Car Accident Wrongful Death

Losing a loved one in a car accident is a devastating experience that no Texas family should have to endure. When a fatal crash is caused by another driver’s negligence — whether through distracted driving, speeding, drunk driving, or reckless behavior — surviving family members have the legal right to pursue a wrongful death claim. At McFarlane Law, our wrongful death attorneys have extensive experience helping families across Texas navigate these complex claims during the most difficult time of their lives, fighting to hold negligent parties accountable and secure meaningful compensation for their loss.

Common Causes of Fatal Car Accidents in Texas

Texas consistently ranks among the deadliest states for traffic fatalities, with thousands of lives lost on state roadways every year. Distracted driving remains one of the leading causes, as drivers who text, browse social media, or otherwise take their attention off the road create deadly hazards for everyone around them. Drunk and impaired driving continues to claim hundreds of Texas lives annually despite stricter enforcement efforts, with intoxicated drivers demonstrating severely impaired reaction times and judgment that lead to catastrophic high-speed collisions. Excessive speeding dramatically increases both the likelihood and severity of fatal crashes, reducing a driver’s ability to react to changing road conditions and multiplying the force of impact in a collision. Failure to yield, running red lights, and aggressive driving behaviors including road rage account for a significant portion of fatal intersection collisions across the state. Additionally, drowsy driving — particularly on Texas’s long rural highways — causes drivers to lose consciousness behind the wheel, often resulting in head-on collisions or high-speed departures from the roadway.

Who Can File a Wrongful Death Claim in Texas?

Under the Texas Wrongful Death Act (Texas Civil Practice and Remedies Code Chapter 71), only specific family members have standing to file a wrongful death lawsuit. The surviving spouse, children (including adopted children), and parents of the deceased person are the only parties authorized to bring a wrongful death action. These eligible family members may file individually or collectively within the statutory timeframe. If no eligible family member files a wrongful death claim within three months of the death, the personal representative of the deceased person’s estate may file a survival action on behalf of the estate. It is important to understand that siblings, grandparents, and other extended family members generally do not have standing to file a wrongful death claim in Texas, making it essential to consult with an experienced wrongful death attorney to understand your specific rights.

Proving Negligence in a Fatal Car Accident Case

To succeed in a wrongful death claim arising from a car accident, the plaintiff must establish four key elements of negligence. First, the at-fault driver owed a duty of care to the deceased — all drivers on Texas roads owe a duty to operate their vehicles safely and follow traffic laws. Second, the driver breached that duty through some negligent action or inaction, such as texting while driving, running a stop sign, or driving under the influence of alcohol. Third, the breach of duty was the proximate cause of the fatal accident — meaning the death would not have occurred but for the driver’s negligent behavior. Fourth, the death resulted in actual damages to the surviving family members, including financial losses, emotional suffering, and loss of companionship. Our attorneys work with accident reconstruction experts, toxicologists, and other specialists to build compelling evidence establishing each element of negligence and the full extent of damages suffered by the family.

Compensation Available in Texas Car Accident Wrongful Death Cases

Texas law allows surviving family members to recover both economic and non-economic damages in a wrongful death action. Economic damages include the deceased person’s lost earning capacity from the date of death through their expected working life, medical expenses incurred between the accident and death, funeral and burial costs, and the loss of financial support and inheritance the family would have received. Non-economic damages compensate for the profound personal losses suffered by the family, including loss of love, companionship, comfort, and emotional support; loss of the deceased’s care, maintenance, services, and guidance; and the mental anguish and emotional pain experienced by surviving family members. In cases involving particularly egregious conduct — such as extreme intoxication or intentional recklessness — Texas courts may award exemplary (punitive) damages to punish the wrongdoer and deter similar behavior. McFarlane Law meticulously documents every dimension of loss to ensure our clients receive the maximum compensation available under the law.

How McFarlane Law Handles Fatal Car Accident Cases

When a family comes to McFarlane Law after losing a loved one in a car accident, we immediately begin a comprehensive investigation to preserve critical evidence before it disappears. This includes securing police reports, dashcam and surveillance footage, witness statements, vehicle black box data, cell phone records, and any available toxicology results. We engage top accident reconstruction experts to analyze the crash dynamics and establish exactly how the collision occurred and who bears responsibility. Our team handles all communication with insurance companies — who frequently attempt to minimize payouts or shift blame in fatal accident cases — protecting the family from aggressive adjuster tactics during their period of grief. We work on a contingency fee basis, meaning families pay nothing upfront and we only collect fees if we successfully recover compensation. If you have lost a loved one in a car accident caused by someone else’s negligence, contact McFarlane Law today for a free, confidential consultation at (512) 222-4900.

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