San Antonio Car Wreck Results in Wrongful Death
On October 25th, 2021, two people were killed and three injured in a deadly car accident in San Antonio involving a Volkswagen SUV and Toyota pickup truck on the city’s Northwest Side. The collision was caused when the driver of the SUV, driving at an accelerated speed, collided into the pickup truck as it exited a fast food parking lot. The driver and passenger in the Volkswagen died on the scene; another passenger in the Volkswagen as well as the driver and passenger in the Toyota were taken to the hospital in critical condition.
The above example is only one among too many that occur in San Antonio every year. The Texas Department of Transportation reports that an auto accident occurs approximately every sixty seconds, someone is injured in a car accident every two minutes, and someone is killed in a collision every two and a half hours. These numbers are devastating for victims and families alike, especially when the collision results in fatality.Is My Loved One’s Death in a San Antonio Collision Considered Wrongful?
While thousands of Texas die in car accidents every year, a car accident fatality is only considered “wrongful” if it falls within certain parameters of the law. For example, the Texas Wrongful Death Statute states that a death is considered wrongful when it is caused by another’s “wrongful act, neglect, carelessness, unskillfulness, or default.” In order to file a wrongful death lawsuit, then, your San Antonio Tx auto accident lawyer must be able to prove that another driver was liable for your loved one’s death.Who Can Claim Benefits From a Car Accident Wrongful Death Lawsuit?
Have you lost a loved one in an auto accident but are you unsure if you qualify to sue for compensation? Not just anyone can file a lawsuit when a San Antonio car wreck results in wrongful death. State law stipulates that only the deceased’s spouse, children, or parents may seek compensation in a wrongful death lawsuit. If your relationship with your loved one falls under these parameters, seek an attorney to discuss your options.When Should I File A Wrongful Death Lawsuit?
As in most personal injury lawsuits, the statute of limitations for wrongful death claims is two years from the date of death. In order to seek compensation for the loss of your loved one, you must file within this time period.
There are exceptions to this rule, however, including:
- Plaintiffs whose mental or physical disability impaired them from filing within this time period
- Plaintiffs who were minors at the time of their parent’s death
- Plaintiffs who were unaware of the defendant’s negligence in the stipulated time period
Whether or not these exceptions apply to you, it is still in your best interests to file your wrongful death lawsuit as soon as possible. Hiring a qualified attorney can help simplify this process for loved ones undergoing grief-related trauma.Call the Texas Car Wreck Attorneys at Carabin Shaw | Free Case Review
Losing a loved one can be the most devastating moment in a person’s life. If you have lost a loved one due to the negligence or wrongful act of another driver, you have the right to seek compensation for the loss of the loved one and the grief your family has suffered. The team of auto accident lawyers at Carabin Shaw are dedicated to ensuring those responsible for the death of your spouse, parent, or child are held responsible for their negligence.
If you would like to learn more about our firm, you can review Carabin Shaw’s client reviews or speak with our 24/7 English and Spanish-speaking staff. To schedule your no-cost, no-obligation case review with a Carabin Shaw accident lawyer, call 800-862-1260 today.