Bystander claims can help family members who witnessed a traumatic injury to their loved one.
Two People Extracted from Vehicle, Bystander Treated at the Scene Following a Downtown Rollover Accident
According to a KSAT News report, three people were injured in a rollover accident last night.
Police reported the accident happened at around 9:30 p.m. Tuesday, July 16th, at the intersection of West César E Chávez Boulevard and South Pecos La Trinidad, not far from I-35 and the UTSA Downtown campus. Two vehicles stuck each other at the intersection, causing one to roll. Firefighters used Jaws of Life to rescue them from the vehicle. They were transported to the hospital, where they are expected to fully recover. A pedestrian in a wheelchair on the sidewalk was struck during the accident but was treated and released at the scene. No other injuries were reported. The investigation is ongoing.
Did You Know?
18% of crash fatalities in 2022 were pedestrians.
Bystander Claims in San Antonio: What You Need to Know
Very few things are as traumatic as watching a loved one be seriously injured or killed in an accident.
You probably already know that you usually can’t sue for damages after an auto accident if you were not hurt. However, Texas law recognizes that family members can suffer severe trauma that can negatively impact their lives from witnessing an injury or death of their loved one. So, close family members are allowed to bring a bystander claim to recover from that impact.
What is a Bystander Claim?
A bystander claim is brought by the victim in addition to a personal injury or wrongful death claim. A bystander claim can only be brought:
- If you are a close family member (parent, husband/wife, sister/brother, or grandparent) of the injured/deceased person,
- And you witnessed the accident.
Simply hearing about a severe or fatal injury to a loved one can have a traumatic effect, but it does not qualify you for a bystander claim. You must have been present and witnessed the accident firsthand.
Additionally, being close to the person is not enough — you must be closely related. For example, girlfriends/boyfriends, friends, and cousins do not qualify for this kind of claim.
How is a Bystander Claim Different from a Wrongful Death Claim?
The traumatic impact of a loved one passing is included in a wrongful death claim. So, how is it different than a bystander claim?
The key difference between a wrongful death and a bystander claim is who the claim is about. A wrongful death claim seeks to compensate close family members for the bereavement of a loved one, taking into account that person’s stolen future and the impact their passing has on the family financially and emotionally. The wrongful death claim is about the deceased individual.
A bystander claim seeks to compensate a specific individual for trauma of witnessing the tragic event, and does not have anything to do with the impact the passing will have the person’s life. A bystander claim is not about the deceased but about the individual who witnessed the event. That is why bystander claims are brought in addition to wrongful death or personal injury claims.
Help for Bystander Claims in San Antonio
If you witnessed a family member be severely hurt or killed in an accident, you may be entitled to compensation for:
- Emotional Distress,
- Trauma/PTSD,
- And Associated Treatment Costs.
We can help you find out if you qualify for free.
Call Carabin Shaw wrongful death attorneys at 800-862-1260 to schedule your free case evaluation with one of our attorneys. We put our clients first because we care. We look forward to serving you.
Contacting a Carabin Shaw attorney is free and does not obligate you to work with the firm.