What Happens if Someone Is Killed in an Auto Accident?

A car accident that results in death is a devastating event for all involved. The pain worsens if the accident was avoidable. Thankfully, if qualified under Texas law, the deceased’s loved ones can seek justice through the criminal and civil courts.

Understanding the criminal and civil laws affecting auto accident deaths will help you understand how others can be held accountable for your loss, and the remedies available to you and your family. This blog covers this and more. If you lost a loved one in a fatal car accident, we are terribly sorry for your loss and appreciate the opportunity to potentially help you. You can reach us 24/7 at (713) 973-8888 or toll-free 1 (800) 444-5000.

We will explain the legal and financial consequences that arise when someone is killed in an auto accident. We will also guide you on what to expect and how to navigate the complex claims process. Call us now for a free and confidential case review.

Why Should You Let Us Represent You?

At Terry Bryant Accident & Injury Law, we have seen the devastating impact of fatal car accidents on the families of those who passed away. We’ve also seen the financial and emotional toll it takes on them, especially when the deceased is the breadwinner. This is why when handling a fatal accident legal process, we do so with compassion.

While we empathize with what our client is going through, we aggressively pursue the party responsible and their insurance company to hold them accountable. We will seek financial recovery for you, ensuring you receive compensation that adequately accounts for your damages. We will be with you throughout the claims process, fighting to protect your rights and interests until your case is resolved.

We understand that money can’t bring back your deceased loved one, but it will help you settle any outstanding debt from their death. So, don’t sleep on your right to compensation.

What Happens if Someone Is Killed in an Auto Accident?

Determining liability is crucial to the legal process for car accidents in Texas, as the state operates a “fault-based” system. This means the person responsible for an accident will be liable for damages. So, how is liability determined?

It usually involves the following:

• Police Investigation and Reports: After a fatal car accident, the officers who responded to the crash scene will conduct a thorough investigation. They will speak to witnesses, collect evidence at the crash scene, and note the circumstances leading to the crash. Then, they will put their findings into a police report, documenting who they believe is at fault based on their investigations.
• Eyewitness Testimony and Direct Evidence: Witness statements and direct evidence are crucial in identifying the liable party after a fatal car crash. Direct evidence includes dashcam footage, traffic camera footage, photographs of the damaged vehicles, and skid marks.
• Reconstruction of the Accident Scene: Where multiple parties are involved or direct evidence is absent, accident reconstructionists will be called to recreate the crash. They will analyze factors like vehicle speeds, road conditions, and impact points to determine how the accident happened and the likely at-fault party.
• Driver Behavior and Traffic Laws: Disobeying traffic laws by speeding, running a red light, or driving under the influence can result in liability.

What Happens If Someone is Killed in an Auto Accident?

When someone dies in an auto accident, the following may occur:

The At-Fault Driver Might Face Criminal Charges

Texas law takes fatal auto accidents seriously, and whether the at-fault driver will go to jail or not depends on what caused the crash. A crucial factor in determining whether law enforcement authorities will bring criminal charges is whether the driver engaged in reckless or negligent conduct. Examples of careless or negligent conduct are:

• Reckless Driving: If a driver operates their vehicle recklessly without consideration for the safety of other road users, they can face a criminal charge if a fatal accident occurs. Examples of reckless driving are failing to yield, weaving out of traffic, and engaging the police in a chase.
• Driving Under the Influence of Drugs or Alcohol: Drivers who operate their vehicles when impaired by drugs or alcohol are deemed negligent. Therefore, an intoxicated driver will be held criminally liable for a fatal accident if their impairment caused the crash.

A careless driver will face a vehicular manslaughter charge, which comes with a lengthy prison term. For drunk drivers, the prison term is typically between 2 and 20 years, depending on the case’s facts. If there is no evidence of reckless conduct or negligence, and the accident was caused by mechanical failure or environmental conditions, the at-fault driver likely will not face any criminal charges.

