Fatal Car Accident Lawyer Serving Houston and Throughout Texas; Lawsuits and Claims
Fatal Car Accident in Houston? Families May Have Legal Options Beyond What the Insurer Offers. Discuss Your Wrongful Death Claim With A Trusted Texas Attorney.
When a car accident in Houston results in a death, the surviving family members may have the right to pursue compensation through a Texas wrongful death claim lawsuit. The at-fault driver’s insurer will handle the case as a liability claim, and their goal is to resolve it for as little as possible. What a family may be able to recover depends on the circumstances of the crash, the relationship of the survivors to the deceased, and the available insurance coverage. Adley Law Firm is a Houston personal injury firm that represents families in wrongful death and fatal accident matters. Call (713) 999-8669 for a free consultation.
Who May File a Texas Wrongful Death Car Accident Claim
Texas wrongful death law is governed by Texas Civil Practice and Remedies Code Chapter 71. Under this statute, the surviving spouse, children, and parents of the deceased may bring a wrongful death claim against the party whose negligence caused the death. These are the only individuals with standing to file; siblings, grandchildren, and other relatives do not have a right to recover under the wrongful death statute.
If the surviving beneficiaries do not file within three months of the death, the personal representative of the estate may file on their behalf. The wrongful death claim and a separate survival action, which allows the estate to recover for the deceased’s own conscious pain and suffering and other losses experienced between the injury and the death, may both be pursued in appropriate cases.
The two-year statute of limitations runs from the date of death, not the date of the crash if those differ. Missing this deadline will bar the claim regardless of its underlying merit, which is why consulting with an attorney promptly after a fatal crash is advisable even when an insurance claim is already in progress.
An Insurance Claim and a Wrongful Death Lawsuit Are Not the Same Thing
Filing an insurance claim with the at-fault driver’s insurer is not the same as preserving all legal rights. The insurer may offer a settlement that releases all claims, including any wrongful death lawsuit, in exchange for payment. No release should be signed without understanding what rights are being given up and whether the offer reflects what may be recoverable under Texas law.
Texas Fatal Crash Data
Fatal Crash Patterns in Texas and Harris County
These figures come from TxDOT’s 2023 crash statistics. Harris County consistently leads the state in total fatal crash volume, reflecting Houston’s size and traffic density.
Texas Fatal Crash Statistics, TxDOT 2023
Texas Department of Transportation data shows the distribution of fatal crash types in Texas in 2023. Harris County consistently produces the highest fatal crash volume of any Texas county. These figures reflect official TxDOT crash records.
Source: Source: Texas Department of Transportation, Crash Statistics 2023. txdot.gov/data-maps/crash-data.html
The multi-vehicle category, which includes intersection crashes, rear-end collisions, and head-on impacts, is typically where third-party liability claims arise. When another driver’s negligence caused the fatal crash, the surviving family’s wrongful death claim runs against that driver and their insurer. When a commercial vehicle was involved, additional liability may exist against the motor carrier.
What a Wrongful Death Claim May Recover
Damages Available in Texas Fatal Car Accident Cases
Texas wrongful death law may allow surviving beneficiaries to seek compensation for losses resulting from the death. The specific damages available depend on the relationship of the claimant to the deceased and the facts of the case.
What Families Should Do After a Fatal Car Accident
Do Not Sign Any Release or Settlement Agreement
The at-fault driver’s insurer may contact surviving family members quickly with a settlement offer. No release should be signed before consulting with an attorney. Signing a release may extinguish all legal rights, including the wrongful death claim, in exchange for a payment that does not reflect the full value of what may be recoverable.
Preserve Evidence
Photographs of the scene, the vehicles, and any visible skid marks or debris should be collected as soon as possible. Surveillance footage from nearby businesses or traffic cameras may overwrite within days. Witness contact information from the scene is important. The police crash report should be obtained promptly.
Gather Financial and Employment Records
The deceased’s employment records, tax returns, and any documentation of household contributions help establish the economic damages available in a wrongful death claim. These records should be gathered and preserved as early as possible.
Identify All Available Insurance Coverage
The at-fault driver’s liability policy is the primary source of recovery, but other policies may also be relevant: the deceased’s own uninsured or underinsured motorist coverage, umbrella policies, and in commercial vehicle cases, the motor carrier’s policy. Identifying all available coverage is an important early step.
Consult Adley Law Firm
Call (713) 999-8669. Adley Law Firm can review the circumstances of the crash, explain what a wrongful death claim may involve under Texas law, and help surviving family members understand what legal options may be available.
What You May Be Able to Recover
Compensation in Texas Wrongful Death Cases
Texas law may allow surviving beneficiaries to seek compensation from the party whose negligence caused the fatal crash. The amounts available in any particular case depend on many factors and can vary significantly.
