This is our next post in a series of articles addressing the handling of wrongful death cases in Fort Worth and its surrounding areas. Our last article discussed the statute of limitations in Texas wrongful death cases. It also encouraged the retaining of an experienced attorney as soon as possible to help with such serious matters. Taking legal action may not be the priority of the grieving family members. However, waiting could cause the deadline to pass and the family to lose the right to pursue compensation to which they are entitled. In this article, we will address how matters involving a commercial vehicle may have multiple defendants and multiple theories of liability. Hiring the right attorney can help to ensure all liable parties are identified and the case proceeds strategically. If you are in need of assistance then contact our office to speak with a personal injury lawyer.
Texas wrongful death cases involving commercial vehicles can have multiple defendants and multiple theories of liability
There is often more than one party who may be legally responsible when someone dies in a collision involving a commercial vehicle. The driver may be liable for reckless or careless behavior but the company that owns the vehicle or employs the driver may also share in that responsibility. Additional entities such as a contractor or maintenance provider may also be at fault in some cases. These cases often go far beyond a simple lawsuit involving a two-car, two-driver accident.
There can also be different legal theories which apply to different defendants. For example, if a delivery driver is speeding and causes a crash that kills someone, the driver is clearly responsible for negligence that led to the wrongful death. But the driver’s employer could be liable under a different theory such as negligent hiring if they failed to check the driver’s background before giving him the job. A company might also be liable for negligent training or supervision. Another party, such as a maintenance contractor, could also be named a defendant if they allowed the truck to go out on the road with faulty brakes or in a condition which is seen as having contributed to the accident.
Consider the following example of a commercial box truck that runs a red light and crashes into a family vehicle and kills a parent. The driver is later found to have a history of traffic violations. The driver can be sued for negligence. The delivery company that owns the vehicle could also be liable for negligent hiring because they did not perform a background check. A third company that performed recent brake repairs could also potentially be sued if an investigation shows the brakes failed due to improper service and the company could foresee such harm. Each of these parties may have insurance coverage and each may defend the case differently. A family pursuing a wrongful death claim must make sure all possible claims are made against all possible parties or risk leaving compensation on the table.
It is important to hire an experienced Fort Worth wrongful death attorney as these cases become complicated quickly
Wrongful death cases that involve commercial vehicles are not like ordinary car accidents. One of the first challenges is figuring out who the defendants should be. Commercial drivers are often employed by larger companies that may involve multiple legal entities. Some companies may even try to shift blame to a subcontractor or another party. Finding out who is responsible and what theories of law apply to each one can be difficult. These cases may involve company policies, insurance coverage, driver logs, and maintenance records. If your attorney is not familiar with this type of case, then they may miss something important. You need someone who has been through this process before and who knows how to fight back if large companies deny responsibility.
Our lawyers at Noteboom – The Law Firm help families who are dealing with the loss of a loved one in a commercial vehicle accident. We focus on large scale injury cases and have the necessary experience to uncover the facts and hold all responsible parties accountable. We have an on-staff investigator who helps gather evidence efficiently. We also have multiple attorneys who are Board Certified in Personal Injury Law by the Texas Board of Legal Specialization. Contact us today to speak with a Fort Worth wrongful death lawyer. We also serve Arlington, Dallas, and other areas throughout Texas.