| What happens if a person dies in a car accident? In Texas, certain family members may have the right to pursue a wrongful death claim if another party’s negligence caused a fatal crash. Acting quickly to preserve evidence, understand your rights, and speak with an experienced Laredo wrongful death attorney can help protect your family’s legal interests during an incredibly difficult time. |
No one expects to receive a phone call that a loved one has been killed in a car accident. Whether the collision occurred on the highway or a neighborhood street, the emotional impact is devastating. At the same time, families are often confronted with insurance companies, medical bills, funeral expenses, police investigations, and unanswered questions about what comes next.
If another driver’s negligence contributed to the crash, Texas law may provide surviving family members with the ability to pursue compensation through a wrongful death claim. While no lawsuit can replace a loved one, it may provide financial stability and hold the responsible party accountable.
At Guzman Law Firm, we help families understand their legal options after catastrophic and fatal accidents in Laredo, TX, as well as all of Webb County. Call us today at (956) 516-7198 for a consultation.
Steps to take after a fatal accident in Laredo, TX
The days and weeks following a fatal accident are emotionally exhausting. While every situation is different, taking several important steps can help protect your family’s rights:
1. Obtain the official crash report
Texas law enforcement agencies investigate fatal traffic collisions carefully. The responding agency will prepare a crash report documenting the location of the collision, witness statements, road and weather conditions, and any relevant citations or criminal charges.
This report often becomes an important piece of evidence in any future insurance claim or lawsuit.
2. Preserve evidence
Evidence can disappear quickly after a serious accident. Helpful evidence may include:
- Photographs of the accident scene
- Vehicle damage
- Surveillance or traffic camera footage
- Dash camera recordings
- Cell phone records
- Vehicle black box (event data recorder) information
- Contact information for witnesses
An attorney can often send preservation letters to prevent important evidence from being destroyed.
3. Avoid giving recorded statements without legal guidance
Insurance companies may contact surviving family members shortly after the accident.
Although adjusters may appear sympathetic, their primary role is to protect the insurance company’s financial interests, and statements made early in the process can later be used to minimize or dispute the claim. Before providing detailed statements or accepting any settlement offer, it is often wise to understand your legal rights.
4. Keep records of expenses
Families should retain documentation relating to:
- Funeral and burial costs
- Medical bills
- Estate expenses
- Counseling costs
- Lost financial support
- Insurance correspondence
These records may become relevant during a wrongful death claim.
5. Consult a wrongful death attorney
Fatal accident cases are often significantly more complex than standard car accident claims. Potential issues include:
- Multiple liable parties
- Commercial vehicle involvement
- Product defects
- Government roadway claims
- Insurance coverage disputes
- Estate administration
Obtaining legal guidance early allows an attorney to begin preserving evidence while the investigation is still fresh.
The Texas wrongful death statute
Texas allows certain surviving family members to pursue compensation when someone’s wrongful act, neglect, carelessness, unskillfulness, or default causes another person’s death.
Under the Texas Wrongful Death Act, the surviving spouse, children, or parents of deceased individuals may generally bring a wrongful death claim. Siblings, however, generally cannot bring a wrongful death action under Texas law.
Wrongful death lawsuits commonly arise from fatal accidents involving:
- Distracted driving
- Drunk driving
- Speeding
- Commercial truck collisions
- Failure to yield
- Reckless driving
- Motorcycle accidents
- Pedestrian accidents
While the availability of wrongful death damages depends on the facts of each case, a successful wrongful death claim may seek compensation for a number of damages, ranging from loss of financial support and companionship, mental anguish, funeral and burial expenses, all the way to loss of inheritance.
In addition to a wrongful death claim, Texas law may also allow an estate to pursue a survival action, which seeks damages the deceased could have recovered had they survived, such as medical expenses, pain and suffering before death, and certain other losses.
Texas also imposes filing deadlines known as statutes of limitation. Missing these deadlines may prevent a family from pursuing compensation, making it important to investigate potential claims as soon as practical.
How modified comparative negligence applies
Not every fatal accident involves only one at-fault driver. Texas follows a modified comparative negligence rule, sometimes referred to as the “51% bar rule.” This means that if the deceased person is found to have been more than 50% responsible for causing the accident, recovery may generally be barred.
If the deceased was 50% or less responsible, compensation may still be available, although any recovery is typically reduced according to that percentage of fault.
Insurance companies frequently attempt to increase the percentage of fault assigned to the deceased because doing so may significantly reduce or eliminate their financial exposure. This is one reason why independent investigations, accident reconstruction experts, witness interviews, and forensic evidence can become critical in fatal accident litigation.
How seeking representation early can make all the difference
Many people assume they should wait until the insurance company completes its investigation before speaking with an attorney; unfortunately, valuable evidence can disappear while families wait.
Early legal representation may help by:
- Conducting an independent investigation: Rather than relying solely on the insurance company’s conclusions, an attorney can investigate the forensic data, driver histories, and road conditions independently.
- Preserving critical evidence: Evidence such as surveillance footage, vehicle data, and electronic records may only be retained for a limited period. An attorney can often act quickly to preserve these materials before they are lost.
- Identifying every liable party: Some fatal crashes involve multiple defendants, such as negligent drivers, trucking companies, manufacturers, and even government entities responsible for roadway maintenance.
- Managing insurance communications: Legal representation allows many insurance communications, documentation requests, and negotiations to be handled on the family’s behalf.
- Evaluating settlement offers: An attorney can help evaluate whether a proposed settlement appropriately reflects the circumstances of the case.
Fatal accident FAQs
Can a family member sue for wrongful death after a car accident?
Yes. Under Texas law, a surviving spouse, child, or parent may generally bring a wrongful death claim when another person’s negligence causes a fatal car accident. Eligibility depends on the specific facts of the case, and different legal rules may apply depending on the circumstances.
What if the person at fault for my accident is deceased?
A claim does not necessarily end because the at-fault driver also died in the collision. Depending on the circumstances, a claim may still proceed against:
- The deceased driver’s insurance policy
- The driver’s estate
- A commercial employer
- Other negligent parties
- Additional insurance coverage that may apply
An attorney can evaluate which sources of recovery may be available.
Can you go to jail for accidentally killing someone in a car accident?
Not every fatal accident results in criminal charges. If the collision was a true accident without criminal negligence, prosecution may not occur; however, criminal charges may be possible when a fatal accident involves conduct such as:
- Driving while intoxicated
- Reckless driving
- Street racing
- Criminally negligent behavior
- Other violations of Texas criminal law
Criminal proceedings are separate from civil wrongful death lawsuits. Even if no criminal charges are filed, surviving family members may still have the right to pursue a civil claim for damages if negligence contributed to the fatal collision.
Involved in a fatal accident in Laredo, TX? Let Guzman Law Firm review your case.
Losing a loved one in a fatal car accident is one of the hardest experiences any family can endure. While legal action cannot undo what happened, understanding your rights can provide clarity during an uncertain time.
If you believe another driver’s negligence contributed to your loved one’s death, Guzman Law Firm can review the circumstances of your case, explain the applicable Texas wrongful death laws, and answer your questions about the legal process. Our team understands the unique challenges families face after fatal motor vehicle collisions in Laredo and is committed to providing compassionate guidance throughout every stage of a potential claim.
If you have questions about a fatal car accident in Laredo or anywhere in South Texas, call Guzman Law Firm at (956) 516-7198 to schedule a confidential case evaluation and learn more about your legal options.
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