A loved one is suddenly gone with no chance for one last goodbye or an, "I love you." This is often the case when an accident occurs due to the negligence of someone else. After the initial shock comes the grieving process and at some point, the prospect of taking action with a wrongful death lawsuit. Two Texas families have filed a wrongful death lawsuit after their loved ones were killed in a horrifying collision.
The two men had slowed down for construction on Interstate 20 when their Nissan Sentra was rammed from behind by a Dodge diesel towing truck. The truck was towing a piece of 20,000-pound equipment to be used on an oilfield. The sedan hit the guardrail on the side of the road, but the collision was so severe that the truck ended up on top of the sedan. It was not the gruesome crash that killed the men, but the fire that began as a result of the collision.
An inspection of the truck's airbag control module revealed the brake was not applied until just before it hit the sedan, leading one of the plaintiffs' attorneys to believe the truck driver was distracted as he was bearing down on the traffic before him. The trucker was issued a citation for speeding regarding the crash. The lawsuit not only names him as a defendant but also the company for which he drives.
There is a reason so many states, including Texas, have a distracted driving law. While cell phones are not the only distraction a driver faces, total focus should be on the traffic around anyone driving a vehicle. Causing an accident can lead to either a personal injury or a wrongful death lawsuit, depending on the severity of the injuries. An experienced attorney can meet with family members to discuss options and present a specific plan of action.