A head-on collision in Comal County recently claimed the life of a Dallas man and left a woman from Converse in critical condition. Authorities have stated that the car accident occurred around 8:15 in the evening on U.S. 281. The 30-year-old Dallas man, traveling northbound, crossed the center line and collided with the vehicle driven by the 50-year-old Converse woman. The Dallas man was killed; the woman was transported to the hospital and is in critical condition.
To compound the tragedy, the collision happened on Thanksgiving night. We can only wonder if either or both drivers were heading home from a family celebration when the crash occurred.
If authorities are correct in concluding that the Dallas man crossed the center line, a jury would likely conclude the accident was caused by his negligence. When a person is injured in a car accident, they have the right to bring a civil lawsuit and recover damages from any driver whose negligence caused the crash. Negligence is simply the failure to exercise that level of care which a reasonable person would exercise in the same circumstances.
If the other driver died in the crash, the lawsuit is commenced against his or her estate. The deceased driver's insurance company will be obligated to pay any damages, just as if the driver had lived. The damages that are recoverable include lost wages, loss of future earning capacity, disability, disfigurement, and pain and suffering. If the negligent driver does not have enough liability insurance to cover the full amount of the damages, the injured driver can make a claim against the underinsured motorist coverage of his or her own automobile policy.
Source: mysanantonio.com, "Head-on crash kills Dallas man in Comal County," Nolan Hicks, Nov. 24, 2012