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When can a car accident lead to a wrongful death lawsuit?

On Behalf of | Jan 15, 2023 | Wrongful Death |

The last thing you want when you leave home for work is a call from the ER that someone you love has been involved in a car crash. Unfortunately, hundreds of people receive these types of calls every single day. 

When a car accident leads to a loved one’s death, you may be able to pursue the liable party for damages through a wrongful death claim

So how do you know your loved one’s death was wrongful?

Legally speaking, death is deemed wrongful when it stems from another party’s intentional unlawful act or unintentional negligence. Negligence can involve a wrongful, reckless or careless action and can even be criminal in nature. 

Some of the driver behavior that can justify a wrongful death lawsuit include:

  • Driving while under the influence of alcohol or other substance
  • Driving beyond the designated speed limit
  • Changing lanes without signaling the other road users
  • Making an illegal turn
  • Failing to yield way
  • Disregarding traffic rules
  • Driving an unsafe vehicle

Pursuing justice on behalf of your departed

A loved one’s sudden death can be devastating. It is understandably difficult to think about taking legal action against the responsible party. However, it helps to note that time is of the essence. For your wrongful death claim to be valid, you need to act within the Texas statute of limitations period, which is two years from the date of your loved one’s death. 

Every road user owes a duty of care to others on the road. Find out how you can safeguard your rights and interests while pursuing a wrongful death claim in Texas.