A true tragedy happened on February 20, when a 10-year old riding her bicycle fell into traffic, losing her life after being struck by a passing SUV. The accident happened in West Bexar County, in the Valley Ranch area, and while law enforcement does not anticipate filing any charges in the matter, it can be hugely traumatic for both the driver and the family of the deceased person when accidents like this occur. No criminal charges also does not mean that the family of the girl cannot file a civil lawsuit. If this happens to your family, you need to make sure you remain clear-headed as you determine how best to handle this.
Negligence Must Be Present
Despite how devastating they can be, not every accidental death is grounds for a wrongful death lawsuit. If you have lost a loved one in an accident, you must be able to show that their passing was the result of another person’s “wrongful act, neglect, carelessness, unskillfulness or default” – that is, you must establish that there was negligence or recklessness in their actions. If they could not have acted in any other way, or could not have acted any faster to stop the accident, there is no cause of action under Texas law.
In the Valley Ranch accident, for example, law enforcement saw no recklessness or negligence in the driver’s behavior because everything happened so quickly. The driver likely had no time to take evasive action or stop their vehicle – and if it is generally agreed that no reasonable person would have been able to stop or evade the girl on the ground, then it is not possible to call the driver negligent. The accident was horrible, but not necessarily avoidable.
Something to keep in mind if you are ever in this difficult situation is that only certain family members may file a wrongful death lawsuit under Texas law. As of this writing, only parents, spouses, and minor children may file – or the personal representative of the deceased person’s estate may do so after a certain period of time has passed. Unfortunately, aunts, uncles, and other more remote family members may not file, regardless of how close the relationship to the deceased person might have been.
If your case is successful, you may be able to recover damages for lost companionship and mental anguish, in addition to medical bills and the like. Obviously, no amount of money can ever bring your loved one back – but if you have been so unfortunate as to lose a loved one – in particular, a young child – there will be unexpected bills to pay after their passing, and recovering damages can be a great help, Also, if you decide to file suit, you may only do so within two years of the deceased person’s passing – which is not, despite what it sounds, a very long time frame.
Contact a New Braunfels Wrongful Death Attorney Today
While as of this writing, there is no word on whether the family of the girl will pursue civil damages, but if you ever lose a loved one in an automobile accident, you may want to explore the possibility, so as to help cover the unexpected bills that invariably come with losing someone. If you do, you need a skilled New Braunfels wrongful death attorney who can offer both knowledgeable and compassionate representation. The Bettersworth Law Firm will work hard for you. Please contact our offices today at 888-392-0039 for a free consultation.