This is the next post in our series on the handling of wrongful death cases in Fort Worth, Texas. Our last article discussed how Texas’ comparative fault law applies to wrongful death or “survival” actions. It is important for the heirs of a deceased victim to understand that they may still be able to recover damages, even if the victim was partially to blame for the accident. It is important to speak with an attorney as soon as possible as the issue of whether or not one can recover is going to be situation specific. In this article we will discuss another important topic – the handling of wrongful death cases which involve multiple defendants. If you find yourself requiring assistance in such a matter then it is suggested that you contact a personal injury lawyer immediately.
Fort Worth employers can be liable for wrongful deaths caused by their employees
It is not uncommon for wrongful death matters to involve multiple defendants. This is especially true in matters involving commercial vehicles (such as trucking accidents and some car accidents). A Fort Worth, Texas employer will generally be held liable for the acts of their employees. This means that the owner of a commercial vehicle will be responsible if their employee drives in a negligent fashion and causes an accident. In addition to the negligence of the employee, an employer may also be held responsible under other causes of action. These other causes of action can include claims for negligent hiring and supervision, etc.
The above-mentioned concepts are best explained through example. Suppose a pedestrian was hit by a commercial semi-truck. Now suppose that the truck driver had run a red light. Clearly, the driver and the employer would be responsible for negligence (as employers are responsible for the acts of their employees). If it is also shown that the driver has a poor driving history, or other such issues, then the employer may also be potentially liable for engaging in negligent hiring and/or supervision. The extent to which an employer will bear additional responsibility in such matters will always depend on the specific facts of the case.
Fort Worth residents should retain an attorney with significant resources when faced with a wrongful death case
Fort Worth residents should retain an attorney with meaningful resources for the handling of a wrongful death case. In cases which involve commercial defendants, it is possible that your counsel will have retained multiple experts while paying other costs in advance. If you retain a firm without the ability to pay these costs, then you run the risk of your matter not being handled properly. We suggest you retain a firm which employs multiple attorneys, which employs an on-staff investigator, and which has the financial backing necessary to deal with large corporate defendants.