Reckless Driving And Speeding

This Blog was brought to you by the J.A. Davis Law Firm in McAllen

Reckless Driving And Speeding

Most car accidents occur within a few miles of a driver’s home or office. Unfortunately, the shortest of journeys is often the one that is traveled carelessly. Drivers tend to use more caution when driving an unfamiliar route or longer distances, but the dangers are high regardless of the destination or length of the journey. Safety should always be paramount when behind the wheel of a motor vehicle. Reckless driving and speeding are unfortunate yet common causes of car accidents. https://docs.google.com/document/d/1cgyaHJG2gDc7i7UedZkcCheHuPMWAWDEP6HDCaJDyvc/

These types of accidents are especially tragic when a fatality occurs at the hands of a reckless driver or a poor decision behind the wheel. In these cases, the loss of life could lead to a wrongful death case. If you have lost someone or have been injured as a result of a reckless driver, you understand the damage a single moment of impact can do.

To further discuss your case, make an appointment with a lawyer by calling us. Our offices are open and waiting to take your call.

Common Causes Of Reckless Driving And Speeding Accidents

Many reckless driving accidents can be attributed to one individual and his or her negligent actions, much like drunk driving accidents. After police investigate the accident and talk to the witnesses, it may be possible to ascertain the exact form of reckless driving that resulted in the accident. Any of the actions below that lead to a motor vehicle accident are considered reckless:

Speeding
Racing
Weaving in and out of traffic
Failure to yield or use traffic signals
Texting while driving
Ignoring traffic signals or other rules of the road
Driving with no lights during hours of darkness
Any irresponsible behavior behind the wheel

The innocent parties involved often receive serious injuries. The following are common types of injuries involved parties may suffer as a result of a car accident due to reckless driving:

Head injuries
Spinal damage
Neck injuries
Broken bones
Internal bleeding of the brain or vital organs
Loss of limbs
Brain damage
Emotional duress and damage

If one of the above injuries has occurred and it was the fault of the driver, he or she may be held responsible in a personal injury claim. Personal, physical, emotional, and financial problems can all be consequences of a reckless driving accident or any type of accident, such as one stemming from defective car parts. In such cases that result in a fatality, the family of the deceased may consider a wrongful death suit to cover expenses for pain and suffering.

If you are unsure about the cause of your accident or you believe it is impossible for there to be help for your situation, you are not out of options. No matter what you assume about your accident, you will likely be surprised by what an attorney can do for you and your family. While there are no guarantees about your case, you have nothing to lose from a case evaluation.

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What Constitutes a Wrongful Death Case?

This Blog was posted by Regan Zambri Long – Personal Injury Law Washington DC

 

What Constitutes a Wrongful Death Case?

This guide explores what constitutes a wrongful death case and more. 

A wrongful death case arises when the negligent, reckless, or intentional actions of another party cause an individual’s death. These cases are defined by specific legal components that must be proven to hold the responsible party accountable.

  • Duty of Care Owed to the Deceased
  • Breach of Duty of Care
  • Causation that Links the Breach to the Death
  • Measurable Damages that Result from the Death
  • Legal Standing of the Plaintiff
  • Common Types of Wrongful Death Cases
  • People Who Can File a Wrongful Death Lawsuit
  • When Can Survivors File a Wrongful Death Lawsuit?

Duty of Care Owed to the Deceased

A wrongful death case begins with the establishment that the defendant owed a duty of care to the deceased. Duty of care refers to a legal obligation to act responsibly and avoid actions that could foreseeably harm others.

  • Examples of Duty of Care:
    • Drivers are expected to follow traffic laws to ensure the safety of others on the road.
    • Employers must provide a safe working environment for their employees.
    • Medical professionals are obligated to provide competent and timely care to their patients.

Failure to meet these obligations sets the foundation for a wrongful death claim.

