Losing a loved one in an accident involving a self-driving vehicle is an unimaginable tragedy. The grief and emotional turmoil are compounded by the complexities and uncertainties surrounding this new technology. Filing a wrongful death claim in such cases can be overwhelming and confusing, especially as you grapple with your loss. Understanding who can file a claim and what steps to take is crucial to ensure that justice is served and that you receive the compensation you deserve for your devastating loss.

At Byrd Davis Alden & Henrichson LLP, we understand the profound impact a wrongful death claim can have on your life. Our compassionate and experienced attorneys are dedicated to guiding you through this challenging time. We are here to provide the support and legal expertise you need to navigate the complexities of wrongful death claims involving self-driving vehicles.

Eligible Parties to File a Wrongful Death Claim

The rise of self-driving vehicles has introduced new complexities into the legal landscape, especially when it comes to wrongful death claims. 

Under the Texas Civil Practice and Remedies Code, the following individuals are eligible to file a wrongful death claim:

Surviving Spouse

The deceased person’s surviving spouse has the right to file a wrongful death claim. This includes both legally married spouses and common-law spouses who meet Texas’s requirements for common-law marriage.

Surviving Children

Biological and legally adopted children of the deceased can file a wrongful death claim. This applies regardless of the child’s age. Adult children can also seek compensation for the wrongful death of a parent.

Surviving Parents

Both biological and legally adoptive parents of the deceased have the right to file a wrongful death claim. This right extends to parents even if the deceased was an adult at the time of death.

Personal Representative or Executor

If none of the above-mentioned family members file a wrongful death claim within three months of the deceased’s death, the personal representative or executor of the deceased’s estate can file the claim. However, this can only occur if the surviving family members do not specifically request that no wrongful death claim be filed.

Understanding the Basis for a Claim

For a wrongful death claim involving a self-driving vehicle, the claim must be based on evidence that the death was caused by the wrongful act, neglect, carelessness, unskillfulness, or default of another party. In a self-driving vehicle accident claim, potential defendants could include:

  • The self-driving vehicle manufacturer, if a defect or malfunction in the vehicle’s autonomous systems contributed to the accident.
  • The company that owns or operates the self-driving vehicle, particularly if there was negligence in maintaining the vehicle or updating its software.
  • The operator or occupant of the self-driving vehicle, if there was any human intervention that contributed to the accident.

If you find yourself in this unfortunate situation, it is essential to consult with a knowledgeable wrongful death attorney who has experience with self-driving vehicle cases. 

Proving Liability in Self-Driving Vehicle Cases

Establishing liability in cases involving self-driving vehicles can be complex. It often requires thorough investigation and expert testimony to determine whether the autonomous system failed and, if so, why it failed. Key areas of investigation might include:

  • Vehicle Data: Examining data logs from the self-driving vehicle to understand its behavior before and during the accident
  • Software and Hardware Analysis: Investigating whether any software or hardware defects in the vehicle’s autonomous systems contributed to the crash
  • Maintenance Records: Review the vehicle’s maintenance history to check if it was properly maintained and updated

Losing a loved one to a self-driving vehicle accident is a traumatic experience, compounded by the complexities of determining liability in such cases. Understanding who can file a wrongful death claim is the first step toward seeking justice and compensation for your loss.

Contact an Experienced Wrongful Death Attorney Today

Dealing with the loss of a loved one due to a self-driving vehicle accident is an incredibly painful experience. Filing a wrongful death claim can seem like an overwhelming task during such a challenging time. However, taking this step is crucial for holding responsible parties accountable and securing the compensation needed to cover financial burdens and emotional suffering. It’s important to understand who is eligible to file such a claim and the specific legal requirements involved.

At Byrd Davis Alden & Henrichson LLP, we are committed to providing compassionate and knowledgeable legal support. Our experienced attorneys are here to help you navigate the complexities of wrongful death claims involving self-driving vehicles. Let us stand by your side and work tirelessly to achieve the compensation and closure you deserve. Contact us today to schedule a consultation at (512) 454-3751 or by filling out our contact form.