A fatal collision involving a commercial truck can leave your family facing grief while financial and legal questions arise. Because tractor-trailers can outweigh passenger vehicles by many tons, the force of impact often causes unsurvivable injuries. A McAllen fatal truck accident lawyer from our firm could examine how the crash occurred and identify the parties whose conduct contributed to the loss.
A truck wreck attorney could also preserve evidence before records disappear or repairs alter the vehicles. At KGS Law PLLC, we approach these cases with care and precision. We could evaluate the trucking company’s conduct, the driver’s decisions, and whether maintenance failures or unsafe loading practices affected the collision.
Establishing Liability in a Deadly Truck Collision
Commercial trucking cases often involve several layers of responsibility. The driver may have violated a safety rule, while the motor carrier may have failed to supervise operations properly. If a truck collision resulted in death, our lawyers in McAllen could review:
- Electronic logging data
- Inspection records
- Dispatch communications
- Post-crash testing
A truck operating in interstate commerce must comply with the Federal Motor Carrier Safety Regulations. These regulations set federal safety standards for motor carriers and drivers and address matters such as hours of service and vehicle condition. A regulatory violation can support a negligence theory when it contributes to the fatal crash.
Texas Civil Practice and Remedies Code § 71.002 permits liability when a wrongful act or neglect causes death. The claim still requires proof that the defendant’s conduct caused the fatal injury, so preserving physical and electronic evidence early is often central to a case.
Who May Bring a Wrongful Death or Survival Claim?
Texas Civil Practice and Remedies Code § 71.004 provides that a surviving spouse may bring a wrongful death action. Surviving children and parents also qualify. One or more eligible family members may pursue the case for the benefit of all. If they do not file within three months after the death, the personal representative generally must bring the action unless an eligible family member asks the representative not to file it. Our McAllen attorneys could explain how these rights apply to your family’s situation after a fatal trucking crash.
A survival claim is separate. Tex. Civ. Prac. & Rem. Code § 71.021 preserves the personal injury claim that your loved one could have pursued had death not occurred. The claim belongs to the estate and addresses losses the deceased sustained between injury and death. Wrongful death damages compensate eligible relatives for their own losses, while survival damages address harm the deceased suffered and losses to the estate.
What Compensation Could Your Family Recover?
A fatal trucking accident claim may include lost earning capacity and lost household services. Surviving relatives may also recover for lost companionship and mental anguish resulting from the death. The claim may include funeral and burial expenses when the law supports their recovery. A survival action may separately seek medical expenses and compensation for conscious pain your loved one experienced before death.
Texas Civil Practice and Remedies Code §16.003 generally imposes a two-year filing period for wrongful death claims. Certain facts can affect the deadline, so prompt review is important. The state also applies modified proportionate responsibility under Tex. Civ. Prac. & Rem. Code § 33.001, which bars recovery when a claimant’s assigned responsibility exceeds 50 percent. Another provision reduces damages according to the assigned share when responsibility is 50 percent or less. After a deadly truck wreck, our McAllen attorneys could assess disputed fault without allowing an insurer’s early position to define your case.
Contact a McAllen Attorney for Help With a Fatal Truck Crash Claim
You deserve a clear explanation of the legal process while your family manages a profound loss. A McAllen fatal truck accident lawyer at KGS Law PLLC could investigate the collision and evaluate the available claims. We could also communicate with insurers and preserve evidence that may establish responsibility.
Contact us today to discuss the fatal truck crash and the deadlines that may govern your case. We could listen carefully to your family’s situation and build a strategy based on the evidence.