Breach of Duty of Care

The plaintiff must demonstrate that the defendant breached their duty of care through negligence, recklessness, or intentional actions. A breach occurs when the defendant’s behavior falls below the standard of care expected in the given situation.

  • Examples of Breach:
    • A driver running a red light and causing a fatal accident.
    • A doctor misdiagnoses a condition or fails to provide adequate treatment.
    • An employer neglecting to fix hazardous machinery that leads to a worker’s death.

A wrongful death lawyer should present evidence of the breach, which often includes expert testimony, safety reports, or documentation of the defendant’s actions.

Causation that Links the Breach to the Death

Causation is a critical element in a wrongful death case. The plaintiff must prove that the defendant’s breach of duty directly caused the individual’s death. This includes establishing both actual and proximate causes.

  • Actual Cause: The defendant’s actions directly resulted in the death (e.g., a drunk driver causing a fatal crash).
  • Proximate Cause: The death was a foreseeable consequence of the defendant’s actions (e.g., failure to repair faulty equipment leading to a fatal accident).

Evidence such as autopsy reports, medical records, and accident reconstructions is used to establish causation.

Measurable Damages that Result from the Death

A wrongful death case must demonstrate that the death caused measurable losses to the surviving family members. These damages can be both economic and non-economic.

  • Economic Damages:
    • Medical expenses incurred before the death.
    • Funeral and burial costs.
    • Loss of income and financial support.
  • Non-Economic Damages:
    • Loss of companionship and emotional support.
    • Pain and suffering experienced by the deceased before their death.
  • Punitive Damages: In cases of gross negligence or intentional harm, some states allow punitive damages to punish the defendant.

Legal Standing of the Plaintiff

Not everyone can file a wrongful death lawsuit. State laws determine who has the legal standing to bring a claim on behalf of the deceased.

  • Eligible Parties:
    • Immediate family members, such as spouses, children, and parents, are typically the first to have standing.
    • Extended family members, such as siblings or grandparents, may be eligible in some states if no immediate family exists.
    • A representative of the deceased’s estate may file the claim on behalf of beneficiaries.

Legal standing ensures that only those directly affected by the loss can pursue compensation.

Common Types of Wrongful Death Cases

Wrongful death cases arise in circumstances where the negligent, reckless, or intentional actions of another party result in the untimely death of an individual. 

Automobile Accidents

Car accidents are a frequent cause of wrongful death claims. They often result from negligent or reckless driving behaviors that put others at risk.

Examples:

  • Drunk Driving: Drivers under the influence of alcohol or drugs causing fatal collisions.
  • Distracted Driving: Texting or other distractions leading to accidents.
  • Speeding or Reckless Driving: Ignoring traffic laws or driving aggressively.

According to the National Highway Traffic Safety Administration (NHTSA), in 2021, approximately 42,915 people died in motor vehicle crashes in the U.S., some of which involved negligent behavior.

Medical Malpractice

Medical malpractice is one of the leading causes of wrongful death cases. These occur when healthcare providers fail to meet the accepted standard of care, leading to fatal outcomes for patients.

Examples:

  • Misdiagnosis: Failure to diagnose conditions like cancer or heart disease in time to provide life-saving treatment.
  • Surgical Errors: Mistakes during surgery, such as operating on the wrong site or leaving instruments inside the patient.
  • Medication Errors: Administering the wrong medication or dosage.

A 2016 study by Johns Hopkins University estimated that medical errors are the third leading cause of death in the U.S., accounting for over 250,000 deaths annually.

Defective Products

Defective products can lead to fatal injuries, resulting in wrongful death claims against manufacturers, designers, or distributors.

Examples:

  • Defective Vehicles: Faulty brakes, airbags, or other safety features causing fatal crashes.
  • Unsafe Medical Devices: Devices such as pacemakers or implants fail to function correctly.
  • Toxic Consumer Products: Products containing dangerous chemicals leading to fatal illnesses.

The Consumer Product Safety Commission (CPSC) tracks deaths related to defective products annually and enforces recalls to prevent further harm.

