Schuelke Law Steps Up to Address Big Truck Accident Cases in Austin, TX

One thing is certain when a passenger vehicle is involved in an accident with a big rig. Either the driver and/or passengers of that vehicle are going to sustain serious, life-altering injuries or die. The weight of an 18-wheeler can be fully loaded up to 80,000 pounds. The lowest weight a large truck can be is around the 25,000 pounds mark. The larger the truck, the more devastating and lethal the damage. 

In one incident, police were called about two vehicles involved in a minor accident. Seeing the accident, several drivers stopped to check if help was needed – a pickup, a semi-truck cab, and two passenger cars. A few minutes later, all three vehicles at the side of the road were struck by a white Freightliner semi-trailer in the far left lane that slammed into the crash scene. 

There was speculation that the driver of the 18-wheeler might face charges if he had been driving in the fast lane, which is not allowed on that section of the road. Signs close to the crash site said, “No Trucks Left Lane.”

Four people were killed in the collision. One victim died at the scene of the collision, and one died after making it to the hospital. Two were critically injured and taken by ambulance to the nearest hospital.

“In a case such as this,” said Austin wrongful death lawyer Brooks Schuelke, who is not involved in the case, “the evidence is crucial. It goes to prove or disprove negligence on the part of the Freightliner driver.” 

The law in Texas states that the survivor(s) of a person killed by the negligence of another can sue for damages in the aftermath of the wrongful death. 

In Texas, the deceased’s spouse, parents, and children, or one or more of those survivors, may file a wrongful death lawsuit. “However, should the surviving spouse, parents, or children not file within three months of the date of the death, an administrator or executor must file unless the family does not wish to file,” Schuelke explained.

Damages are typically another issue that a wrongful death attorney assesses in wrongful death cases. In the Lone Star State, damages are awarded to the surviving spouse, parents, and children. Damages in Texas can compensate for a range of injuries, including:

• The value of lost inheritance or savings.
• Lost income or other financial support.
• The survivor’s mental pain and anguish.
• The lost comfort, love, and companionship of the deceased.
• The value of lost household services the deceased would have provided.

Texas courts can also award punitive or exemplary damages if a death was the result of a “wilful act or omission or gross negligence.” The wrongful death statute of limitations in Texas is two years from the date of the person’s death. 

“Wrongful death lawsuits can be incredibly complex and overwhelming for the survivors. We’re here to help. Contact us to find out your legal rights and how to file a wrongful lawsuit if that is what you wish to do,” Schuelke added.