Yes, you can sue for wrongful death after a car accident in Texas if another driver’s negligence caused the fatal crash. Fatal car accidents are the most common basis for wrongful death claims in Texas, and qualifying family members have the right to pursue full compensation for their losses under Tex. Civ. Prac. & Rem. Code §§ 71.001–71.012.

Chris Sanchez is a personal injury attorney at The Relentless Lawyer, serving McAllen, Edinburg, Pharr, Mission, and the Rio Grande Valley, Texas.

Fatal Car Accidents and Wrongful Death in Texas

Texas consistently ranks among the states with the highest number of traffic fatalities each year. The Rio Grande Valley — including Hidalgo County, where McAllen is located — sees a significant volume of fatal crashes on U.S. Highway 83, U.S. Highway 281, Texas State Highway 107, and other major corridors. When these crashes are caused by another driver’s negligence, the victim’s family has the right to file a civil wrongful death lawsuit regardless of whether criminal charges are pursued.

Wrongful death from a car accident arises from the same negligence principles that apply to any serious personal injury case: the at-fault driver had a duty to operate their vehicle safely, they breached that duty, and that breach directly caused the fatal crash and the family’s resulting losses.

Common Causes of Fatal Car Accidents That Lead to Wrongful Death Claims

Drunk driving (DWI) — driving while intoxicated is one of the most common causes of fatal crashes and may support both wrongful death damages and punitive damages for gross negligence
Distracted driving — texting, phone use, and other distractions that divert the driver’s attention from the road
Speeding and reckless driving — excessive speed reduces reaction time and dramatically increases the severity of crashes
Running red lights and stop signs — intersection accidents frequently result in fatal side-impact collisions
Commercial truck crashes — large semi-trucks and 18-wheelers cause catastrophic injuries in fatal crashes; driver fatigue, improper loading, and carrier negligence are all potential liability factors
Drowsy driving — fatigued drivers, particularly commercial drivers who violate hours-of-service regulations, create serious hazards on Texas highways
Defective vehicles or parts — brake failures, tire blowouts, or other mechanical defects caused by a manufacturer may give rise to product liability claims alongside the wrongful death action

Connecting Negligence to the Fatal Crash

To succeed in a wrongful death car accident case in Texas, you must prove that the at-fault driver was negligent and that their negligence was the proximate cause of your loved one’s death. This requires evidence including:

Police accident reports and crash reconstructions
Traffic camera and dashcam footage from the crash scene
Physical evidence from the vehicles and roadway
Toxicology reports if alcohol or drug impairment is suspected
Cell phone records if distracted driving is alleged
Expert accident reconstruction testimony
Medical examiner and autopsy reports establishing cause of death
Witness statements and testimony from first responders

In commercial truck accident cases, additional evidence includes driver logbooks, electronic logging device (ELD) data, truck maintenance records, the trucking company’s safety compliance history, and black box data from the truck itself.

Running Civil and Criminal Cases Simultaneously

If the at-fault driver is facing criminal charges — for example, intoxication manslaughter (Tex. Penal Code § 49.08) or criminally negligent homicide — the civil wrongful death case can proceed simultaneously. The criminal and civil proceedings are independent, and a criminal conviction or guilty plea is powerful evidence of liability in the civil case.

The civil standard of proof (preponderance of the evidence) is lower than the criminal standard (beyond a reasonable doubt). This means a civil wrongful death case can succeed even if the criminal case results in an acquittal. Families should not wait for the criminal process to conclude before consulting a civil attorney — the two-year civil statute of limitations under § 16.003 runs from the date of death regardless of where the criminal case stands.

Insurance Limits and When to Pursue an Excess Judgment

In many fatal car accident cases, the at-fault driver’s liability insurance policy may not be sufficient to fully compensate the family for their losses. Texas requires minimum liability coverage of only $30,000 per person and $60,000 per accident under Tex. Transp. Code § 601.072 — coverage levels that are wholly inadequate in a fatal accident case with significant lost income and grief damages.

When insurance is insufficient, additional sources of compensation may include:

The at-fault driver’s personal assets if they have them
Underinsured motorist (UIM) coverage on the victim’s own policy
The victim’s own uninsured/underinsured motorist coverage
Commercial trucking company insurance, which typically carries much higher policy limits
Additional defendants such as employers (if the at-fault driver was working), dram shops (if alcohol was served illegally), or vehicle manufacturers (if a defect contributed to the crash)

An experienced wrongful death attorney will investigate all potential sources of recovery to ensure the family receives the full compensation they are owed.

Filing in Hidalgo County

Wrongful death lawsuits arising from fatal accidents in McAllen and the surrounding Rio Grande Valley communities are typically filed in Hidalgo County District Court. Venue in Texas is governed by Tex. Civ. Prac. & Rem. Code Chapter 15. In cases involving multiple defendants or crashes that cross county lines, venue analysis is important. An attorney familiar with Hidalgo County courts can help ensure your case is filed in the most advantageous jurisdiction.

For a free consultation, contact Chris Sanchez at The Relentless Lawyer at therelentlesslawyer.com or call our McAllen office.

Frequently Asked Questions

Can I file a wrongful death lawsuit if the driver who caused the accident died in the same crash?

Yes. If the at-fault driver also died in the crash, a claim can be filed against their estate. The at-fault driver’s liability insurance policy typically still covers the claim even after the driver’s death.

What if my family member was partially at fault in the fatal car accident?

Texas applies modified comparative fault under Chapter 33 of the Texas Civil Practice and Remedies Code. As long as the deceased is found to be 50% or less at fault, the family can still recover wrongful death damages, reduced proportionally by the deceased’s percentage of fault.

How long do I have to file a wrongful death lawsuit after a fatal car accident in Texas?

Two years from the date of death under Tex. Civ. Prac. & Rem. Code § 16.003. The criminal case timeline does not affect this civil deadline.

Can I sue a trucking company for wrongful death in Texas?

Yes. Trucking companies can be held liable for their drivers’ negligence under respondeat superior, and directly liable for their own negligence in hiring, training, supervision, and vehicle maintenance. Commercial trucking cases often involve higher insurance limits and multiple potentially liable defendants.

What if the at-fault driver did not have insurance?

If the at-fault driver was uninsured, you may have a claim under your own uninsured motorist (UM) coverage. An attorney can also investigate whether other parties — such as an employer, a bar that served the driver, or a vehicle manufacturer — may share liability.

Can a wrongful death settlement be reached without going to trial?

Yes. Many wrongful death cases are resolved through settlement negotiations before trial. However, accepting a settlement means giving up the right to pursue additional compensation. An attorney can evaluate whether a settlement offer reflects the full value of your family’s claim before you agree to anything.

Is a police report enough to prove fault in a Texas wrongful death car accident case?

A police report is valuable evidence but is generally not sufficient on its own. A thorough case includes accident reconstruction analysis, physical evidence, witness testimony, and potentially expert opinions that go beyond what a police report typically captures.