Family member killed in auto accident

What is the name of your state?The accident happend on July 4th in Texas. My sister was in a vehicle that was hit head on. The other vehicle had crossed into the lane of oncoming traffic clipping one car before hitting the vehicle my sister was in head on. There is a possibility that alcohol was involved.

Regardless, the accident was cause by this person. I was able to get a bit off information off of the officer who worked the accident. I was told that the minimum charges that would be filed were Vehicular Manslaughter. Depending the results of the blood test it could be upgraded to Vehicular Homicide. There were two other passengers in the vehicle with my sister. Both survived, but one is barely hanging on.

I was wondering if it would be wise to retain an attorney this early on and what would be a course of action? For example, should we sue this person or their insurance company?

Thank you

le99 said:

For example, should we sue this person or their insurance company?

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My response:

Who are the "we" in your question?

How old was your sister?

Married? Children?

Did you, or any other family member, actually see the incident occur?

IAAL

I AM ALWAYS LIABLE said:

My response:

Who are the "we" in your question?

How old was your sister?

Married? Children?

Did you, or any other family member, actually see the incident occur?

IAAL

Click to expand...

When I state we, I was referring to Father, Mother, Brother #1(me), and Brother #2.

She was only 30 years old. She was not married and did not have any children.

A cousin was in the front passenger seat.

The driver of the vehicle my sister was in and my sister were both life flighted. The cousin was taken in the same ambulance with the driver who hit them head on. She heard that driver answer the paramedic's question and one of them happend to be have you been drinking. The driver admitted to drinking till 4 a.m. and falling asleep at the wheel. This has yet to be confirmed by an accident report. This was in a very rural part of Texas, so it makes sense to me to transport two people in the same ambulance.

I appreciate your reponse.

le99 said:

When I state we, I was referring to Father, Mother, Brother #1(me), and Brother #2.

She was only 30 years old. She was not married and did not have any children.

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My response:

Mom and Dad have a Cause of Action for "Wrongful Death", "Negligence", "Loss of Consortium", etc.

You and brother do not because you have no "parental relationship" to your sister (obviously) and the two of you were not bystanders who witnessed the incident.

IAAL

I AM ALWAYS LIABLE said:

My response:

Mom and Dad have a Cause of Action for "Wrongful Death", "Negligence", "Loss of Consortium", etc.

You and brother do not because you have no "parental relationship" to your sister (obviously) and the two of you were not bystanders who witnessed the incident.

IAAL

Click to expand...

I think I have been vague in my posting. I knew it would be my parents who have the cause of action. I should of worded my posting accordingly. Thank you for providing me with the above information. I guess it would be wise to retain the service of an attorney at this point and time. Everything has happened so fast and there is a lot of confusion. Once again, I appreciate your response.