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GET A FREE CONSULTATIONAttorneys Handling US Rt 285 Traffic Accident Fatality Cases
Who Can Be Held Liable?
You deserve compensation for what occurred. To achieve fair and full compensation for damages, retain the services of an experienced personal injury lawyer. Truck accidents are treated differently than a standard auto accident; your accident may involve several liable parties, including:
- Truck driver
- Trucking firm
- Truck manufacturer
- Truck maintenance company
- Truck cargo loading firm
- Truck parts manufacturer
- Oil or gas company
The first step in filing a claim or lawsuit is identifying all liable parties. This process requires the assistance of an experienced truck accident lawyer.
Traffic Fatalities on US Rt 285 – The Facts.
US Rt 285 is a dangerous stretch of highway, and the statistics on fatalities prove the point.
- Ector County, home of Odessa, reported more than 5,000 wrecks, almost double the amount from two years before.
- Since 2016, crashes in the Permian Basin are up 67 percent.
- Fatalities have increased by 97 percent.
- TxDOT reports that although 1.6 percent of the state’s population lives in the region, 12 percent of all traffic fatalities occur there.
- In a recent year, 93 people died as a result of their injuries in the Texas side of the Permian Basin.
Why is US Rt 285 The Location of So Many Deaths?
US Rt 285 was built to provide service to the farming communities along its route, not for an endless stream of 18-wheelers and other commercial trucks, weighing up to 80,000 lbs. The reasons behind the staggering numbers of accidents on the road include:
- Inexperienced, barely-trained truck drivers operating 18-wheelers.
- Fatigued drivers who have worked ten or eleven days straight, fourteen hours per day.
- Distracted drivers on cell phones, on video calls, eating, or other behavior.
- Commercial vehicles that are in such heavy use that they are poorly maintained.
- Alcohol and drug intoxication.
- Speeding.
- Giant potholes resulting in a rollover, jackknife, or other truck accident.
Injured on US Rt 285?
If you were injured, or a loved one was injured or died, you are facing some of life’s most difficult challenges. You may believe that you will be treated justly and fairly regarding compensation. The unfortunate truth is that commercial insurance companies are in the profit-making business, and will attempt to pay as little as possible, a standard practice.
To recover full and fair compensation, you need a personal injury attorney to negotiate the terms of your settlement – or take your case to court when necessary. At Sorey & Gilliland, LLP, our legal team practices personal injury law exclusively, in both Texas and New Mexico. We offer a free case consultation to people injured on US Rt 285, and to families who have lost a loved one in a truck accident in the Permian Basin region.
Wrongful Death Claims: Fatalities on US Rt 285
In both Texas and New Mexico, certain close family members have the right to file a wrongful death claim if the death is the result of a negligent or reckless act. These claims are filed in civil court in the state where the accident occurred. The types of compensation sought include:
- Loss of compensation: If your deceased family member worked and provided income support to the family, the amount he or she would have earned over a lifetime is calculated as part of the damages.
- Loss of consortium: Consortium is the support, affection, companionship that your loved one provided to you and your family, including intimate spousal relations.
- Emotional and mental anguish: A financial value is placed upon the emotional devastation, pain, and grief you and your family are experiencing as a result of the untimely death.
How Do Wrongful Death Claims Work in Texas?
In Texas, the law outlining wrongful death claims is found in the Texas Civil Practices and Remedies Code Chapter 71. The law outlines who has the right to file a complaint and under what circumstances. In essence, the injuries leading to death must be the result of a “wrongful act, neglect, carelessness, unskillfulness or default.” The persons who have the right to file a wrongful death claim include:
- Surviving spouse
- Surviving children
- Parents of the deceased
- The executor of the estate in some cases.
How Do Wrongful Death Claims Work in New Mexico?
In New Mexico, the process is similar. Under the New Mexico Statutes, 41-2-1, if a death is the result of the wrongful act, neglect, or default of another, the responsible party(ies) can be held liable for damages. Those who have the right to sue for damages in a case of wrongful death in New Mexico include:
- Widow of the deceased
- Children of the deceased
- Parent or parents of the deceased
- A personal representative of the deceased
Why Choose Sorey & Hoover, LLP?
When you need a personal injury lawyer, you want to be confident that your case will be given the attention it deserves, and that you will be kept informed. At Sorey & Gilliland, LLP, we have established a client-centered law firm, dedicated to providing personalized service and care.
Call Us Today
We invite you to connect with our legal team at Sorey & Hoover, LLP immediately if you have lost a loved one on US Rt 285. We offer a free case consultation – whether we take on your case or not – and we provide legal services on a contingency fee basis. You will owe no legal fees unless we win. Call us at 903-230-5600. If you cannot make it to our offices, we could come to you.