Richard Dunham Killed in Dallas Car Accident on I-35
Equipment failure leads to 79-year-old's death in Interstate 35 express lanes collision
Richard Dunham, 79, died Saturday morning when a wheel from an SUV struck his car on Interstate 35 in Dallas, Texas. The wheel detached from a Chevrolet Tahoe traveling south near 8th Street, according to the Dallas County Sheriff's Department.
The wheel crossed the center median and hit Dunham's vehicle in the northbound express lanes. Rescuers responded to the scene, and Dunham died there, authorities said. The crash closed Interstate 35 for about an hour and a half. Police are investigating the mechanical failure, and the crash remains under investigation.
The Dallas County Sheriff's Department spearheaded the on-scene investigation, which required the total closure of the northbound express lanes for approximately 90 minutes. Maintenance records for the Chevrolet Tahoe may become a focal point of the inquiry to determine if the wheel detachment was a result of mechanical failure, improper installation, or a manufacturing defect. As of the current report, authorities have not announced any formal charges related to the equipment failure.
National Legal Analyst Candice Bond of Bond Legal noted that "Insurance companies often try to pressure victims to settle for a quick payout for far less than the case is worth" Investigators are examining the impact point on the northbound vehicle to reconstruct the exact sequence of events that led to the fatality.
Texas wrongful death and survival actions
Under the Texas Civil Practice and Remedies Code (Chapter 71), certain surviving family members may pursue a wrongful death claim when a death results from another party's "wrongful act, neglect, carelessness, unskillfulness, or default." Eligible claimants typically include the deceased's spouse, children, and parents. Such claims allow for the recovery of damages such as funeral and burial expenses, loss of the deceased's earning capacity, and emotional anguish.
Texas law also provides for survival actions, which allow the estate of the deceased to recover damages the individual would have been entitled to had they lived. These damages can include medical expenses incurred before death and pain and suffering. Bond noted that in cases involving mechanical failure, investigators often examine vehicle components to determine potential liability, which could extend to maintenance providers or parts manufacturers.
Texas comparative fault framework
Texas operates under a modified comparative fault system, often referred to as the "51 percent bar rule." This legal standard dictates that a claimant cannot recover damages if they are found to be more than 50 percent responsible for the crash that caused the death. If a claimant's fault is determined to be 50 percent or less, any awarded damages would be reduced proportionally to their percentage of fault.
Statute of limitations under Texas law
In Texas, a wrongful death lawsuit generally must be filed within two years from the date of the individual's death. This two-year period is known as the statute of limitations. Failure to file a claim within this timeframe can result in the forfeiture of the right to pursue legal action.