Waiting to U-Turn, Driver Rear-Ended Dies in Accident
Feb 22, 2021
Brooks Schuelke, Esq.
Schuelke Law PLLC
Austin, TX (Law Firm Newswire) February 22, 2021 – A rear-end accident recently took the life of a 32-year-old woman from Bryan, after a deadly collision in Robertson County, Texas. This fatal wreck ultimately involved three vehicles and 11 people.
The deceased was stopped inside the northbound lane of Texas 6, waiting to make a U-turn. She was rear-ended, sending her vehicle into the southbound lane where she was hit by a pickup truck. While she did make it to the hospital alive, she died shortly thereafter. The second individual in the vehicle was hospitalized with serious injuries.
The family of the deceased driver is entitled to file a wrongful death lawsuit that seeks damages for emotional distress, loss of companionship and pain and suffering. “While it is not clear just why she was rear-ended, the investigation of the matter should bring more evidence to light,” indicated Austin wrongful death attorney, Brooks Schuelke, not involved in this case. “It’s devastating losing a loved family member,” he added.
In situations like this one, a wrongful death attorney can revisit eye witness interviews, closely examine the evidence from the scene of the crash, and obtain phone and text records to determine the potentially liable party.
“It’s best to act soon after an accident, and contact an experienced personal injury attorney, particularly in the case of a death,” said Schuelke, “as evidence at the scene can be compromised or disappear, making a wrongful death case harder to prove.”
There are four key elements in wrongful death cases: negligence, breach of duty, causation and damages. In a snapshot, to prove negligence in a wrongful death case, it must be shown that the plaintiff’s death was caused, in part or in whole, by the recklessness or negligent actions of the defendant.
The plaintiff also needs to prove that the defendant owed a duty to the plaintiff, or deceased, such as motorists having the duty to drive with due care and attention and to obey all traffic laws and that duty was breached by driving carelessly.
In a wrongful death action, the plaintiff must prove how the defendant’s negligence caused the plaintiff’s death, referred to as proving causation, and also prove quantifiable damages – such as pain and suffering, hospital bills, funeral and burial costs.
“If you have lost a loved one in an accident, my door is open to you to discuss your case, your legal rights and how to move forward,” explained Schuelke.
Schuelke Law PLLC
3011 N. Lamar Blvd
Ste. 200
Austin, TX 78705
Call (512) 476-4944
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