In Texas, the spouse, parent, or child of a person whose life was lost as a result of another’s conduct may be able to file a wrongful death action against the at-fault party. There are particular “grounds” that apply, which are situations that would grant a spouse, parent, or child the legal right to file suit.
The potential grounds for wrongful death actions in Texas include:
- Wrongful acts, which may include intentional conduct that leads to another’s death. For example, intentionally striking someone with a vehicle or racing on a highway, which causes a fatal accident, may be a wrongful act that would provide grounds for a lawsuit.
- Neglect, defined as a failure to care for properly, is another potential grounds for wrongful death actions. An example may be a person who does not maintain the brakes on his vehicle and is unable to stop when needed, causing a fatal rear-end accident.
- Carelessness occurs when a person does not show proper care or is negligent. A driver who simply fails to look over his or her shoulder before making a lane change could be said to be careless, and this driver could be held accountable if this actions cause another’s death in a car accident.
- Unskillfulness may also provide grounds for a wrongful death lawsuit in Texas. This is a lack of skill or training that leads to incompetence in a certain action or subject. An inexperienced driver who causes a car accident could be sued for a wrongful death.
- Default refers to situations involving strict liability, where a party is held accountable for another’s death regardless of specific intent or negligence. An example is the manufacturer of a defective auto part that causes a fatal collision. The manufacturer could be held strictly liable for this accident.
If you are interested in finding out what you can do to seek justice for a lost loved one, the team at the Lowenberg & Kumar Law Firm is here to provide compassionate support and experienced legal counsel. We will be happy to answer your questions so you can make the right choices about your case. We handle wrongful death actions involving all types of traffic accidents across the Austin area of Texas.
Give us a call at (832) 241-6000 to learn more.