On-the-Job Wrongful Death Lawsuits and Texas Workers’ Compensation Insurance

Work-related fatalities involve specific Texas work injury laws. And about half of these tragic work-related events might involve workers’ compensation insurance, in which case your beloved family member’s employer status relative to workers’ comp must be quickly established when planning any wrongful death civil action. An employer covered by workers’ comp in Texas is immune to lawsuits, with one particular exception. If a worker is killed due to gross negligence by their employer, a wrongful death lawsuit can be brought against that employer. work place accident lawyers

A Texas wrongful death lawyer’s experience with both wrongful death cases and fatal work accident cases is a vital element when seeking compensatory justice against such a negligent employer. But the standard of proof is quite high if you are to establish a subscribing employer’s clear guilt of gross negligence. In the event that an employee dies while working for an employer protected by workers’ comp in which the employer only exercised standard negligence, a bereaved family can seek direct compensation for their loss only through the workers’ compensation insurance policy. But that amount is not likely to fully reimburse family members for the total lost income, or other damages from the fatal accident.

This is where the fatal work injury attorneys with our Law Firm begin to quickly investigate the accident in order to find other liable parties who may have been involved in some way, even if it was not overt, in contributing to the accident. This “third party” involvement is quite common in fatal workplace accidents. In instances where multiple parties bear liability for the death of a worker, a bereaved family may be able to seek compensation through a wrongful death lawsuit against every one of the “third” liable parties, in addition to filing for compensation through the workers’ comp policy that is carried by your family member’s employer. But there are also times when fatal injury accidents in the workplace are caused by defective products or machinery, which exposes the manufacturers to a possibly defective product lawsuit.

All of these issues can be quite challenging for those with little to no legal experience. But a well well-trained and experienced wrongful death attorney with our Law Firm is ready to use all his knowledge and skill to work for you so your loved one will not have died in vain.

Contact our wrongful death attorneys at our toll-free number 1(800) 862-1260 for a complimentary, confidential legal consultation. We can answer all your questions surrounding the possible pursuit of a wrongful death civil suit in Texas. Our goal is to help you come through this difficult time and strongly assert your family’s legal right to be fully compensated for your loss from all liable parties who are fully accountable for their negligent behavior. And with that peace of mind, you and your family can move forward with your lives, and you allow your deceased loved one to finally rest in peace.

18 Wheeler Accidents – Personal Injury Lawyers

Automobile accidents can be traumatic for everyone involved. However, 18 wheeler accidents in Texas are almost always much more devastating than passenger car collisions. Semi trucks can weigh more than twice as much as cars, have poor handling, and are difficult to stop. These already dangerous vehicles can lead to fatal accidents if they are in the hands of an irresponsible or negligent driver.

Reasons an 18 wheeler accident in may occur:

Driver fatigue: An exhausted or fatigued driver of an 18 wheeler is extremely dangerous to everyone on the road. Tired 18 wheeler drivers are not only less alert, but may also fall asleep and swerve into oncoming traffic. Sometimes 18 wheeler drivers will keep driving regardless of how many hours they have logged in order to stay on schedule.

Driver intoxication: Truckers who drive while under the influence of drugs or alcohol pose a serious danger to passenger cars. Their movements are often erratic and careless and can cause serious injury in the event of an accident. If you have been injured by an intoxicated driver, contact an 18 wheeler accident attorney   immediately.

Defective vehicle: Every component of an 18 wheeler must be maintained and in perfect working condition. Defective tires can fly off into traffic and cause serious accidents. Additionally, faulty brakes can prevent an 18 wheeler from stopping in time. A defective hitching system can also cause trailers to detach causing serious injury to other drivers.

Distracted driver: 18 wheeler drivers who are distracted in any way are hazardous to other drivers. Eating, drinking, cell phone usage, and other activities while driving can cause serious injury or even death.

Speeding: The chances of a truck driver causing a fatal accident increase significantly if he or she is speeding. Due to their massive size and weight, speeding trucks can cause catastrophic injury or death. If you have suffered an injury because of a speeding truck driver, contact an 18 wheeler accident lawyer as soon as possible.

Oklahoma City Tractor Trailer Accidents

In a single moment, an Oklahoma City tractor-trailer accident can change your life. Every year, millions of Americans are injured in automobile accidents. Regardless of how safely you drive, a negligent truck driver can cause you serious injury. Following are tips on what to do if you are involved in an Oklahoma City semi truck accident:

Tips for tractor trailer accidents in Oklahoma

Stay calm and call 911: If you are in a tractor trailer accident in Oklahoma City it is important that you do not panic. If you have a cell phone, immediately call 911. Emergency services can quickly assist you, your passengers, and the other driver.

