Legal Actions for Family Members After a Fatal Car Accident

After losing a loved one in a fatal car accident, many people wonder: can you sue someone for killing a family member in a car accident?

The answer is a bit complicated. Texas law puts restrictions on:

who can file a wrongful death lawsuit,
time limits on filing the lawsuit and;
requirements to prove liability and negligence.

In this blog post, we’ll answer this in more depth. Let’s begin.

Fatal Car Accident Lawsuit Process and Requirements

When a person is killed in a motor vehicle accident due to another person’s actions, the incident may qualify as a wrongful death. In Texas, the law mandates that the responsible party must compensate the surviving family members.

However, Texas car accident laws state that only specific family members are eligible to receive compensation in a wrongful death claim.

Here are the surviving family members that may bring a wrongful death suit:

The surviving spouse,
children, or
parents of the deceased are the only family members.

Any of these individuals may initiate the lawsuit on behalf of all eligible family members.

Additionally, if none of the eligible survivors file a wrongful death lawsuit within three months of the decedent’s date of death, the executor or administrator of the deceased’s estate is required to file the lawsuit.

However, if the eligible family members request that no action be taken, the executor or administrator must comply with their wishes.

Compensation for Families in Car Accident Death Cases

The Texas Civil Practice and Remedies Code says a person is liable to pay damages when they cause the death of an individual by:

Wrongful act
Neglect
Carelessness
Unskillfulness
Default (failure to fulfill duty of care)

A person who causes a car accident because they are speeding or because they run a red light, is liable for the damage caused by choosing to break the law.

But that’s not all.

The law also states, if a person’s conduct does not directly violate a law, then their actions will be judged against the standard of what a reasonable person would do given like circumstances.

If a driver’s actions are not reasonable and those actions cause the death of another, the driver will be liable for the damage.

But what are those damages?

Surviving family members are entitled to be compensated for two types of damages: economic and non-economic losses. Economic losses can include:

the lost income the deceased would have earned,
the value of services and support the deceased would have provided to the family, such as childcare and household maintenance,
Loss of an anticipated future inheritance can also be an economic loss,
funeral costs,
medical bills and medical expenses.

Non-Economic Damages in Fatal Car Crash Cases

Non-economic damages, such as emotional distress or the loss of future companionship, require a complex calculation based on factors unique to each grieving family. For example:

Loss of companionship considers the emotional bond between the deceased and their loved ones (e.g., a parent’s guidance for a child or a spouse’s lifelong partnership).
Emotional distress accounts for grief, anxiety, or depression caused by the loss.

Courts often evaluate the deceased’s role in the family, their life expectancy, and the quality of relationships to determine fair compensation. To secure the maximum compensation your family deserves, it’s critical to work with a skilled wrongful death attorney who knows how to hold negligent drivers accountable. Attorneys use expert testimony, family diaries, or counseling records to quantify these intangible losses.

Punitive Damages (Exemplary Damages)

In rare cases, courts award punitive damages (also called exemplary damages) to punish wrongdoers for exceptionally reckless or intentional behavior. Examples include:

A driver racing at double the speed limit.
A trucking company ignoring repeated safety violations.

Unlike compensatory damages (which cover losses), punitive damages aim to deter similar conduct.

Our wrongful death lawyers will calculate your family’s total damages and build a strong case to ensure the at-fault driver is held fully responsible.

Insurance Limitations in Car Accident Wrongful Death Claims

Insurance companies often cover compensation for wrongful death claims, but policies have limits. For instance, a driver may carry only $30,000 in liability coverage, while your family’s losses exceed $500,000.

These limits may fail to fully cover all losses, leaving families undercompensated. Key steps to address this:

Review the at-fault driver’s policy for umbrella coverage or additional layers.
Explore your own underinsured motorist (UIM) coverage if applicable.

Recovering Compensation Beyond Insurance

If insurance coverage is exhausted or unavailable, you can file a lawsuit directly against the at-fault party to recover compensation from their personal assets. This might include:

Personal savings, property, or investments.
Wage garnishment from future earnings.

