Texas Accident & Injury News
Multi-vehicle accidents often result in severe injury.
1 Dead, 6 Hospitalized After Multi-Vehicle Accident in Blanco County
According to a KSAT News report, a driver was killed after veering into oncoming traffic today.
Police reported the accident occurred on U.S. Highway 281, not far from Alamo Lane, about an hour and a half North of San Antonio on Tuesday morning. A driver of a Camaro was reportedly traveling south when the veered into the northbound lane for unknown reasons. They struck a Toyota Highlander and a Honda Accord that was traveling behind the Highlander. The driver of the Camaro died of their injuries at the scene. Six others were airlifted to nearby hospitals, including 2 men, 1 woman, and 3 children. The investigation is ongoing.
Did You Know?
Head-on collisions cause ∼14% of all traffic fatalities per year in the United States.
Can You Sue if the At-Fault Driver Died in the Accident?
In Texas, it’s not uncommon to hear horrific stories of drunk drivers dying in accidents that injure many innocent people. Are you still able to sue for damages if the person who caused the accident dies?
Yes, you can still recover compensation if the at-fault party is killed in the accident. While the process will be slightly different, your right to compensation remains the same.
You Still Have a Case If the At-Fault Driver Dies in the Accident
In Texas, fault is determined by how much a person contributed to the accident. If a driver is more than 50% responsible, they will be required to pay damages. Whether the at-fault driver lives is not relevant to your right to compensation.
The insurance company of the deceased driver will still be responsible for paying the claim. However, these claims are complicated because proving fault can be tricky if the driver does not survive.
If the insurance company refuses to come to a fair settlement, filing a lawsuit against the driver’s estate may be necessary.
Filing a Lawsuit Against a Deceased Driver’s Estate
This is where the claims process is different from other accidents.
As long as there is sufficient coverage, the insurance company will still be responsible for paying the damages. However, your lawsuit will be filed against the decedent’s estate. An estate is simply the assets and property a person leaves behind when they die, and the probate process divides these assets to fulfill debts and allocate the things promised to others in the deceased’s will.
If there is not enough coverage in the insurance policy, you will need to recover the difference from the victim’s estate in probate court or file a claim with your own uninsured/underinsured motorist coverage.
Throughout the process, you and your attorney will be dealing almost exclusively with the insurance company. You will not likely deal with the deceased’s loved ones and family members, even if a lawsuit is filed.
Call Carabin Shaw Wrongful Death Attorneys for Your Injury Claim
If you were hurt in an accident, you may be entitled to compensation for:
- Ambulance Costs,
- Medical Bills,
- ER Treatment,
- Ongoing Care,
- Missed Work,
- Loss of Earning Capacity,
- Anxiety/PTSD,
- Depression,
- Wrongful Death,
- And More.
We can help you find out for free.
Call Carabin Shaw’s wrongful death attorneys at 800-862-1260 for a free, no-obligation case evaluation to learn the legal options available to you. 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.