

Gather Evidence

One of the first steps in pursuing a wrongful death claim is gathering evidence. There are many different types of evidence that are useful in a wrongful death claim, including medical reports, police reports, and witness statements.

Determine Liable Parties

It can be difficult to determine who is responsible in a wrongful death claim resulting from a trucking accident. It can be any of the following, or a combination of one or more of them:

• Truck Driver
• Truck Owner
• Company Responsible for Truck Maintenance

Your lawyers will review the evidence to determine the proper party to pursue for reimbursement.

Speak On Your Behalf

After the truck accident, it is likely that you will be contacted by numerous people representing different persons and companies. Your lawyer will be able to speak to them on your behalf so that you do not have to deal with them. These people may include:

• Lawyer for Trucker
• Lawyer for Insurance Company
• Lawyer for Trucking Company or Owner
• Representative for Insurance Company

Filing Suit In Court

Your lawyer will use the evidence that they gathered to prepare the necessary documents to file in court. They will also ensure that these documents are served on the appropriate parties and any follow-up pleadings are filed when needed.

Represent You In Settlement Negotiations & Court

After filing your lawsuit, it is likely that you will be involved in settlement negotiations with the defendant(s). Your Texas wrongful death 18 wheeler accident lawyer will be by your side making sure that your interests are protected. Should it not be in your best interest to reach a settlement, your lawyer will advocate for you in trial.

Speak With A Texas Wrongful Death 18-Wheeler Accident Attorney

When you have lost a loved one in a trucking accident, you may be entitled to compensation from whomever is responsible for the accident. To learn more about recovering what you are owed, speak with a Texas wrongful death 18-wheeler accident attorney at the Merritt & Merritt Law Firm. We may be reached by calling (713) 535-7051 or via our contact page.