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Every year, around 38,000 families in the US have to face the unbearable tragedy of losing a loved one in a car accident. In Texas, families may need to understand the process of wrongful death claims in Texas car accidents to seek justice and compensation. These car accident deaths claim thousands of lives and leave a lasting, heart-wrenching impact on families and communities across the nation. Not only do these families have to deal with the crushing emotional toll, but they often struggle to make ends meet because of mounting medical bills, funeral expenses, and the loss of their loved one’s income. That’s where a fatal car accident lawyer comes in, providing essential guidance and fighting for fair compensation for these families.
When another person’s negligence causes a car crash, families have rights that go far beyond settling with their insurance company. Understanding these rights and the complex process of making a wrongful death claim can be the difference between financial ruin and getting the support they need to put their lives back together.
This guide will walk you through everything you need to know about fatal car accident lawyers, from understanding wrongful death claims to choosing the right lawyer for your family’s unique situation.
An experienced fatal car accident lawyer is an attorney who specializes in wrongful death cases that arise from car accidents. These are not the same as general personal injury lawyers who handle a wide range of jury injury claims. Fatal car accident lawyers have expert knowledge in the complex legal framework surrounding fatal car crashes and the challenges these cases present.
You should look for a fatal car accident lawyer if someone else’s negligence caused your family member’s death. That includes:
After a fatal crash, it’s essential to get medical help right away to address any injuries and start gathering evidence for your case. Contacting an attorney right away can also help you navigate insurance claims and ensure that your rights are protected from the start.
Fatal car accident lawyers are different from general personal injury lawyers in a few key ways. They understand the emotional complexities that families go through when pursuing a claim and have in-depth knowledge of the variable state laws regarding wrongful death. They have also collaborated with accident reconstruction specialists, forensic pathologists, and other expert witnesses, all crucial to building strong cases.
Time is critical in fatal car accident cases. Evidence can disappear quickly, as memories fade over time. A good car accident lawyer will begin working immediately, gathering evidence such as police reports, surveillance footage, and witness statements. They also help families navigate insurance procedures and ensure that they receive the proper representation.
The difference between wrongful death claims and personal injury lawsuits is key to understanding your options after a fatal car accident. While both arise from negligent actions, they serve different purposes and benefit different parties.
Filed By:
The injured victim is entitled to personal injury damages, including medical bills and compensation for pain and suffering.
Filed By:
Deceased’s estate or family members (The deceased’s spouse, children, and parents in Texas)
Damages: Lost future income, funeral costs, loss of companionship, and mental anguish
2 years from the accident date in Texas
A personal injury lawsuit is filed by the people who survived a car accident, seeking compensation for medical treatment they received, lost wages, and the pain and suffering they experienced. Wrongful death claims are filed by the deceased person’s estate or family members when someone else’s negligence caused a fatal car accident
To succeed in a fatal car accident lawsuit, your Texas car accident lawyer must prove four key elements:
Liability is established when someone else’s negligence causes injuries or death, which forms the basis for both personal injury and wrongful death claims. In some states – like Texas, for example- families can also file what’s known as a “survival action” alongside a wrongful death claim.
These actions go after compensation for the suffering the deceased person went through in the time between getting hurt and passing away, and that adds an extra layer of potential financial compensation.
When one of the toughest times of your life is happening, a skilled car accident lawyer will serve as both a champion in your corner for the law & a comforting guide through what can be a complex claims process. Their help goes way beyond just handling the legal aspect – auto accident attorneys are experts in car accident cases and work on a contingency fee basis, which means they only get paid if you receive compensation.
Experienced lawyers will immediately begin working to ensure that important evidence isn’t lost. They do this by working with accident reconstruction specialists to figure out exactly how the fatal car accident happened.
They’ll also speak to witnesses while their memories are still fresh, obtain traffic cam footage, and collect any physical evidence from the scene before it is tampered with.
Your team will also gather various important documents, such as the police report, hospital records from treatment before death & the deceased person’s employment records, to determine how much they would have earned in the future.
In cases where there might have been something wrong with the car, they’ll also check the maintenance records & work with automotive experts to find out if there was any sort of mechanical failure
Insurance companies don’t always have your best interests at heart – and they can try to pay out as little as possible, taking advantage of the fact that you’re grieving and not on top of things.
