Texas law permits people who lose their loved ones in collisions to pursue wrongful death claims. Generally, such claims assert that the defendant’s negligence caused the decedent’s death. Establishing that a defendant’s careless driving caused an accident can be challenging, especially when they are the only surviving party that witnessed the crash. Recently, in Pleasant v. Tomas Granados Hernandez & Universal Tire & Wheel, Inc. (NO. 14-21-00617-CV), the court discussed what constitutes sufficient evidence to demonstrate negligence in a wrongful death case arising out of a car accident. If you lost a loved one in a car crash, you might be owed damages, and you should speak to a Texas truck accident attorney as soon as possible.
Factual and Procedural History of the Case
It is reported that the decedent was driving south on a Texas highway in October 2018. The defendant was approaching from the north in a box truck. When the two vehicles approached one another, the decedent suddenly crossed the center line. The defendant did not adjust his lane of travel, and the decedent subsequently struck the side of his vehicle, began spinning, and collided with a trailer being towed by a third vehicle.
Allegedly, the decedent sustained fatal injuries in the crash. As such, the plaintiff brought wrongful death claims against the defendant, alleging his negligence caused the decedent’s death. The defendant moved for summary judgment, and the trial court granted his motion. The plaintiff appealed. Continue Reading