When you leave your house, you do not think that you are going to be in an accident. These incidents are unexpected and can change one’s entire life, even resulting in their death. Car accidents where one of the parties passes away can be complex and result in a wrongful death claim against the liable party. However, what happens when both drivers die?
In Texas, car accident liability follows a “fault-based” system, meaning that the liable party pays for the damages of the injured/deceased party. When both parties die, the process becomes even more complicated. It impacts all aspects of the case, including insurance claims, proving negligence, and the rights of each driver’s estate.
Handling cases like this requires a deep understanding of the law and experience in the industry. Fortunately, Texas law allows options for families seeking compensation. If you have recently lost a loved one in a wrongful death car accident case, consult with a Katy wrongful death attorney today.
What does Texas law say about wrongful death car accidents?
Under Texas law, wrongful death claims allow certain individuals–such as surviving spouses, children, and parents, to seek compensation for the loss of a loved one caused by another party’s negligence or wrongful act. However, there is a time limit, also known as a statute of limitations, within which the case should be filed. This is usually two years from the accident.
To successfully win a wrongful death claim, the plaintiff must show that the defendant party was at fault in the accident, and as a result, they are liable for the injuries. The damages awarded in Texas wrongful death claims include economic damages (medical expenses, lost wages) and non-economic damages (emotional suffering, loss of companionship).
What happens when both drivers die? How is fault determined?
While fault can still be determined even when both drivers pass away in a car accident, the process becomes particularly more complicated. Investigators use various methods to reconstruct the accident. These may include witness accounts, which are statements from individuals who had partially or entirely witnessed the accident first-hand.
Accident reconstruction using expert witnesses becomes vital in wrongful death claims where both parties have died. Experts examine physical evidence from the scene, such as vehicle positions, skid marks, and damage extent, to recreate the accident’s events.
If you are lucky, the process of determining liability can be significantly shortened if a black box is found in one of the vehicles. Many vehicles are equipped with electronic data recorders (black boxes) that track speed, braking, and other vehicle actions leading up to the crash. This data can provide valuable information that can be used to assign blame.
Who can file a claim if both parties die?
In Texas, only certain family members of the deceased driver(s) can file a wrongful death claim and get compensation. The law allows the following individuals:
- Surviving spouse: The legal spouse of the deceased party.
- Children: All children of the deceased, whether biological, adopted, minor, or adult, are eligible to file a claim.
- Parents: If the deceased driver has no surviving spouse or children, the parents of the deceased may file a wrongful death claim.
- Estate representatives: If no one from the deceased’s family files a claim within the first three months of their death, a representative of the deceased’s estate can file the wrongful death claim. However, this only occurs when the family members are unable or unwilling to file a claim.
If you have lost a loved one and are considering filing, make sure to remember the statute of limitations. Not filing within the first two years can strip you of your rights to compensation.
Get justice for your deceased loved one!
Losing a loved one to someone else’s fault can be one of the most devastating feelings. To get justice for them, hire an attorney today!
