Many fatal accidents these days occur on Texas roadways. These tragic accidents leave the families of the deceased struggling to go on without their loved one. By filing a wrongful death lawsuit against whoever may have negligently caused the death of their family member, families can begin the healing process.
The family of a car accident victim is just beginning this long process by filing suit against the suspected drunk driver who killed their loved one. The suit has been filed not only against the drunk driver, but also the bar who served her the night of the accident.
The accident occurred near an exit of Texas 151 when a woman driving the wrong way hit the man’s car head-on, killing him. The woman was charged with intoxication manslaughter.
The wrongful death suit has been filed by the man’s wife, daughter and both of his parents, against the allegedly reckless wrong-way driver. The suit also alleges that the La Bikina bar is responsible for serving the woman, who was clearly intoxicated at the time.
Wrongful death suits require that a party’s negligent behavior led to the death of a loved one. The family members filing the suit must have suffered some sort of monetary injury as a result of the death. A wrongful death claim commonly arises out of car accidents such as this one.
In drunk driving cases, Texas dram shop laws allow families of drunk driving accident victims to hold bars and other alcohol vendors responsible for injuries or deaths caused by an intoxicated consumer. Plaintiffs may have to prove that the bar sold alcohol to the person, and that the sale was related to the intoxication. They must also prove that intoxication was at least partially responsible for the injuries that occurred. If all of these things can be proven, a bar may be held liable for a drunk driving related death.
A wrongful death lawsuit will obviously not bring a loved one back. However, it can be an important step in both beginning the healing process and helping the family return to some semblance of normalcy.
Source: San Antonio Express-News, “Family of wrong-way wreck victim sues driver, bar,” Craig Kapitan, Feb. 19, 2013.