One Person Killed in Single Car Accident in Irving
- March 16, 2015
- Car Accidents
In the early morning hours of March 13, 2015, a car was involved in a single car crash in Irving on Loop 12. There were three people in the vehicle: two men and one woman. The woman died at the scene of the crash and one of the men was seriously injured. It appears that the driver sustained only minor injuries, but the other male passenger sustained critical injuries.
The crash occurred near the exit ramp to westbound 183, so the police assume that the driver lost control as he was trying to take that particular exit. The police suspect that the driver was speeding and intoxicated at the time of the crash. Police plan to charge the driver with intoxication manslaughter and intoxication assault due to the injuries that his passengers sustained.
Generally, the driver is presumed at fault in single car crashes because he (or she) had the most control of the vehicle at the time of the crash. In single vehicle accidents, the passengers involved in the accident can actually bring a civil lawsuit against the driver for their injuries or the passenger’s family could bring a wrongful death suit if the single car crash resulted in a death. This would apply even if the driver were not drinking but simply lost control of the vehicle.
Here, the passenger could sue for the expenses related to his injuries and any effect that those injuries may have on his future enjoyment of life. The woman’s family could sue the driver on her behalf based on a wrongful death claim. These claims would be in addition to the criminal charges.
A wrongful death claim basically means that the woman was killed because of the driver’s careless behavior. Finding this careless behavior, or negligence, would be relatively easy in this situation because the driver was not only speeding, but he was drunk. Of course, if the woman did not have any surviving beneficiaries or dependents, then no one would be available to bring a wrongful death claim on her behalf. However, if she had children, parents, or siblings, for example, then any of those relatives could bring this type of claim.
In cases of personal injury, the plaintiff can recover medical expenses, pain and suffering, loss of work or wages, and any loss of enjoyment that resulted from the injury. In wrongful death cases, the family can recover damages for expenses related to the funeral, any medical expenses (if applicable), pain and suffering, loss of earning potential, and losses related to actually losing a loved one. In Texas, punitive damages (those damages that are meant to punish the defendant for his or her conduct) are available when the injury or death is caused by gross negligence. In this case, punitive damages might be appropriate.