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Driver allegedly fell asleep at the wheel before fatal crash

One person died and two others were injured in a head-on collision that occurred in Texas on July 9. The incident took place near Graytown around 6 p.m. where County Road 126 and F.M. 2579 intersect. A sergeant with the Texas Department of Public Safety Highway Patrol said the crash happened after a 21-year-old male driving a Dodge Ram pickup southbound on F.M. 2579 fell asleep behind the wheel. The pickup truck veered into the northbound lanes and crashed into a Honda Pilot.

The 62-year-old male driver of the Honda was killed in the collision. His wife was airlifted to San Antonio Military Medical Center to receive treatment for her injuries. The driver in the Dodge Ram was also airlifted from the scene as well. As of July 10, the female passenger was reported to be at University Hospital in serious condition.

In Texas, the surviving parents, spouse and children of a fatal accident victim are entitled to seek compensation for the financial harm caused by that person's passing via a wrongful death suit. The state permits plaintiffs to recover actual and exemplary damages when a loved one's death is determined to have been caused by a defendant's gross negligence, omission or willful act.

Plaintiffs are awarded compensation in civil lawsuits to help offset funeral costs, medical expenses, vehicle repairs and loss of support or services from the decedent. In order to win restitution after filing a wrongful death suit, a plaintiff's lawyer must convince a jury that the victim's death can be attributed to the case's defendant. In the incident described earlier, the allegation that the driver fell asleep at the wheel could be used as evidence of his culpability for the accident in civil litigation brought by the decedent's family.

Source: Wilson County News, "UPDATE: Head-on crash kills one near Graytown", William J. Gibbs, Jr., July 09, 2014

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