Car accidents can cause massive damages and severe body injuries. In the worst-case scenario, they result in single or multiple fatalities that may have legal implications, depending on various factors. Being Texas’ most populous city, Houston has no shortage of fatal accidents involving drivers, pedestrians, cyclists, passengers and motorcyclists.
Causes of Fatal Car Crashes
Fatal car crashes can strike at any time and anywhere, leaving behind painful aftermath. The most common causes of car accident fatalities include:
Intoxication-Intoxication, whether drug or alcohol-induced, is a leading cause of fatal road accidents on American roads. Sadly, many drivers charged with drunk driving are repeat offenders, and it is just a matter of time before their drinking costs a life.
Sleep-Sometimes, sleep comes in the least favorable circumstance, including when you are behind the wheel and before you know it, the worst has happened. Sleep causes more accidents than many would like to admit.
Distractions-Many things can distract a driver’s attention from the road. However, the most common cause of distraction caused fatalities is using mobile phones behind the wheel.
Weather Elements-Driving during harsh weather conditions like storms and fog puts road users at a higher risk for fatal accidents.
Road Problems-In a few circumstances, problems in the road, like unusual objects or inadequate signage, can expose road users to the risk of fatal accidents.
Flouting Traffic Laws-Failure to observe traffic rules such as speed limits, dangerous lane changes, ignoring stop signs and failing to indicate before turns cause many road fatalities each year.
Age-Age is a problem when the driver is underage or a senior citizen. Inexperienced young drivers, coupled general slow reflexes in the elderly, pose risks that could lead to fatalities.
Statute of Limitations
Car crash Houston relations have up to a maximum of two years to make a wrongful death claim. However, some exceptions to this rule include when the plaintiff is a minor or has a mental impairment.
Parties That Can File for Wrongful Death
You can only make a wrongful death claim if you are a surviving spouse, parent, child, adoptive parent, adoptive child, or appointed representative for the deceased’s estate.
Damages Related To Wrongful Death
After a wrongful death, the deceased’s relations can receive damages, which fall under the two categories below.
Damages Relating to the Deceased
These refer to any damages associated with the deceased’s injury and death. They include medical bills, funeral expenses and burial costs.
Damages Relating to the Survivors
These refer to the survivors’ losses due to wrongful death, such as lost incomes, mental anguish, and loss of a companion.
Why You Need a Wrongful Death Attorney
Understanding the wrongful death attorney’s role in wrongful death claims is crucial for better support and outcomes. Your attorney’s role is proving negligence and its four elements, including:
- Legal duty-For example, all drivers are have an obligation not to use mobile phones while driving.
- Breach of legal duty-For example, where a driver uses their mobile phone behind the wheel.
- Injury caused by breach-This refers to any injuries, including death, caused by the driver using their phone.
- Monetary implications-These include financial implications like resulting hospital bills and funeral expenses.
Apart from proving negligence, your attorney evaluates your case and is there to answer any questions you might have realting to the legal considerations and possible outcomes.