Most people understand that if they are hurt in a car accident due to the negligence of another driver, they have the right to file civil litigation. However, when the driver who caused the crash doesn’t survive it, that can make matters a bit less clear. People might wrongly assume that they have no legal recourse against a careless driver who is no longer alive. What Texas families often don’t know is that they may be able to file personal injury or wrongful death claim against that driver’s estate in connection with a fatal motor vehicle accident.
For example, a recent fatal crash took the lives of both the driver blamed for causing the accident and a truck driver. Authorities say that the collision happened on a recent weekend night. A man was allegedly driving his sedan westward in the eastbound lanes of the interstate. Police say they received a call about the driver and rushed to the scene. When they arrived, the sedan had apparently collided with a semi-truck, causing it to jackknife and subsequently be hit by a second big rig.
Officials say that the driver of the sedan and the first tractor-trailer were pronounced dead at the scene. No one in the second tractor-trailer suffered any serious injuries. Police say they are still investigating exactly what happened. They are also attempting to determine if intoxicated driving contributed in any way to the crash.
Once the police have concluded their investigation, the family of the truck driver who died may decide to file a civil claim against the estate of the driver of the sedan. Just because an at-fault driver doesn’t survive a crash that doesn’t mean that a victim or his or her family has no recourse for justice. An attorney here in Texas with experience handling personal injury and wrongful death claims in connection with a motor vehicle accident can advise anyone in a similar situation.