Motorcycle accident raises wrongful death issues in Texas

March 26, 2013 (Press-News.org) Motorcycle accident raises wrongful death issues in Texas

Article provided by Hoffman Kaliser Messina & Schreimann, P.C.
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A recent accident in rural Denton County resulted in the deaths of two motorcyclists. The tragedy will undoubtedly cause a great deal of emotional pain for the families of both individuals. In cases in which an individual is killed because of the negligence or wrongful conduct of another, family members of the deceased may be able to file a wrongful death claim in Texas.

The facts of the motorcycle crash

The two motorcyclists involved in the accident in rural Denton County were allegedly riding partners and were fatally injured after colliding with one another on a Denton County road, officials reported. One of the motorcyclists, a 23-year-old man from Little Elm, was pronounced dead at the scene. The other motorcyclist, a 27-year-old man from Ponder was taken to Texas Health Harris Methodist Hospital Fort Worth, where he was treated for his injuries but eventually died as a result of the accident.

Both men had been wearing helmets, but troopers are still investigating how they ended up hitting each other head-on. A third man who had been riding with them did not see what caused the accident because he was ahead of them on the road when it occurred.

What are the wrongful death laws in Texas?

Under the wrongful death laws of most states, a relative or heir of the deceased individual may sue for the loss of a loved one if the death was caused by the negligence or wrongful actions of another. This is not to be confused with a survival claim, which is a claim brought on behalf of the deceased person's estate to collect for injuries that the person sustained and the harm incurred prior to and during death. In either case, issues of fault present themselves, and fault can be particularly difficult to prove when an accident arises out of mysterious factual situations similar to the recent motorcycle deaths in Denton County.

How can a personal injury attorney help?

An accident that causes death can raise particular concerns for the family of the deceased, who may want to recover damages for their loss. In many cases, family members of one driver can sue the estate of the other driver for wrongful death. To do so, the family would need to prove that the other driver acted in a negligent or wrongful manner, that the negligent actions caused the victim's death and that the family members have suffered financially because of the loss of the victim. Negligent behavior can include driving on the wrong side of the road or ignoring weather or road conditions. The damages that families can collect under a wrongful death suit can include medical and funeral expenses, loss of support and loss of services.

Because wrongful death suits can involve complex and fact-intensive legal issues, those who have lost a loved one should contact an experienced personal injury attorney who can help them investigate who was at fault for causing the accident and can go over all available options for recovery.