This is the next article in our series on wrongful death cases which stem from auto accidents in our area. Our last article provided an overview of topics which this series will be addressing. It also stressed the need to retain an attorney as soon as possible if a loved one has been lost in a car accident. It is important that you speak with counsel as soon as possible in order to ensure that your rights, and the rights of other surviving loved ones, are protected. In this article we will be discussing how Texas’ comparative fault laws impact such matters. If you are in need of assistance then contact us today to speak with a Fort Worth injury lawyer.
Surviving Texas family members can recover in a wrongful death case, even if the deceased was partially at fault
We have previously discussed how Texas’ comparative fault laws apply to wrongful death cases in general. These concepts will also apply in matters which involve a car accident. Texas allows the surviving family members to recover damages as long as the deceased is not found to bear more responsibility for the accident than does the defendant. The jury will be charged with deciding the amount of fault which is to be attributed to each party. Any damages awarded to the surviving family members will be reduced in proportion to the amount of fault assigned to the deceased. If the jury decides that the deceased is more to blame than the defendant(s) then, unfortunately, the surviving family members will be barred from recovery.
The foregoing is best explained through an example. Suppose Joe Driver is at an intersection with a green light, which allows him to turn but also requires him to yield to oncoming traffic. Joe sees a car coming but believes he can get through the intersection quickly if he “hits the gas.” He turns left even though there is a car coming. Jack Defendant hits Joe and, unfortunately, Joe passes away instantly. Discovery shows that Jack was driving well in excess of the speed limit and was texting at the time of the accident, as opposed to looking at the road. The Jury decides that Jack is fifty-five percent responsible for the accident and that Joe was forty-five percent responsible. The Jury also decides that the total damages, due to Joe’s surviving family members, are $2,000,000. The family members will receive $1,100,000 ($2m * 55%). While this hypothetical demonstrates the operation of Texas law, it must be remembered that how a jury will rule is always going to depend on the facts of the case.
There are many forms of evidence which the jury will consider when deciding the issue of comparative fault. These include testimony from witnesses, testimony from law enforcement, which party was cited by law enforcement, phone records (which can show evidence that one was engaging in distracted driving), and more. An experienced attorney will know to conduct a full investigation into the matter and will conduct discovery so that they may obtain all necessary evidence. When selecting an attorney to represent you, it is strongly suggested that you discuss their plan for building a case against the defendant(s).
Comparative fault will impact settlement negotiations in a Fort Worth area wrongful death case
The possibility of comparative fault is an issue which insurance adjusters are often quick to “latch onto.” In other words, it is common for an insurance company to either deny liability altogether or to offer a “low ball” settlement if they believe there are issues of comparative fault. An experienced attorney will be familiar with such tactics by the insurance carriers. Counsel will recognize that a denial of liability or a very low offer are often just a starting point for negotiations. When informing you of what to expect in regards to the case, your attorney should prepare you for the possibility of such negotiating tactics. It should also be understood, that if there are very legitimate issues of comparative fault, then a lower settlement amount may have to be accepted.
If you have lost a loved one to a car accident then contact our office today to speak with a Fort Worth wrongful death lawyer. Our firm has multiple attorneys who are Board Certified in Personal Injury Law by the Texas Board of Legal Specialization. We also employ an on-staff investigator and have the resources necessary to see your case through to completion. We understand that this is a serious time in your life and we will give your case the attention it deserves.
In addition to Texas’ greater DFW area, we also handle matters in Arlington, Austin, Denton, Frisco, Irving, Lufkin, Garland, Houston, McKinney, Richardson, San Antonio, and the rest of the state.