Car accident

What are the consequences of killing someone in a car accident?

Consequences of Causing a Death in a Car Accident
Being involved in a car accident is scary. If you are involved in a car accident where someone ends up dying, it can be terrifying. Most people do not know the consequences of killing someone in a car accident. If you find yourself in this type of situation, make sure you contact a Austin Car Accident Lawyer right away and find out exactly what to expect.

Elements of Vehicular Manslaughter

Not every death from a car accident results in any charges being filed against the driver responsible. If the driver is reckless nor negligent, chances are that they will be charged with vehicular manslaughter, also known as vehicular homicide. Vehicular manslaughter does not require that you intend to kill anyone. To be proven guilty of this crime, it must be proved that beyond a reasonable doubt the driver was operating their vehicle recklessly or in a grossly negligent manner. It also must be proved that this behavior caused the death of the other person.

What Makes a Driver Grossly Negligent

Showing gross negligence or recklessness can be from many different facts. If the driver is under the influence of alcohol or drugs, they will be shown to be grossly negligent. Even if the drugs are prescribed and you ignore the warning to not operate heavy machinery, you will likely be found guilty. Certain traffic laws that include but are not limited to speeding, deliberately running a red light, or texting while driving will also result in your guilt. The extent of the negligence determines whether you will be charged with vehicular manslaughter or aggravated vehicular manslaughter, the second being a felony carrying stiffer penalties.

Defenses Against Vehicular Manslaughter

A defendant will often argue that other factors came into play that they had no control over like the weather other drivers or even the driving of the victim caused the accident. If the defendant was found to be under the influence, you may be able to challenge the results of the lab tests. Also, car malfunctions that the driver did not know about may also be a good defense if the malfunction played a part in the accident.

If you are involved in an accident where someone ends up dying, contact a Austin Car Accident Lawyer right away. They will be able to help you in finding a defense if you are charged with vehicular manslaughter.


How does a wrongful death law suit works?

One of the types of personal injury cases is a wrongful death lawsuit. This is a type of case that is filed when one individual believes that another individual or organization caused the death of someone and wants compensation. They will use a lawyer to file a lawsuit against that party and look to make them liable for the person’s death. An example would be an individual dies in a car accident after a collision with a truck. The truck is the vehicle of a company. The parents of the accident victim then file a suit against that company for monetary compensation and liability. There are many steps involved in a wrongful death lawsuit so it is important to keep this in mind when using the services of a Austin personal injury lawyer.

Whenever you are looking to file a wrongful death lawsuit, the first step that a Austin personal injury lawyer will take is to file documents. This consists of drafting papers that state that the plaintiff is seeking compensation and wants a settlement. The papers will be filed to the local court as well as the defendant. If the defendant decides to provide a settlement, then the case will be over as compensation is awarded right away. However, there are many times when a defendant will not provide compensation and will seek to contest the lawsuit. When this occurs, a deposition and trial will be the next steps in the process.

The next step in a wrongful death lawsuit is the deposition. This consists of summoning the defendant to come to a hearing and answer questions about the nature of the accident. If represented by a Austin personal injury lawyer, you will have a legal professional who will ask the questions for you. During the deposition, the lawyer will look to get information that they can use to their advantage if the case goes to trial. A deposition will not only consist of interviews with the defendant but also other witnesses who are associated with the defendant as well.

After the deposition, the wrongful death lawsuit will proceed to trial. During the trial both sides will begin arguing their case. The plaintiff lawyer will try to convince the jury that the defendant was liable for the death of the individual associated with the plaintiff. At the same time, the defendant’s lawyer will then look to present to the jury that the defendant had no liability of the death and should not be ordered to provide compensation to the plaintiff. This will usually go on for up to two weeks and a jury will then need to decide on who to favor in the case.

If the plaintiff wins the wrongful death lawsuit, then they will be awarded compensation in the form of a judgement. This is ruling where the plaintiff is entitled to compensation and will have the authority to collect the awarded compensation from the defendant. However, if the plaintiff loses, then the case is over and the defendant doesn’t owe any compensation to the plaintiff.

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Car accident

What is a car collision?

What is a Car Collision and What do You Need to Do When it Occurs
By definition, a car collision is an occurrence when motor vehicle makes contact with another vehicle, an object or structure, or even a human being or animal. The result cause damage or injury to a vehicle, an item, or a person.

Car collisions may sound commonplace, but the event can have serious repercussions for those involved, especially for the victim. That person could have suffered damage to his vehicle through no fault of his or her own or, in more dire situations, physical injury. The damage could cause a negligible effect on his life or work habits, leading to lost wages or medical bills.

Often referred to as a car accident, these incidents can occur in many different ways. The fallout, however, often is the same: a victim has damaged property and/or personal injury. This person deserves compensation in order to recover from the accident.

Those who often initiate the car collision usually is at fault. At times, there are mitigating circumstances such as poor weather conditions, suffering from a defective auto part, or the person was attempting to avoid another vehicle, leading to a second development which causes the collision. However, other times it could come down to driver error or situations such as drunk driving, speeding, or was on the phone when he or she shouldn’t have been.

Whoever is at fault for the car collision is liable to get sued. Usually auto insurance companies determine who is at fault in such an occurrence. The companies also can negotiate with the involved parties on an appropriate settlement in order to avoid a lawsuit.

However, at times the injured party could feel a lawsuit is necessary. This can unfold is the party doesn’t believe he or she were represented fairly by the insurance carrier. Due to psychological and/or physical issues, the injured party believes that a greater and longer-lasting settlement is needed rather than the short and quick ones that occur through an insurance company. In this case, the injured party likely would want to move beyond the insurance carriers and seek a professional lawyer.

For those in southern Texas, contacting a Austin car accident lawyer can help aid you on the road to recovery. Such a lawyer specializes in car collision incidents and can help the victim get the compensatory damages he or she deserves. Such damages can prove useful in recovering from the incident, both physically and emotionally.

A lawyer who specializes in auto collisions may better determine the appropriate compensation amount during negotiations or see if there is a need to file a greater lawsuit. In Austin, the professional lawyer would need to be knowledgeable about Texas state laws concerning car collisions in detail, more so than a national insurance carrier company. This would help the injured party have a chance to receiver greater compensation in order to address his or her damages and/or injuries.


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