Posted by : attorney stevelee

Fatal Drunk Truck Driver Collisions

Due to the size and weight of commercial trucks, truck accidents are far more likely to cause fatalities than are passenger vehicle collisions. These accidents frequently leave behind devastated family members trying to cope with the tragic loss of their loved one.

Texas Drunk Driving Laws

Holders of a Commercial Driver’s License (CDL) who refuse to submit to a chemical test will have their license disqualified for one year. CDL holders with a blood alcohol concentration of .04 percent or higher while driving a commercial vehicle, or .08 percent or higher in any vehicle, will also have their license disqualified for a year. If the commercial vehicle has hazardous materials placards, the CDL will be disqualified for three years. Should the commercial driver commit a second DUI while driving any vehicle, he will be prohibited from driving a commercial vehicle for life.

Wrongful Death and Survivor Lawsuits

In Texas, only the spouse, children, or parents of the deceased may bring a wrongful death lawsuit, and the claim must be filed within two years of the date of the victim’s death. If multiple family members wish to bring a claim, they may choose to file either separately or together. When none of these parties file a wrongful death claim within three months of the victim’s death, the estate’s personal representative or executor may file the claim instead.

If damages are awarded, they are divided among the surviving family members in proportion to the injury they have suffered, as determined by the court. These damages may include compensation for:

  • Loss of earnings capacity and inheritance, including money the deceased would have likely saved and left behind for surviving family members, had he lived a normal lifespan.
  • Mental anguish, emotional pain and suffering.
  • Loss of companionship, love, comfort, support, advice and counsel provided by the deceased.

You Need an Experienced Attorney

When you’ve lost a loved one due to the irresponsible actions of a drunk truck driver, you need professional legal representation to obtain a fair judgment or settlement for your family at this difficult time. Only a Texas attorney experienced in both drunk driving accidents and wrongful death claims has the breadth of knowledge your case requires. To learn more about what the law offices of Steve M. Lee, P.C., can do for you, visit us on Facebook.

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