Fatal Car Accidents in Texas: Pursuing a Wrongful Death Claim

Losing a loved one in a fatal car accident is one of the most devastating experiences any family can face. The emotional shock, compounded by financial uncertainty and unanswered legal questions, can leave families feeling overwhelmed. In Texas, surviving family members have the right to pursue justice through a wrongful death claim under Texas Civil Practice & Remedies Code § 71. These claims are distinct from personal injury lawsuits and allow certain relatives to seek compensation for their profound loss. Understanding the legal framework behind wrongful death actions in Texas is critical for grieving families who want to hold negligent parties accountable.

What Is a Wrongful Death Claim in Texas?

Under Tex. Civ. Prac. & Rem. Code § 71.002, a wrongful death claim can be brought when a person’s death is caused by the “wrongful act, neglect, carelessness, unskillfulness, or default” of another. In fatal car accidents, this often involves negligent or reckless driving, such as:

• Driving under the influence (DWI)
• Distracted driving (texting while driving)
• Speeding or reckless driving
• Running red lights or stop signs
• Failing to yield or obey traffic laws

When a driver’s wrongful actions result in someone’s death, eligible family members have the right to bring a civil claim for damages.

Who Can File a Wrongful Death Claim in Texas?

Texas law limits who may file a wrongful death lawsuit. According to Tex. Civ. Prac. & Rem. Code § 71.004, the following individuals may bring a claim:

• The surviving spouse
• The children (biological and legally adopted children)
• The parents of the deceased

These family members can file individually or together in a single action. If none of the eligible parties file within three months of the date of death, the executor or administrator of the deceased’s estate may file the claim unless all of the eligible family members request otherwise.

Notably, siblings (brothers and sisters) of the deceased are not permitted to file wrongful death claims under Texas law, even if they were financially or emotionally close to the deceased.

Statute of Limitations for Texas Wrongful Death Claims

In Texas, the statute of limitations for a wrongful death claim is two years from the date of death (Tex. Civ. Prac. & Rem. Code § 16.003(b)). If a claim is not filed within this time frame, the court will likely dismiss the case.

There are rare exceptions that may toll (pause) the statute of limitations, such as:

• The claimant is a minor child.
• There was fraudulent concealment of the cause of death.
• The claimant was mentally or physically incapacitated.

Prompt legal action is essential. Waiting too long can result in the permanent loss of your right to seek justice.

Damages Available in Texas Wrongful Death Lawsuits

Texas wrongful death claims aim to compensate surviving family members for both economic and non-economic losses they’ve suffered as a result of the fatal crash.

Economic Damages

These include measurable financial losses such as:

• Lost earning capacity of the deceased
• Loss of inheritance (what the decedent would have left had they lived a full life)
• Funeral and burial expenses
• Loss of household services

Non-Economic Damages

These cover emotional and relational losses, including:

• Loss of companionship, love, comfort, and society
• Mental anguish and emotional pain suffered by the survivors
• Loss of parental guidance (for children of the deceased)

In rare cases involving gross negligence or willful misconduct, exemplary (punitive) damages may be awarded to punish the wrongdoer and deter similar behavior. These are allowed under Tex. Civ. Prac. & Rem. Code § 71.009.

Wrongful Death vs. Survival Claims: What’s the Difference?

It’s important to distinguish between wrongful death claims and survival actions, as both may be brought after a fatal car crash.

Wrongful Death Claim

• Filed by family members (spouse, children, parents)
• Compensates the survivors for their personal losses

Survival Action (Tex. Civ. Prac. & Rem. Code § 71.021)

• Filed by the decedent’s estate
• Compensates for damages the deceased could have claimed if they had lived (e.g., pain and suffering, medical bills prior to death)

In essence, a survival claim continues the personal injury claim the deceased could have brought. The compensation from survival actions goes to the estate and is distributed according to the will or intestacy laws.

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Both types of claims can be pursued simultaneously, often in the same lawsuit, depending on the circumstances.

Proving Liability in a Texas Wrongful Death Car Accident Case

To succeed in a wrongful death lawsuit arising from a fatal crash, plaintiffs must prove the same elements required in a personal injury case:

1. Duty of care: The defendant (e.g., another driver) owed a legal duty to the deceased.
2. Breach of duty: The defendant failed to act as a reasonable person would under the circumstances.
3. Causation: The breach of duty directly caused the fatal accident.
4. Damages: The death resulted in measurable losses to the survivors.

Evidence commonly used to establish liability includes:

• Police reports
• Eyewitness statements
• Traffic camera footage or dashcam videos
• Toxicology results (for DWI cases)
• Expert accident reconstruction

Working with an experienced wrongful death attorney can help ensure that no critical evidence is overlooked.

How Insurance Affects Wrongful Death Compensation

In most fatal car accident cases, the responsible party’s auto liability insurance is the first source of compensation. Texas requires minimum coverage of:

• $30,000 for bodily injury per person
• $60,000 per accident
• $25,000 for property damage

However, these minimums are often insufficient in fatal crash cases, especially when a family has lost their primary income earner.

Additional sources of compensation may include:

• The defendant’s personal assets
• Commercial liability policies (if the at-fault driver was working)
• Uninsured/underinsured motorist coverage (from the decedent’s policy)

An attorney can identify all potential sources of recovery and negotiate with insurers who often undervalue wrongful death claims.

Common Challenges in Texas Wrongful Death Cases

Even when the facts seem straightforward, wrongful death lawsuits can face several obstacles:

• Disputed liability: The defendant may claim the decedent was at fault or partially responsible.
• Low insurance limits: Many drivers in Texas carry only the minimum required insurance, which may not cover the full extent of damages.
• Multiple claimants: Conflicts can arise among eligible family members over how damages are divided.
• Complex evidence: Accident reconstruction and medical causation often require expert testimony.

These challenges highlight the importance of hiring legal counsel who understands both the emotional weight and legal complexity of fatal accident litigation.

Why Choose Dang Law Group for a Wrongful Death Claim?

At Dang Law Group, we know that no amount of money can replace a loved one. But pursuing a wrongful death claim can provide financial relief, uncover the truth, and deliver a sense of justice for your family. Our attorneys have extensive experience handling wrongful death cases involving:

• Drunk driving crashes
• Commercial truck accidents
• High-speed collisions
• Distracted driving incidents

We handle every case with compassion, diligence, and the aggressive representation needed to take on insurance companies and negligent drivers.

Contact Dang Law Group for Compassionate Legal Help

If you’ve lost a family member in a fatal car accident, you don’t have to face the legal system alone. The wrongful death attorneys at Dang Law Group are here to help you understand your rights, pursue maximum compensation, and hold the responsible parties accountable.

Call us today for a free, confidential consultation. Let us help you seek justice for your loved one.

Information verified by lawyer Loc Dang

Loc Dang is a founder and member of our legal team. In this blog, Attorney Dang shares his expertise to guide accident victims.