The At-Fault Driver Might Face a Wrong Death Lawsuit

The second option — which is separate from any criminal charges — is filing a wrongful death lawsuit (or survival action) in civil court. To file a wrongful death claim or lawsuit in Texas, the case must meet the state’s legal standards as contained in Texas Civil Practice & Remedies Code 71.002. Also, the person taking action must show the following:

• There is evidence that the deceased’s death happened because of negligence or a wrongful act.
• They have the legal right to do so under Texas law.
• They sustained financial loss because of the death.

Note that even if the at-fault driver is acquitted of criminal charges in a criminal court, you can still pursue a wrongful death lawsuit.

Who Can File a Wrongful Death Claim in Texas?

Under Texas Law, only the following can file a wrongful death claim or lawsuit:

• Surviving spouse (husband or wife)
• Children (minors or adults)
• Surviving parents (mother or father).

If the above persons fail to take action within three months of the victim’s death, the deceased’s estate — through the executor or administrator — can file a wrongful death lawsuit on behalf of the estate. Alternatively, the estate can file a survivor action to receive compensation for the losses suffered by the decedent before their death. Both survival actions and wrongful death claims must commence within two years of the victim’s death to be valid. (*However, always speak directly to an attorney to learn the exact deadlines that apply to your potential claims.)

What Compensation Is Available in a Wrongful Death Claim?

Similar to personal injury cases, plaintiffs in a wrongful death action can receive economic and non-economic damages. Economic damages are quantifiable financial losses that the deceased’s loved ones suffered because of their death. They include:

• Medical expenses (for any cost incurred before the deceased passed away, like emergency room treatment, surgeries, or hospitalization)
• Funeral and burial expenses
• Loss of financial support
• Loss of inheritance.

Non-economic damages compensate for the non-financial losses, making them harder to quantify. They include:

• Loss of companionship and society
• Loss of consortium
• Mental anguish.

In Texas, courts can award punitive damages in wrongful death lawsuits if the at-fault driver was particularly egregious or grossly negligent. 

Will the Financial Resources of the At-Fault Party Affect the Wrongful Death Settlement?

Yes, the financial resources of the at-fault party can impact the wrongful death settlement. Texas law mandates drivers to have minimum liability insurance, which might be insufficient to pay the compensation. If the at-fault party does not have substantial coverage, however, the settlement amount will be low.

On the other hand, if the at-fault party has significant assets, the deceased’s family can seek compensation beyond what insurance covers. They can ask the court to enforce a judgment against the at-fault party’s assets. Also, the at-fault party might liquidate some of their assets to compensate the deceased’s family.

What Is the Role of a Lawyer in a Wrongful Death Action?

Having representation when commencing the legal process is vital to handling the challenges you might encounter and receiving fair compensation. If you’re unsure about the role a lawyer will play, here’s an overview of what to expect:

• We will conduct a case evaluation during which we will explain your legal rights and eligibility to file a claim. We will also assess the circumstances leading to the fatal accident, reviewing the police report, medical records, witness statements, and other available evidence.
• Investigate what led to the accident and identify the careless action of the at-fault driver.
• File a wrongful death claim, ensuring the complaint is well-drafted, and deadlines are met.
• Handle insurance negotiations and file a lawsuit if the insurance company refuses to offer a fair settlement.
• Litigation and trial representation, presenting your case and making legal arguments in your favor.

We will also advise you on settlement offers and help calculate your damages. Ultimately, we will ensure that your rights are protected during this emotionally challenging time and that you receive fair compensation for your loss.

Did You Lose a Loved One to a Fatal Car Accident? Let Us Help You Seek Justice!

Losing a loved one is hard, but we hope to help give you and your family a sense of closure in our quest for justice through the civil justice system. Our lawyers at Terry Bryant Accident & Injury Law have committed their careers to fighting for the interests of those whose loved ones died in avoidable circumstances like a car accident. We have a successful track record and a thorough understanding of the Texas legal system. Contact us now at (713) 973-8888 or toll-free 1 (800) 444-5000 for a free case review.