Failure to Yield Right-of-Way Kills Three | Law Firm Newswire

Failure to Yield Right-of-Way Kills Three

Brooks Schuelke, Esq.
Schuelke Law PLLC

Austin, TX (Law Firm Newswire) March 9, 2021 – Highway 21 in Pendleton Harbor was the scene of an accident that took the lives of three. The crash was the result of a vehicle failing to yield the right-of-way when exiting a private driveway.

According to police reports, a 44-year-old male driver behind the wheel of a 2021 Toyota drove into an eastbound 2021 GMC pickup's path. The pickup hit the Toyota, ending up in the westbound lane and crashing into a 2016 Chevrolet pickup driven by a 28-year-old woman carrying two passengers, the woman's husband and a friend.

All of the Chevrolet pickup's occupants were local volunteer firefighters but were not on the way to a call. All three perished at the scene of the accident. The male and female, a married couple, left behind three children. The driver of the Toyota was air-vacced to the nearest medical center to be treated for critical injuries.

The National Safety Council estimates that 7 percent of all fatal passenger vehicle collisions result from drivers who fail to yield to road traffic. Failing to yield the right-of-way is cited as the fourth-leading cause of auto deaths in the nation.

"Based on the facts of this case, the surviving family of the deceased may be entitled to file a wrongful death claim, though it is important to know all of the facts of the case before determining fault," indicated Brooks Schuelke, an Austin wrongful death attorney, who is not involved in this case. "This is not a criminal case that we're discussing. It would be a civil action for financial damages."

Wrongful death claims may be filed against a defendant who has caused the death of an individual or individuals, either due to intentional action or negligence. "Wrongful death lawsuits are typically filed by a representative of the deceased's estate or by surviving family members," Schuelke explained.

Wrongful death claims are usually filed in instances where a deceased would otherwise have a personal injury claim but died due to the negligent, wrongful actions of a defendant. There are several situations in which that could happen, such as: if the deceased died as a result of medical malpractice, when a deceased was intentionally killed, when a deceased dies as a result of an on-the-job injury, and when a car crash, resulting in death or deaths, was the result of negligence. It must be proven that the defendant owed the deceased a duty of care, that the duty was breached by the defendant, that in breaching that duty, the breach was the direct and proximate cause of death, and that the death caused the damages the plaintiff is seeking.

"Wrongful death lawsuits take a toll on everyone involved and are difficult for those left behind. We understand this and are here to help you. Please do not hesitate to contact me about your case. You need to know your legal rights and how a wrongful death lawsuit proceeds," added, Schuelke.

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Schuelke Law PLLC
3011 N. Lamar Blvd
Ste. 200
Austin, TX 78705
Call (512) 476-4944


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