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Texas family wins wrongful death battle

A Texas family is fighting for the right to hold a company accountable for the death of their family member. Their battle currently hinges on whether or not the employer encouraged employees to push the bounds of exhaustion.

This piece will discuss the basics of the accident and how it could result in a successful wrongful death case. This information is tailored to help those in similar situations determine if they have a case against another who may have been responsible for the death of a loved one.

What happened? The case began with a tragic accident. The driver was operating a tank trailer at the time of the accident. The family has stated that he was “extremely tired and exhausted” at the time. He either fell asleep at the wheel or lost control of the vehicle as a direct result of this exhaustion. The truck struck a pole and rolled over. The driver suffered serious, fatal injuries in the crash.

The family contends the employer required driving for excessive periods of time and that these requirements led to the exhaustion; making the employer responsible for the driver’s death.

Do these facts support a wrongful death case? That is the question the courts are currently battling. Lower courts decided it did not. They stated the family failed to establish evidence of intentional acts that would support a wrongful death claim. As such, they did not allow the case to proceed.

The family did not give up. They took the case to the appellate court. The appellate court disagreed with the lower court, finding the evidence of the employer encouraging drivers to “overwork” and “falsify logs” was sufficient to support a claim.

What can other victims learn from this case? Do not give up. The family lost the first battle in court but was able to build a successful appeal. As such, the case can move forward and the family is one step closer to holding the business that was responsible for the loss of their loved one accountable for their actions.

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