However, many drivers lack sufficient assets, so attorneys also pursue third parties (e.g., employers for negligent hiring or bars under dram shop laws).

Because wrongful death cases often involve significant compensation amounts, identifying all possible recovery sources—including insurance, personal assets, or third parties—is essential to ensure fair compensation for your family.

Why Legal Expertise Matters

Insurance adjusters often downplay non-economic damages or claim “shared fault” to reduce payouts. A wrongful death attorney can:

Challenge lowball offers with evidence of the deceased’s irreplaceable role.
File a survival action to recover the deceased’s pre-death pain and suffering.
Identify hidden assets or alternative defendants (e.g., vehicle manufacturers for defective parts).

Example: If a drunk driver with minimal insurance caused the crash, your lawyer might sue the bar that over-served them (under Texas dram shop laws) to access deeper pockets.

We cover go more in depth on survival actions next.

Survival of Personal Injury Claims After Death: The Deceased’s Heirs May Have a Personal Injury Claim

A person injured in a car accident might not die immediately. If the injured person had the legal right to file a personal injury claim before their death, that right passes to the deceased’s estate to benefit their heirs.

When the circumstances support both a wrongful death claim and a survival action, these cases can proceed simultaneously.

Note that:

A wrongful death claim compensates specific family members (e.g., spouses, children, parents) for their losses, such as emotional pain or lost financial support.
A survival action seeks compensation for losses the deceased suffered while alive, such as medical bills or pain before death.

This action compensates the deceased’s estate heirs, who may not be the same individuals as the wrongful death beneficiaries.

Understanding Liability in a Wrongful Death Cases

Any driver whose negligent or wrongful actions contributed to an accident that caused an individual’s death may be held liable to the deceased’s surviving family members. In certain situations, liability may also extend to other parties.

Liability is a legal responsibility or obligation to compensate for harm or damages caused by one’s actions or negligence. In the context of a wrongful death case, liability refers to the legal accountability of a person or entity whose actions contributed to someone’s death, requiring them to provide compensation to the deceased’s surviving family members.

Employer: If a liable driver was an employee performing job-related duties at the time of the accident, the employer may be held legally responsible for the employee’s actions. This is based on the legal principle of vicarious liability, which holds employers accountable for wrongful acts committed by their employees while on the job.
Manufacturer: If a vehicle part fails to function properly and that failure contributes to a fatal accident, the manufacturer of the defective part may be held liable for the resulting damages. This applies when the defect is due to faulty design, poor manufacturing, or lack of adequate warnings about potential risks. If the failure directly causes the accident, the manufacturer may be required to compensate the surviving family members.
Maintenance/Service Provider: Businesses that service, inspect, or repair vehicles can be liable for damages if faulty workmanship or failure to diagnose a mechanical issue leads to an accident. If a mechanic or service provider neglects proper maintenance procedures or installs defective parts, and this contributes to a fatal crash, they may be held financially and legally responsible for the consequences.
Deceased: Liability for an accident is shared among all parties found to be responsible, including the deceased person. If the deceased is found to have contributed to the accident, their percentage of fault is determined. However, survivors may still pursue compensation unless the deceased’s liability exceeds 50%.

In such cases, Texas law prevents recovery. If the deceased’s liability is 50% or less, the compensation awarded to the survivors is reduced by the deceased’s percentage of fault. For example, if the deceased was 20% at fault, the final compensation amount is reduced by 20% to reflect their share of responsibility

Next Steps for Families

Act quickly—Texas has a 2-year statute of limitations for wrongful death claims.

If eligible family members fail to bring a wrongful death claim within the first 3 months of death, the deceased’s representative will have 2 years from the date of death to bring the action.

Contact a wrongful death attorney to:

Preserve evidence (e.g., crash reports, witness statements).
Calculate both economic and non-economic damages.
Navigate insurance hurdles or asset recovery.

It is important your family get the legal advice you need. Our personal injury lawyers have handled many complex auto accident cases. Our award winning, board-certified personal injury attorneys have considerable experience successfully advocating on behalf of families who have lost a loved one in a car accident. Contact us today for a free case evaluation and we can discuss your legal options.