This is the next article in our series on the handling of Fort Worth, Texas wrongful death cases which involve a car accident. Our last post discussed why settling a wrongful death case can take a significant amount of time. The greater the number of disputed issues in such a matter, then the longer it may take to settle. Litigation may be necessary in some instances. An experienced attorney will give you an honest assessment as to when is the best time to settle. In this article we will discuss when such matters may involve multiple defendants. If you need assistance then contact our office today to speak with a personal injury lawyer.
Texas wrongful death cases involving commercial vehicles will likely involve multiple defendants
Texas is like other states in the country in that an employer is considered liable for the acts of their employee(s). Additional causes of action may also exist against an employer. This means that if one passes away as the result of a car accident, and the wreck was caused by a commercial vehicle, then the owners of the vehicle mare share responsibility along with the driver. In these types of situations, the driver of the vehicle, the owner(s), and potentially other third parties may be named as defendants. In such a situation, the surviving family members could be able to recover damages from the larger company, which helps to ensure the availability of funds to satisfy any eventual judgment.
Consider the following example. Joe Driver is on his way home from work. Unfortunately, a delivery driver for Pizza’s Pizzeria runs a red light while on his way to drop off on an order. He runs into Jack, who passes away instantly. Under this scenario, the surviving family members could bring an action against the delivery driver as well as against Pizza’s, as the delivery person was clearly within the scope of his employment at the time of the accident. Now, also, suppose that discovery shows that Pizza’s does not perform a drug test on any of their employees and it is shown that the delivery person was on narcotics at the time of the accident. Under this scenario, a cause of action could exist against both the delivery driver and Pizza’s for negligence. A separate cause of action may exist, against Pizza’s, for negligent hiring and supervision as well. The Pizzeria would be responsible for paying any judgments awarded against it or the delivery driver. It must be remembered, however, that what causes of action to bring in any given situation will always depend on the specifics of the situation.
It should be noted that Texas’ comparative fault laws will apply to all of the defendants in a multi-party wrongful death case. We discussed earlier in this series how comparative fault applies in a car-accident related wrongful death case. These same concepts will apply to the owners and employers of commercial vehicles and their drivers. This means, for example, that if the total losses in a case are $3,000,000, and the jury finds that the deceased was forty percent responsible for the accident, then the surviving family members would receive $1,800,000 ($3m – 40%). If it is found that the deceased was at least fifty-one percent responsible, then the surviving members would be barred from recovery. The allocation of fault in such situations is left to the jury.
A Fort Worth attorney may name “fictitious defendants” to ensure all parties are included in a lawsuit
There are times when the owner of a commercial vehicle may be part of a complicated business structure. It may not be possible to immediately identify all the possible defendants as ownership information can be private in many situations. If a lawsuit becomes necessary, in cases which involve a commercial vehicle, then your attorney may include “fictitious defendants” in the pleading. This allows for other parties to be named later as discovery progresses. This helps to ensure that other defendants, potentially identified after a statute of limitations has run, are included in the lawsuit. Whether such parties should be named is an issue which your attorney will determine through discovery and investigation.
If you have lost a loved one to a commercial vehicle accident then contact our office today to speak with a Fort Worth wrongful death lawyer. Our firm understands that this is a serious time in your life. We are devoted to protecting the rights of individuals, which includes representation in car accident cases. We have multiple attorneys who are Board Certified in Personal Injury Law by the Texas Board of Legal Specialization and we employ an on-staff investigator. We work to provide the highest level of service in every case we handle and we look forward to speaking with you.
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.