A skilled car accident attorney will act as a shield for you, handling all communication with the insurance adjuster, who’s there to review your claim & might try to lower the settlement amount. It’s extremely important to have a lawyer on board before you start dealing with the insurance adjuster, so your rights are protected & you can maximize the value of your settlement.
These negotiations can get really complicated in fatal car accident cases because there might be more than one insurance policy involved – such as the at-fault driver’s policy, the deceased person’s uninsured motorist coverage.
Your attorney will help you figure out where all the available compensation is coming from & will fight tooth & nail to get you the best possible outcome.
In fatal car accident cases, you often need expert witnesses to back up your case. People like doctors who can explain how the person died, economists who can figure out how much the deceased would have earned in the future & vocational experts who can examine the sort of career prospects the deceased had.
To prove liability, reconstruction experts can testify about how the car accident happened.
You don’t have to just stick to office hours when you’re dealing with a fatal car accident – many lawyers will give you 24/7 access so you can get help with anything urgently & communicate with them whenever you need to. They’ll keep you updated on your case & will explain everything in clear language so you can see what’s going on.
The compensation available after a fatal car accident can be substantial – covering not just the financial losses & costs but also the emotional pain experienced by surviving family members.
Compensation can help you cover costs such as medical bills, funeral expenses & the lost income resulting from the accident. Knowing what types of damages are available can help you make an informed decision about whether to pursue a lawsuit.
These damages give you back what you’ve lost because of the fatal car crash:
These damages are more about the emotional impact of the accident on you and your family:
In cases where someone has behaved in a truly reckless and irresponsible manner, a court may decide to award punitive damages to punish the individual and deter others from engaging in similar behavior. This usually comes up in cases such as:
The amount you can get in compensation varies, depending on some key factors:
Attorneys who have much experience with wrongful death cases work hard to get the highest compensation possible for the families of victims. They ensure that they consider all relevant factors to achieve the best possible financial outcome.
Wrongful death settlements in fatal car accident cases can range from available insurance policy limits to millions of dollars, with the largest payouts usually going to the families of young professionals who were working and supporting others and were therefore likely to have had much earning power ahead of them.
Not everyone can file a wrongful death claim following a fatal car accident. Texas laws indicate that parents, children, and spouses can file a wrongful death case.
To make a claim, family members will need to provide proof of their relationship to the deceased, which typically involves presenting documents such as marriage certificates for spouses or birth certificates for children and parents.
The personal representative of the estate in survival actions has a significant responsibility to act in the best interests of the family, seeking out compensation and ensuring that any payment is distributed fairly in accordance with state law.
Knowing what the main causes of fatal car accidents are is key to understanding when someone else’s negligence may have contributed to the death and deciding if you’ve got grounds to make a wrongful death claim.
Distracted driving remains the biggest killer on the roads – it accounted for around 8% of all traffic fatalities in recent years, according to the NHTSA. Some of the main distractions include:
The fact is that the average text takes a driver’s eyes off the road for just five seconds, which is long enough to travel the length of a football field at highway speeds.
In 2024, there were 1,053 people killed in motor vehicle traffic crashes where a driver was under the influence of alcohol. This is 25.37% of the total number of people killed in motor vehicle traffic crashes.
Houston has serious drunk driving accidents every day.
Too many fatal motor vehicle accidents are caused by excessive speed. In fact, speed-related crashes contribute to about 26% of all fatal accidents:
Vehicle defects can and do contribute to fatal crashes – although this is less common than some of the other causes:
When a fatal car crash involves multiple vehicles, things get complicated fast:
Recent data shows we’ve got some serious problems on our hands with fatal car accidents, in particular with:
Choosing the right lawyer to handle your case is crucial. The right person can make all the difference in both the outcome and your overall experience.
You want an attorney who has dealt with cases like yours. Look for someone with at least 20 years of experience in handling wrongful death cases arising from car accidents. A general personal injury lawyer just may not have the specialist knowledge to deal with a complex case like this. And of course, you’ll need to consult with a personal injury lawyer, as they can help you get the best possible result. Ask prospective attorneys about:
The track record of any lawyer says a lot about their capabilities – but you must look at more than just the big numbers:
Handling a fatal car accident case is not cheap – you need a lawyer who has the resources to:
Most car accident lawyers work on a contingency fee basis – so:
You need a lawyer who will keep you informed and support you through this difficult time – so look for someone who:
The right lawyer for your case will want to sit down with you for a free consultation to discuss your case and explain your options without trying to strong-arm you into hiring them right off the bat. Reach out to our firm today for a free case evaluation to get a sense of where you stand and what your best course of action is.
