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Wrongful death suit may follow criminal charges against driver

November 9, 2012
by Ted B Lyon & Associates

While driving, Texas residents are constantly scanning the road for the presence of hazards that could lead to an accident. Debris in the roadway, the presence of pedestrians, other traffic in nearby lanes, all of these conditions factor into a driver’s choices while driving. In some situations, however, circumstances occur that are outside of the norm, and pose a unique challenge to a driver. Recent criminal charges against one driver give an excellent example of such a scenario, and could lead to an eventual wrongful death suit.

The incident took place in the early morning hours of a recent Friday morning. A 31-year-old man was driving eastbound on Texas 151 when he encountered a vehicle speeding toward him. That car was driven by a 29-year-old woman who was driving on the highway in the wrong direction. The resulting collision caused grave injury to the man, who was rushed to a local hospital. He passed away an hour later from injuries sustained during the wreck.

Police are unsure at what point the woman entered the highway heading in the wrong direction. They received a call reporting her vehicle just moments before the wreck. She has now been charged with intoxication manslaughter, although there is no report of her blood alcohol level at the time of the crash.

For the family of the man killed in this terrible Texas accident, there are no words to ease their grief. They are likely still trying to come to terms with their loss, as well as adjusting to the shift in their family structure that has resulted. While the outcome of the criminal trial may bring them some form of comfort, they also retain the right to move forward with a civil suit for wrongful death in the matter. A successful civil suit could help them to pay for the cost of his medical care, property damages and also the expenses associated with his funeral.

Source: MySanAntonio.com, “Woman charged in fatal wrong-way crash,” Ana Ley, Oct. 30, 2012

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