Workplace Accidents

Fatal workplace accidents often occur in the construction, manufacturing, and transportation industries. These cases usually involve unsafe working conditions or employer negligence.

Examples:

  • Construction Site Accidents: Falls from heights, equipment malfunctions, or collapsing scaffolding.
  • Exposure to Hazardous Materials: Fatal illnesses caused by long-term exposure to toxic substances like asbestos.
  • Transportation Accidents: Fatal injuries from crashes involving company vehicles.

Nursing Home Negligence

Nursing home neglect and abuse can result in the wrongful death of elderly residents who depend on caregivers for safety and well-being.

Examples:

  • Medical Neglect: Failure to provide necessary medications or medical care.
  • Physical Abuse: Fatal injuries caused by intentional harm.
  • Unsanitary Conditions: Infections spreading due to poor hygiene practices.

People Who Can File a Wrongful Death Lawsuit

State laws dictate who is eligible to file a wrongful death lawsuit. Typically, the right to file is granted to individuals who have suffered financial or emotional losses due to the decedent’s death.

Primary Parties Eligible to File

1. Immediate Family Members

  • Spouses: The deceased spouse has the first right to file a claim.
  • Children: Biological and adopted children of the deceased can file, as the loss of financial support and guidance directly impacts them.
  • Parents: If the deceased was a minor or unmarried adult, parents may have the right to bring a lawsuit.

2. Extended Family Members

  • In some states, siblings, grandparents, or other relatives may file if no immediate family members exist or are eligible.
  • Eligibility often depends on financial or emotional dependence on the deceased.

3. Representatives of the Estate

  • A court-appointed representative of the deceased’s estate can file a wrongful death claim on behalf of the beneficiaries. This ensures that any awarded damages are distributed appropriately.
  • Many states require the representative to act in the best interest of all beneficiaries and provide an equitable distribution of any recovery.

Limitations on Eligibility

  • In most jurisdictions, friends, distant relatives, or unrelated parties are not allowed to file wrongful death lawsuits unless explicitly authorized by law.

When Can Survivors File a Wrongful Death Lawsuit?

Survivors can file a wrongful death lawsuit when there is:

  • Negligence or Intentional Actions: The death resulted from the defendant’s failure to exercise reasonable care or from intentional harm. Examples include a car accident caused by a drunk driver or a death resulting from an assault.
  • Direct Causation: A clear link exists between the defendant’s actions and the death. Evidence such as medical records, accident reports, or expert testimony is essential to establish causation.
  • Adherence to the Statute of Limitations: The claim is filed within the state-mandated timeframe. For instance:
  • Eligibility of the Plaintiff: The individual filing the claim has legal standing, as determined by state law, ensuring that only those directly impacted by the death can pursue legal action.

Survivors can file a wrongful death lawsuit when the negligent, reckless, or intentional actions of another party cause an individual’s death. State-specific statutes and legal principles govern the circumstances and timing of filing.

 

FAQs

What determines wrongful death?

Wrongful death is determined when a person’s death is caused by another party’s negligence, recklessness, or intentional actions. To establish wrongful death, the plaintiff must prove duty of care, breach of duty, causation, and resulting damages.

What evidence should be admitted in a wrongful death suit?

Evidence admitted in a wrongful death suit includes medical records, autopsy reports, witness statements, accident reconstruction analysis, expert testimony, and financial records to establish causation, liability, and damages.

What are the chances of winning a wrongful death lawsuit?

The chances of winning a wrongful death lawsuit depend on the strength of the evidence, the ability to prove negligence or intent, and the quality of legal representation. Success often hinges on presenting clear and compelling proof of causation and damages.

What is an example of a wrongful death suit?

An example of a wrongful death suit could involve a fatal car accident caused by a drunk driver. The deceased’s family may file a lawsuit seeking damages for medical bills, funeral expenses, lost wages, and emotional suffering due to the driver’s negligence.

