Wrongful Death Actions Provide Recovery Against Drunk Drivers in Texas

December 13, 2012

Drunk drivers are recurrent menaces on Texas' roadways, responsible for 1,259 deaths and 42 percent of car accidents in 2010 alone. Those convicted of DWI face serious criminal penalties, fines and loss of freedoms. However, criminal penalties do not compensate the victim's family if the drunk driver kills someone. Fortunately, there is a legal remedy available to those whose loved ones have paid the ultimate price because of someone else's carelessness--wrongful death.

Wrongful death lawsuits are a common legal remedy for families who have lost relatives in drunk driving accidents. In a recent example, a wrongful death lawsuit was filed in Galveston, Texas against a drunk driver who crashed his car into the back of a horse-drawn carriage.

After a night of heavy drinking, the 26-year-old driver drove his car at a speed of 100 mph, and collided with the carriage with such a force that it caused it to break apart and roll over three times. The incident severely injured two and killed one of the carriage's passengers--a husband who was celebrating a wedding anniversary with his wife who was also among the injured passengers. The husband's estate sued the driver for wrongful death.

Wrongful death in Texas

Wrongful death is a civil action that is intended to compensate close family members for damages caused by the death of a relative as a result of someone else's negligence. Drunk drivers are among the most egregious types of negligent drivers, so a wrongful death lawsuit is an appropriate remedy if one of your loved ones is killed by an intoxicated driver.

Under the Texas Wrongful Death Act, in order to be eligible to file a wrongful death lawsuit, the following must be established:
-The defendant's wrongful act, neglect, carelessness, unskillfulness or default caused the decedent's death.
-The decedent would have been able to sue the defendant for damages had he or she survived the accident.
-The person bringing the lawsuit is the spouse, child or parent of the decedent.

Under the act, those who can bring a wrongful death lawsuit may recover damages for medical and funeral expenses and other damages such as loss of income, pain and suffering or loss of companionship--which compensates a family member for the loss of the love, comfort and companionship of the deceased.

If the defendant's conduct was particularly reckless, intentional or malicious, punitive damages may be awarded on top of the other types of damages. This is meant to punish the responsible party for their reckless behavior and to deter others from engaging in similar actions.

Wrongful death lawsuits are complicated from the beginning to the end. If you have lost a loved one, it is important to obtain legal guidance from a personal injury attorney who is experienced in wrongful death lawsuits. An attorney can answer questions about your particular situation and work to ensure that you receive the maximum amount of compensation allowed by law.

Article provided by Lovett Law Firm
Visit us at http://www.lovettlawfirm.com