Losing a loved one is never easy, but when the death results from a reckless and criminal act such as driving while intoxicated, it can be even harder to cope with the loss and move forward. Filing a wrongful death lawsuit against the at-fault party in this situation could give your family the justice, closure and financial compensation you deserve. Make sure to speak with a wrongful death lawyer in San Antonio for legal guidance.
The Deadly Consequences of Drunk Driving
Alcohol impairment was identified as a factor in the deaths of 14,389 Texans from 2014 to 2023, according to data collected by the Texas Department of Transportation. More than one-third (37 percent) of all traffic fatalities in the state in this period involved drunk driving. Over the last 10 years, 2022 had the highest number of drunk driving accident fatalities (1,654).
Driving under the influence of alcohol is an extremely dangerous crime that dramatically increases the risk of severe and deadly automobile accidents. Drunk drivers cannot safely control their vehicles. They are prone to reckless and dangerous actions behind the wheel, such as speeding, tailgating, red-light running, making unsafe lane changes, driving the wrong way and falling asleep. A car accident attorney in San Antonio will be here to help you.
If a driver is guilty of driving while intoxicated, he or she can face criminal and civil consequences. This includes a wrongful death claim filed by the deceased victim’s family. A successful wrongful death claim can require the drunk driver to pay for losses caused by the death of the individual, typically through his or her automobile insurance policy.
Requirements for a Wrongful Death Lawsuit in Texas
If you tragically lost a loved one because of a drunk driver in Texas, you may have the right to file a wrongful death claim in pursuit of financial compensation for this serious loss. Below are the basic requirements to file this type of case:
- Meet the definition of “wrongful death.” Texas law (Texas Civil Practice and Remedies Code § 71.002) defines wrongful death as one caused by someone else’s “wrongful act, neglect, carelessness, unskillfulness, or default.” Driving while intoxicated falls under this definition.
- Have grounds to file. The burden of proof in a wrongful death claim rests with the plaintiff or filing party. It is up to you or your attorney to demonstrate that the death of your loved one was caused by negligent or wrongful acts committed by the accused party or defendant.
- Be an eligible plaintiff. Under state law, a deceased person’s surviving spouse, children and parents have the right to file a wrongful death claim. If these parties do not file within three months of the date of death, the personal representative of the estate must file instead.
- Provide evidence. Establishing a wrongful death claim after a fatal drunk driving crash will take clear and convincing evidence, such as a police accident report, a driving under the influence (DUI) criminal conviction, eyewitness statements and expert testimony.
- File before the deadline expires. The party or parties filing a wrongful death claim must do so within Texas’s legal deadline. According to Texas Civ. Prac. & Rem. Code § 16.003, wrongful death cases must be brought within two years of the date of the deceased person’s death, with some exceptions.
Your family may have grounds to file a wrongful death claim against a drunk driver as well as the establishment that furnished the driver with alcohol, such as a bar or restaurant, depending on the circumstances. Bringing a cause of action can give you the answers and accountability you need, in addition to compensation for losses such as funeral and burial costs. Contact a wrongful death attorney in San Antonio today to discuss a specific case during a free consultation.