- Lost earning capacity of the deceased over their projected working life
- Lost household services and contributions to the family
- Medical and emergency care expenses from the crash to the time of death
- Funeral and burial expenses
- Mental anguish of surviving spouse, children, and parents
- Loss of companionship and society for a surviving spouse
- Loss of parental guidance and nurturing for surviving children
- Exemplary damages where the at-fault driver acted with gross negligence or intoxication
Texas does not cap compensatory damages in wrongful death cases arising from ordinary negligence. Exemplary damages are subject to statutory limits under CPRC Chapter 41. Recovery is also limited by the available insurance coverage unless the at-fault driver has personal assets available. See also: Texas wrongful death attorneys.
Common Questions
Fatal Car Accident and Wrongful Death FAQs
Who can file a wrongful death claim after a fatal car accident in Texas?
Under Texas Civil Practice and Remedies Code Chapter 71, the surviving spouse, children, and parents of the deceased have the right to bring a wrongful death claim. If none of those individuals file within three months of the death, the personal representative of the estate may file on their behalf. Siblings and other relatives do not have standing under the Texas wrongful death statute.
How long does a family have to file a wrongful death claim in Texas?
Two years from the date of death under CPRC Section 16.003. This deadline applies to the wrongful death claim. The survival action, which belongs to the estate, runs on the same two-year period from the date of the injury or death. Missing this deadline bars the claim regardless of its merit.
Can a family recover if the deceased was partly at fault for the crash?
Possibly. Texas applies modified comparative fault under CPRC Chapter 33. A wrongful death claim may still be viable if the deceased’s fault does not exceed 50 percent, but the recoverable amount would be reduced by the percentage of fault attributed to the deceased. The fault allocation is a factual question that depends on the evidence from the crash.
What if the at-fault driver only had minimum insurance coverage?
Texas requires minimum liability coverage of $30,000 per person. When a fatal crash involves a driver carrying only the minimum, the at-fault driver’s policy may be insufficient to cover the full value of the wrongful death claim. In that situation, the deceased’s own underinsured motorist coverage may provide additional recovery, up to those policy limits. Identifying all available coverage is an important early step in any fatal car accident case.
Is a criminal charge or conviction required to file a wrongful death claim?
No. A civil wrongful death claim and any criminal prosecution are separate proceedings governed by different standards of proof. A wrongful death claim may be filed regardless of whether the at-fault driver was charged with or convicted of a crime. A criminal conviction may support a civil claim, but is not required for it.
Client Testimonials
What Our Clients Say
Real Google reviews from people we’ve represented. Each name links to the original post.
I’m very grateful with Adley Law Firm. I was in a crash a few months back. Thankfully, Adley Law was there to help me throughout all the process. I got compensation for my injuries better than I expected. They were very helpful and kind. Shoutout to Yankel. He was very helpful and friendly when calling to give me updates. 10/10 would recommend.
My experience with the Adley Law Firm was very satisfactory. They were always attentive to any eventuality. They explained everything to me. I received a detailed resume of my entire case. I recommend them to the entire community that needs their services.
Juan really helped our family and went over and beyond our expectations to make sure our family got the justice we deserved. I would definitely recommend this firm again to more family and friends.
I came across this business 2 years ago on my personal work injury, called them up next day they told me to come inside with as much paperwork I have and they got right to business. It took about 2 years but it was worth the wait, I can honestly say I am more than satisfied of the work they strive for me! Thank you so much would recommend just be patient.
I had an excellent experience with Adley Law Firm. From the very beginning, their team was professional, approachable, and truly attentive to my needs. They took the time to listen, explain my options, and provide guidance every step of the way. I highly recommend their services.
Thank you Jon and Yankel did a great job on my case really appreciate their hard work and kept me up to date
Why Adley Law Firm
A Houston Firm for Fatal Car Accident Families
Adley Law Firm is a Houston personal injury firm that handles wrongful death and fatal car accident matters for surviving families throughout Houston and Harris County. Founded by Kevin Adley, Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. The firm works on contingency, meaning there are no upfront costs and no fees unless compensation is recovered. Call (713) 999-8669.
Our Houston Office
1421 Preston St, Houston, TX 77002(713) 999-8669 · Get DirectionsNear the Harris County courthouse in downtown Houston.
Getting to Our Houston Office
We are available to meet with families throughout Houston and Harris County.
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Lost a Family Member in a Houston Car Accident? Legal Options May Be Available.
A wrongful death claim is separate from the insurance claim process. Surviving families may have rights under Texas law that an early insurance settlement does not reflect. No fees unless we recover.