Schuelke Law Handles Wrongful Death Lawsuits in Wake of Deadly Crashes

Car accidents are on the rise. The reasons vary but can include being in a hurry to get to Point A from Point B, distracted driving, DWI/DUI, and even bad weather. The worst outcome of any car accident involves the death of one or more people. One head-on accident between a BMW and a Toyota pickup ended badly, culminating in the death of the BMW driver.

A BMW driver was heading south on FM-116 when his vehicle wandered over into the oncoming lanes of traffic and met the 2023 Toyota head-on. The BMW driver was pronounced dead at the scene. The occupants in the Toyota sustained minor injuries.

In another crash case, an allegedly intoxicated Austin man was arrested in the wake of a fiery crash that killed four. The rear-end collision happened off I-35 near Colonial Park Blvd. Local video footage showed the vehicle careening into the back end of a black Nissan, causing it to roll and burst into flames. Four perished in the conflagration.

The survivors and/or family of those killed in a vehicle accident as a result of someone else’s wrongful conduct can sue for damages for a wrongful death. In Texas, such a death happens when an injury results in death, the deadly injury was caused by another person or entity’s neglect, default, or wrongful act, and the deceased would have been eligible to file a personal injury claim had they survived the crash. 

Even though a car accident can be classified as a criminal homicide, there is a difference between a wrongful death lawsuit and a criminal case. In a wrongful death case, the court typically orders the defendants to pay damages to the survivors. In a criminal case, the usual result is prison time and fines/penalties.

In Texas, there is also something referred to as a survival action. This is a claim that the deceased could have brought for damages had they lived. The survivors of the deceased person or their estate may bring such an action. An example of a survival action is if a seriously injured person clung to life for several weeks before dying. The survivors could file a survival action seeking compensation for the injuries the deceased sustained, such as pain and suffering, and lost wages, between the date of the crash and the date of death.

“Wrongful death lawsuits and survival claims are complicated,” explained Austin wrongful death attorney Brooks Schuelke. “They may require expert witnesses and evaluations of the different damages sustained and factually complex. We’re here to help you. Just give our office a call today.”