When a driver strikes and kills a pedestrian in Texas, the spouse, children, and parents can bring a wrongful death claim, and the estate can bring a survival claim. Drivers and their insurers often blame the person who was walking. Evidence gathered early, especially video, usually decides that dispute. Owsley Law Firm represents families after fatal pedestrian crashes and charges no fee unless it recovers.
Who can make a claim when a pedestrian is killed?
Under Chapter 71 of the Texas Civil Practice and Remedies Code, the surviving spouse, children, and parents can bring a wrongful death claim. The estate brings a survival claim under section 71.021 for the medical bills, funeral expenses, and pain the person suffered before death.
If the person who died was a child, the parents are the wrongful death beneficiaries, and the claim reflects the loss of the child’s companionship and the family’s grief.
How do drivers cause fatal pedestrian crashes?
Many fatal pedestrian crashes in Texas happen at night, on wide multi-lane roads where drivers travel at high speed between signals. Common driver failures include the following.
- Failing to yield in a marked or unmarked crosswalk
- Turning right on red without looking for people crossing
- Speeding on arterials and frontage roads
- Driving while distracted or impaired
- Leaving the scene after the crash
Will the driver claim the pedestrian was at fault?
Usually. The most common defenses are that the person was outside a crosswalk, crossed against the signal, wore dark clothing, or was impaired. Texas assigns fault in percentages under Chapter 33. The family’s recovery is reduced by any share assigned to the person who died and barred only if that share exceeds 50 percent.
Drivers still owe a duty to watch for and avoid pedestrians, even outside crosswalks. Video, lighting conditions, vehicle speed data, and witness accounts often show the driver had time to see and avoid the person.
What if the driver fled the scene?
If the driver is identified, the claim proceeds against that driver. If not, the deceased person’s own auto policy, or a household family member’s policy, may provide uninsured motorist coverage for a hit-and-run, subject to the policy’s requirements. Personal injury protection on the family’s policy may also cover some expenses.
Police investigations of fatal hit-and-runs often identify the driver later. The firm follows the investigation and requests video from nearby cameras.
What can the family recover?
The family can recover for lost financial support, lost care and companionship, and their mental anguish. The estate can recover medical and funeral expenses and the conscious pain the person experienced before death. If the driver was grossly negligent, for example intoxicated or racing, exemplary damages may be available under Chapter 41, subject to its limits.
What if a government road design contributed?
Some fatal pedestrian crashes happen where there was no safe crossing, no lighting, or a signal that was not working. Claims against a city, county, or TxDOT fall under the Texas Tort Claims Act, which limits damages and requires written notice within six months, or sooner under some city charters. If road conditions may have contributed, that deadline should be treated as urgent.
How long does the family have to act?
Generally two years from the date of death under section 16.003 for claims against private parties, and as little as six months for notice to a government unit. Video and witness memory fade much faster. The firm can begin preserving evidence while the family grieves.
What evidence matters most in a fatal pedestrian case?
Because the person who was walking cannot tell their side, the case depends on what can be gathered from the scene and from the driver’s vehicle. Video from intersections, buses, businesses, and doorbell cameras can show exactly where the person was and how the driver approached. The vehicle’s event data recorder can show speed and braking. Lighting conditions at the time, and whether street lights were working, matter too.
The investigating agency’s scene measurements and photographs are important, and a full investigation file can often be requested once any criminal review is complete. The firm moves quickly to preserve private video before it is overwritten.
Common questions
What clients ask about fatal pedestrian crashes.
Our loved one was not in a crosswalk. Is there still a claim?
Possibly. Drivers must still exercise care to avoid pedestrians. Fault is divided by percentage, and a claim survives if the pedestrian was 50 percent or less at fault.
The driver was not charged. Does that mean they were not at fault?
No. A decision not to file criminal charges is not a finding that the driver was careful. The civil standard is different.
Can we get the police investigation file?
The crash report is available, and fuller investigation files can often be obtained once any criminal investigation is complete. The firm handles those requests.
Our loved one had no car insurance. Is there coverage?
A household family member’s auto policy may provide UM or PIP coverage. The firm checks every policy in the household.
What does the firm charge?
Nothing up front, and no fee unless it recovers for the family.