Understanding how the law works is key to knowing what to expect when you’re dealing with a wrongful death case. While every case is unique, most fatal car accident lawsuits follow a standard set of steps in a predictable order.
If you’re involved in a car accident, it’s helpful to understand the various types of lawsuits that may be applicable, such as personal injury, wrongful death, or property damage, as well as the specific laws and time limits that govern your state.
When you first reach out to a lawyer, you’ll typically sit down with them for a detailed conversation about your case. Your attorney will:
Most experienced car accident lawyers will give you a free consultation for wrongful death cases, so that you can get a sense of what’s going on without committing to anything financially.
Once you hire a lawyer, they’ll get started right away on collecting and preserving evidence:
Wrongful death cases in Texas must be filed within a certain timeframe, which varies by state:
In Texas, you must file a lawsuit within 2 years of the accident date. For government claims,you usually must give notice within 30-180 days
Missing the deadline for filing a car accident case can bar you from pursuing compensation altogether, which is why it’s so important to act right away.
Most wrongful death cases end up settling without going to court:
If you don’t agree, your case will go to trial:
Most fatal car accident cases resolve within 1-2 years, but that can vary depending on the complexity of the accident and how many parties are involved:
Once you’ve settled or gotten a verdict:
Don’t worry, you’ve still got options even if the driver who caused the accident doesn’t have enough insurance. First, check if the deceased had uninsured motorist coverage on their own car insurance policy – this can provide insurance coverage even when the at-fault party can’t pay.
Yes, in Texas, you can still act even if your loved one contributed to the accident. Texas follows what’s called comparative negligence rules, where you can still get money if your loved one was less than 51% to blame. However, your damages are reduced by the percentage attributable to your loved one’s fault.
The most critical evidence is usually a detailed police report, which lays out the initial findings on the accident; medical records and autopsy reports to prove the cause of death; witness statements from people who saw the accident; and pictures and other physical evidence from the scene. The key is getting evidence lined up quickly before it disappears.
Auto accident statistics reveal a sobering reality about the dangers on Texas roadways. According to the Texas Department of Transportation, in 2024, 4,150 people lost their lives in motor vehicle crashes across Texas—representing a fatality rate of 1.35 deaths per hundred million vehicle miles traveled.
These numbers translate to a tragic human cost: one person killed every 2 hours and 7 minutes, one person injured every 2 minutes and 5 seconds, and one reportable crash occurring every 57 seconds.
The primary causes of fatal car accidents in Texas include several preventable behaviors that can be changed if drivers take responsibility for their actions on the road.
In 2024, distracted driving claimed 380 lives in crashes across Texas. Driver distraction encompasses any activity that diverts attention from the road, including texting, eating, and adjusting in-car technology. According to the Texas Department of Transportation, distracted driving is the second-leading cause of traffic collisions in Texas, with one in five crashes caused by this dangerous behavior.
Impaired driving remains one of the deadliest threats on Texas roads. In 2024, there were 1,053 people killed in motor vehicle traffic crashes where a driver was under the influence of alcohol, representing 25.37% of all traffic fatalities. Most DWI-alcohol crashes were reported during the hour between 2:00 AM and 2:59 AM, with Sunday being the deadliest day of the week for these crashes.
Excessive speed significantly reduces a driver’s ability to react to hazards and dramatically increases the severity of crashes. According to the Texas Department of Transportation, speeding was a factor in 21% of all traffic fatalities in Texas.
Studies consistently show that for every 10 mph increase in speed at the time of a crash, the force of impact and risk of fatality double.
Seat belt use remains a critical factor in crash survival. Of all vehicle occupants killed in 2024 where restraint usage was applicable and known, 45.34% were reported as not wearing seat belts when the fatal crash occurred.
There were no deathless days on Texas roadways in 2024. In fact, the last deathless day on Texas roads was November 7, 2000—meaning that for more than 24 years, at least one person has died every single day on Texas highways and roadways.
If your loved one has been involved in a fatal car accident, the first thing to do is to contact a car accident lawyer as soon as possible.
Our experienced accident lawyer will be able to guide you through the whole process of filing a car accident lawsuit. At the same time, you focus on dealing with your loss.
