Losing a loved one in a fatal car accident due to the negligence of another party is challenging to process. It is a tragedy that did not have to happen. Now, your family is grieving and facing serious financial repercussions. A compassionate San Antonio car accident lawyer at Patterson Law Group can help you by holding those responsible for your loved one’s death liable. Compensation from a wrongful death lawsuit can soften the economic blow. Contact us today for a free consultation. We’re happy to answer your questions.
San Antonio Fatal Car Accident Statistics
In 2021, San Antonio police responded to a record-breaking 205 deadly crashes. This data includes fatal accidents involving motor vehicles and also pedestrians and bicyclists struck and killed by cars. According to San Antonio Police Department, most of these accidents were preventable.
Culebra Road is the most dangerous in San Antonio. It has had 48 fatal crashes between 2012 and 2022. The deadliest highway is Loop 1604, encircling the city, often called the Death Loop. Between 2013 and March 2023, there have been 110 fatal collisions.
Common Causes of Fatal Car Accidents
Every fatal car accident is a unique tragedy, but the causes of most deadly crashes are relatively common and include the following:
- Distracted Driving
- Driving under the influence
- Failure to yield
- Falling asleep at the wheel
- Reckless driving
- Running stop signs or traffic signals
How Do I Know If I Have a Wrongful Death Claim After a Fatal Car Accident?
Essentially the criteria for filing a wrongful death claim is as follows—had the person survived the accident, they could have filed a personal injury lawsuit against the negligent parties who caused the crash. In a sense, you are filing a wrongful death claim because your loved one cannot pursue justice.
Who Can File a Wrongful Death Claim in San Antonio?
Under Texas law, only certain people can file wrongful death claims, such as the surviving spouse, children, or parents of the deceased. If these family members do not file within three months of the death, the personal representative of the deceased’s estate may file a lawsuit on their behalf.
Statute of limitations
The statute of limitations for filing a wrongful death lawsuit after a fatal car accident is two years after your family member’s death date. Note that this is not necessarily the date of the accident.
However, if the accident involved a vehicle owned by a government agency, the statute of limitations is much shorter. Much depends on the government agency involved, but the period may be as short as 90 to 180 days. That is why it is critical to consult a car accident attorney in San Antonio as soon as possible.
Proving Negligence in a Fatal Car Accident
Most Texas car accident lawsuits are based on another party’s wrongful act, neglect, reckless behavior, or carelessness. To prove negligence in a lawsuit, you must prove that they had a duty to avoid harming your loved one. However, they breached that duty, and this breach was the proximate cause of your loved one’s death. In addition, proving negligence requires evidence. Although you and your family are grieving the loss of your loved one, it is vital to speak with a car accident lawyer as soon as possible. Along with obtaining police and medical reports, we could collect crucial evidence, including surveillance videos, dashcam footage, or CCTV video, before it is erased.
Compensation for Fatal Car Wrecks in San Antonio
Compensation, or damages, for fatal car accidents in San Antonio, may include:
- Funeral and burial expenses
- Lost income
- Value of household services provided by the deceased
- Loss of love and companionship
- Survivor’s mental pain and anguish
- Lost inheritance
How Our San Antonio Fatal Car Accident Lawyers Can Help You
If your loved one died due to another person’s negligence or recklessness, you need the services of an experienced San Antonio personal injury lawyer at Patterson Law Group. Schedule a free, no-obligation consultation today. Since we work on a contingency basis, there are no legal fees–unless you receive compensation. While most wrongful death claims are settled, we will go to trial if the insurance company fails to agree to a reasonable settlement.