How do you fight a wrongful death lawsuit?

To fight a wrongful death lawsuit, a defendant can challenge the claim by disputing causation, liability, or damages. This may involve presenting evidence of contributory negligence, arguing the lack of a duty of care, or questioning the validity of the plaintiff’s claims with expert testimony and procedural defenses.

What is the difference between wrongful death and survival action?

The difference between wrongful death and survival action is that wrongful death compensates surviving family members for their losses, such as loss of companionship or financial support, while survival action seeks damages for the decedent’s pain, suffering, and economic losses incurred before death.

Attorney Advertising: The information contained on this page does not create an attorney-client relationship nor should any information be considered legal advice as it is intended to provide general information only. Prior case results do not guarantee a similar outcome.

 

Work Injury – Does Your Employer Have Worker Comp

This Blog was brought to you by the J.A. Davis & Associates, LLP – Accident Injury Lawyers principal office in San Antonio

How to Determine Whether or Not Your Employer Purchased Workers’ Compensation Insurance

Texas, unlike most other states, does not make it mandatory for employers to purchase, or “subscribe” to, workers’ compensation insurance. The manner in which you pursue litigation regarding an oil industry accident depends on whether the employer subscribed to workers’ comp, or was a workers’ comp “non-subscriber” and did not purchase the insurance. The way you go about trying to obtain compensation in the event of an oil industry injury varies greatly depending on which description fits the employer in question, and the reasons why will be detailed later in this article. More information our San Antonio Workers Comp Lawyer here
It can be oftentimes difficult to determine whether or not an employer is a subscriber to workers’ comp. Many employers, after an accident occurs that results in an injury to a worker will claim it is a subscriber in order to keep from being the subject of a lawsuit filed by either an injured worker or the family member of a worker wrongfully killed in an accident. The opposite can be true as well. Some companies will feign not having workers’ comp insurance when, in fact, they really do. They do so because they are trying to avoid seeing their premiums raised after an accident. More information our San Antonio Work Injury Lawyer here The oilfield accident attorneys with our Law Office have been practicing personal injury law and wrongful death law for the last two decades. During that time, we have seen many instances where companies have attempted this kind of blatant deception. No matter what the employer chooses to tell you, we know how to correctly determine the status of a company’s worker’s compensation insurance. We can help you, no matter if the company was a subscriber or a non-subscriber.

Benefits of Workers’ Compensation Insurance

When an employer purchases workers’ compensation insurance, it buys more than just insurance; it also purchases protection against legal action taken by employees who are injured on the job. If an employer has legitimate workers’ comp coverage, then an injured employee cannot sue that company. That employee must file an insurance claim through the correct channels through his or her workers’ compensation insurance provider.

There are many instances, however, where an insurance carrier’s idea of fair compensation for lost wages, pain and suffering, and medical expenses is one that does not come close to adequately compensating an injury victim for the actual expenses that have been accumulated by that victim. But because our oilfield accident lawyers have been dealing with this type of litigation for 20 years, we know that there can often be other liable parties other than the employer in an oil industry accident. Other potentially responsible parties include the owner of the property where the oil is being drilled; the person who owns the oil rig or oil platform, and the vendors responsible for providing any potentially faulty machinery (such as the steel lingers that are inserted into earthen tunnels that have been drilled). Either one or a combination of more than one, of these parties can be found to have either negligently contributed to an oil industry injury or to have caused it outright through negligence. It is very commonplace for more than one party to have played some kind of role in an oilfield accident, and the lawyers with our Law Office have extensive experience in investigating accident scenes in order to identify all the parties that are liable.

You might be 100 percent sure that your employer subscribed to workers’ compensation insurance, but it can still be worth your time to call us for a confidential and free consultation. We can tell you whether or not the employer’s workers’ comp policy is sufficiently meeting your needs, and whether or not there may be another party or parties that you can take legal action against in order to try and obtain fair compensation.

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