Car Accident Deaths in 2017
In 2017 the number of vehicle miles traveled in the State of Texas reached a staggering 274.580 Billion. With that many miles traveled in Texas in one year, the number of car accident fatalities is unfortunately bound to be high.There were 3,721 Texas car accident deaths in 2017 and 182 of those accident deaths occurred in Dallas proper. According to the Texas Department of Transportation, on average, one person was killed in a Texas car accident every 2 hours and 21 minutes and there was not a single day in 2017 without a car accident fatality.
Of those 3,721 Texas fatalities, 1,024 fatalities involved a driver that was under the influence of alcohol and 449 involved a distracted driver. Think about that; almost 40% of Texas car accident fatalities in 2017 involved a driver who was distracted or under the influence of alcohol. Depending on the specifics of the case, if driving under the influence or distracted driving rises to the level of gross negligence, a plaintiff may seek to recover exemplary (punitive) damages in addition to other recovery options discussed below. If your loved one died in a car accident involving distracted driving or alcohol impairment, contact a Dallas car accident attorney at the Law Office of Dorothy Hyde to discuss the details of your case and learn about your economic recovery options.
Who is permitted to recover in car accident fatality cases?
There are two actions often brought in car accident fatality cases: wrongful death and survival actions. Generally, the people permitted to recover in one or both wrongful death and survival actions include parents, children, spouses, and heirs.
What Damages May be Recovered After a Car Accident Death?
Wrongful death and/or survival actions can be brought separately, but they are often brought together. The purpose of a wrongful death claim is to compensate plaintiffs for damages they suffered as a result of losing the deceased. Those damages often include the following:
- loss of love, companionship, guidance,and financial support
- medical bills
- funeral and burial expenses.
A survival action is intended to compensate the deceased’s estate for losses suffered by the deceased often including the following:
- property damage
- pain and suffering
- medical bills
- lost wages
As mentioned above, in some cases exemplary damages may be recoverable if you can show that the at-fault driver operated with gross negligence or malice. Gross negligence can be argued if you can show that the defendant exercised a complete disregard for the safety of others, while malice may be shown in cases of road rage or other intentional acts.
The statute of limitations provides the amount of time for which you have to file a claim and if you miss the statute of limitations, you are not allowed to ever file that claim.It is important to note that the wrongful death and survival actions have different statutes of limitations that begin to run at different times. Yes it is complicated and yes you should speak with an experienced Dallas car accident attorney at the Law Office of Dorothy Hyde to sort through all of the issues and legalities connected to your case.