A major rollover accident on Loop 410 led to six victims, including children, being ejected from an SUV. Two children and one adolescent lost their lives due to the crash. Four other individuals were critically injured. One of the victims of the crash was the 19-year-old daughter of a prominent regional pastor. Many of the victims of the crash were young children, and a one and two-year-old were transported to nearby hospitals for treatment.
The Chevrolet Suburban was traveling southeast around 1:20 am. The vehicle collided with the center barrier and then rolled into Rigsby Road and Presa Street in San Antonio, Texas. Police say it is not clear who was driving the vehicle at the time of the incident. Despite numerous children in the car, it appears no safety seats or seat belts were used.
If an investigation finds the driver or another person is responsible for the accident, the victims of the crash may have a personal injury or wrongful death claim against him or her. While the victims and their families may first try and deal with the at-fault party’s insurance company, they may have to turn to the Texas legal system for help. Individuals involved in auto accidents should contact an experienced San Antonio wrongful death attorney as soon as possible. An experienced lawyer will know how to handle insurance claims or move forward with a personal injury or wrongful death suit if necessary.
Texas Car Accident Deaths and Injuries
In 2015, about one person was killed in a crash every two and a half hours, according to the Texas Department of Transportation. The total fatality rate for last year was 1.43 deaths per one hundred million vehicle miles travelled, which amounted to 3,531 deaths. There was not a single day in 2015 that did not result in a traffic-related death in Texas.
A person was hurt in an auto accident every two minutes and eight seconds, DOT reported. There were 13,616 serious injury crashes in 2015, which led to 17,011 seriously injured individuals.
Texas Wrongful Death Claims
Like all states, Texas has its own unique wrongful death statute that determines who can file a wrongful death claim and when. A surviving spouse, children, or the parents of the deceased individual can file a wrongful death claim in their local court if their loved one was killed because of someone else’s negligence or intentional act. In order for the at-fault party to be liable, the person who was killed must have had a personal injury claim had he or she survived the accident.
Any damages won through a wrongful death case are divided among all individuals who are entitled to recover under the statute. This recovery is not subject to the deceased individual’s debts so it cannot be decreased by paying off debts first.
If you lost a loved one in an auto accident, do not hesitate to seek legal advice from an experienced New Braunfels wrongful death attorney. The lawyers of The Bettersworth Law Firm have helped individuals and families like you financially recover from these traumatic experiences, helping you move forward.