Seek medical attention: Regardless of how minor you may perceive your injuries to be, you must seek medical attention immediately. A doctor can assess your wounds and prevent smaller injuries from becoming worse. Additionally, if you plan on filing a lawsuit, your medical record will prove to be invaluable to your case. Your tractor trailer accident attorney in Oklahoma City will explain more.

Call an attorney: Second to seeing a doctor, calling a tractor trialer accident attorney in Oklahoma City is the most important decision you can make after being in a tractor-trailer accident in Oklahoma. First, an experienced attorney can negotiate with insurers. Many insurance companies will offer you a significantly low settlement in order to resolve the issue as cost-effectively as possible. A skilled tractor-trailer accident lawyer in Oklahoma City can preserve your best interests and help you receive just compensation. Additionally, your attorney can also hire investigators to collect evidence and reconstruct the accident. By using other expert witnesses, a knowledgeable lawyer can greatly increase the strength of your case.

Keep a journal: After the accident, you should start keeping a journal detailing your injuries on a daily basis. Make sure you note any changes in your condition. You should also write down any special events or work days you have missed as a result of your tractor trailer accident in Oklahoma City.

Oklahoma City Trucking accident Settlements & Verdicts

Our representative verdicts and settlements include:

Our client obtained a settlement in excess of a case where a truck drove into the rear of a family pick-up that had slowed for traffic. The mother and child suffered minor injuries, and the father suffered a three level lumbar disc injury.

In a confidential settlement, we successfully recovered on behalf of a family whose vehicle was struck by wheels that fell off a tractor-trailer on the interstate. One passenger suffered a severe lower limb fracture, and the others also suffered significant injuries.

On behalf of the parents of a young child who died after their car was hit by a truck that continued driving after running off the entry ramp to an interstate in a snowstorm, we recovered the entire liability policy of $1,000,000 plus a settlement for additional personal contribution from the truck owner.

RESOLVED Oklahoma truck accident settlements

Our client was the driver of an oil field delivery truck, stopped on the interstate for traffic. His day rig was struck by a long-haul semi tractor-trailer. He suffered neck injury resulting in surgery.

Our client was a semi driver asleep in his cab at a truck stop. Another semi tractor-trailer began leaving the adjacent parking place. It turned too soon dragging its trailer into the cab of our client’s semi. He was injured as he was jostled about inside the cab, suffering a non-surgical back injury.

Our client was driving on a state highway when a semi tractor-trailer, stopping for fuel, turned in front of her. She suffered back injury that resulted in surgery.

Our client’s husband was driving a delivery van along a state highway in the Oklahoma panhandle. He attempted to pass a pick-up hauling road equipment when it turned left in front of him. Our client’s husband was killed.

Our client suffered a low back injury resulting in surgery when his semi tractor-trailer struck the rear of a semi tractor trailer which was entering the interstate. Our client could not move into the passing lane because it was occupied.

Truck accident settlements in Oklahoma

Our client was injured when his pick-up was struck in the rear by a semi tractor-trailer while trying to exit the highway. He suffered injury to three lumbar discs, which were non-surgical because of the number of discs involved.

Our client was injured when a farmer pulled his trailer in front of her as he entered the highway from a private drive. She suffered cartilage injury to her knee that required a total knee replacement.

Our client was a new graduate from truck driving school who had been driving for less than a week. He driving his rig with his training driver and was rear-ended by another semi tractor-trailer. Our client had to undergo lumbar surgery.

Our client was an elderly woman who was injured when a semi tractor-trailer struck a passenger car traveling in the opposite direction, pushing it into her path. She suffered injury to her knees, which is expected to result in her eventual need for knee replacement surgery. It was discovered that there were irregularities in the drug tests of the operator of the semi tractor-trailer.

Our client suffered elbow injuries when his pick-up slid off the road because of ice on the roadway. Dump trucks had been hauling river-bed rock from a nearby property and water had been spilling from the bed onto the road and freezing.

Trucking accident settlements in Oklahoma
Our client suffered lumbar and cervical injuries requiring surgery when his Firebird was rear-ended by a semi tractor-trailer at a roadway construction

A young child was killed when a semi tractor-trailer operator drove off the road while trying to turn onto an on-ramp to enter an interstate highway. Rather than get stuck in the snow, the semi continued to drive across the snow covered grass to the interstate, hitting a family car. (Policy limits plus contribution)

Our client suffered a severe broken leg when a semi tractor-trailer lost a set of trailer wheels while traveling along an interstate.

Our clients were the family of two undocumented aliens who were installing cross-over cable along a highway. They were killed when a wheel came off of a trailer being pulled by a pick-up.