Losing a spouse in a tragic 18-wheeler accident can leave you feeling helpless and frustrated.
While no amount of money can replace what you lost, tort law allows you to recover financial compensation and hold the at-fault party liable for their negligence.
Who is liable for a truck accident?
Auto accidents involving semi trucks are unique because multiple parties could be liable for the collision. Potentially at-fault parties include:
- The truck driver is responsible for obeying road laws and industry regulations.
- The trucking company is responsible for maintaining their trucks and properly vetting and training all drivers before allowing them to operate a truck.
- A third-party mechanic is liable if the trucking company contracts them to perform routine maintenance and inspections on the trucks, and they fail in their duties, causing an accident.
- The truck manufacturer can be liable if an accident occurs because of a defective part.
If the accident was the result of improperly loaded or secured cargo, you could file a claim against the entity responsible for loading it.
Who can file a wrongful death claim in Texas?
Texas law allows the spouse of the deceased person to file a wrongful death claim seeking damages. You can recover the cost of medical, funeral and burial expenses, lost earning capacity, lost benefits and loss of inheritance.
You also have the right to demand compensation for the emotional damage you suffered. For example, you may claim the loss of consortium, support, advice, love, companionship and comfort your spouse provided.
All truck accident cases have unique circumstances and require careful consideration.