Fatal Car Accidents
Fatal Car Accident Lawyer in Houston, TX
Did someone you love lose their life in a car accident in Houston? You might feel devastated and unsure of what to do next. Your family might also be facing unexpected bills and financial strain. If so, you should know that you and your surviving family could have the right to take legal action and seek compensation for your loss — and you don’t have to do it alone.
A Houston fatal car accident lawyer from The Callahan Law Firm can guide you through your options and take the lead in building your wrongful death lawsuit. We can take steps to investigate the crash, gather critical evidence, and handle all contact with the insurance company. Our team will focus on your case while you focus on your family.
If you’re ready to discuss your legal options, contact our team today for your free consultation with a fatal car accident lawyer in Houston. You pay nothing unless we recover compensation for your wrongful death case.
How a Houston Fatal Car Accident Lawyer Can Help You
If someone you love died in a car accident, a lawyer can help you take action and demand accountability for your loss. You could be entitled to compensation for expenses like medical bills, funeral costs, and income losses, as well as the emotional impact of your loved one’s death. Your attorney can investigate the crash, gather evidence, and work with experts to prove what happened and who is responsible. Insurance companies might try to avoid paying what your family deserves, but a lawyer can handle all communication with them and push back against delay and denial tactics.
At The Callahan Law Firm, we have represented individuals and families in personal injury and wrongful death cases for over 30 years. We intentionally limit the number of cases we take so we can give your case the time, attention, and resources it deserves. Our firm will take steps to prepare your case like it will go to trial, so we’re ready to hit the ground running with a lawsuit and present your case to a jury when necessary.
Attorney Michael S. Callahan is board-certified in personal injury trial law, while partner Casey M. Brown brings valuable insight from his background in insurance defense. This means our team knows how to challenge insurance companies and doesn’t back down from a fight. You can reach us anytime you need us, whether by phone, text, email, video, or in person.
Get in touch with our team now to begin your free, no-obligation consultation session. You won’t owe us any legal fees unless a financial recovery is made in the case.
What Compensation Is Recoverable in a Fatal Car Accident Claim?
There are two main categories of damages (monetary awards) available in fatal car accident claims in Houston and the state of Texas: compensatory (or actual) damages and exemplary damages.
Compensatory damages are meant to compensate for the financial and emotional losses the deceased’s loved ones suffered and will continue to suffer due to the person’s death. This can include compensation for the deceased’s final medical bills, funeral and burial costs, lost income the deceased would have earned, and the value of lost care, support, and companionship. Family members can also seek damages for emotional pain and suffering caused by the death. The goal of compensatory damages is to provide money for the real-life impact of the loss.
In some cases, a jury could also award exemplary damages. Under Texas law, family members can seek exemplary damages if their loved one’s death resulted from the defendant’s willful act or omission, or gross negligence. These damages are not intended to compensate the family for its losses. Instead, they serve to punish the wrongdoer and discourage similar behavior in the future.
The amount of fatal car accident compensation available depends on the facts, including how the crash happened and how the loss affected the family. An attorney from The Callahan Law Firm can explain what types of damages could be recoverable in your situation and help you demand full compensation.
Who Can File a Wrongful Death Lawsuit After a Fatal Car Accident?
Only certain family members can file a wrongful death lawsuit after a fatal car accident in Texas. The law allows surviving spouses, children, and parents of the deceased to bring a claim. These family members can file the lawsuit together, or one person may file it on behalf of everyone who qualifies.
If no eligible family member files the lawsuit within three months of the death, the executor or administrator of the deceased person’s estate must file the claim. However, the administrator cannot file a wrongful death claim if every eligible family member asks them not to. If an executor brings a lawsuit, the compensation from the claim can only benefit the spouse, children, or parents.
Texas law does not allow siblings, grandparents, or other relatives to file wrongful death claims. Friends, partners, or fiancés who are not legally married to the deceased also cannot file.
The above discussion may vary to some extent from case to case, which is why it is essential to discuss your case with an experienced wrongful death attorney to determine precisely what your rights are and how to protect them.
What Are Common Causes of Fatal Accidents in Texas?
Many fatal car accidents happen because of drivers who make careless or reckless decisions behind the wheel. Some fatal crashes also involve dangerous road conditions or mechanical problems.
Examples of common fatal accident causes in Texas include the following:
- Speeding – Drivers exceeding the speed limit or driving too fast for conditions
- Driving Under the Influence – Impaired reaction time and judgment due to intoxication
- Distracted Driving – People missing traffic signals or failing to see other vehicles due to distraction such as texting on a cell phone
- Running Red Lights or Stop Signs – Ignoring traffic signs or signals at intersections
- Unsafe Lane Changes – Swerving between lanes without using signals or checking blind spots
- Fatigued Driving – Tired drivers falling asleep at the wheel or reacting too slowly to avoid a crash
- Vehicle Defects – Faulty brakes, worn tires, or other mechanical issues that cause loss of control
- Poor Road Conditions – Potholes, missing signs, or worn pavement
How Long Do I Have to File a Car Accident-Related Wrongful Death Lawsuit in Texas?
In Texas, the general rule is that a claimant has two years to file a wrongful death lawsuit. This two-year filing window begins on the date of your loved one’s death, which might not be the same as the date of the fatal car accident. Regardless, if you wait too long to bring your claim, you will lose the right to pursue your claim and file a lawsuit, in which case you would lose the chance to recover compensation.
Two years might seem like plenty of time, but it’s best to get started with your case sooner rather than later. It can take time to properly investigate the incident, gather critical evidence, hire necessary experts, prepare legal documents, and, when possible, negotiate with insurance companies before filing the lawsuit. Additionally, important evidence can disappear or degrade, and witnesses can become harder to reach as time passes. That’s why you should contact a lawyer from The Callahan Law Firm right away if you think you might have a wrongful death claim.
A fatal car accident lawyer in Houston can review your case, work to gather critical evidence, and make sure the lawsuit is filed on time. They will also handle communication with the insurance company and other parties, so you don’t have to deal with those issues during this difficult time. Prompt action on your part protects your claim and gives your lawyer more time to gather essential evidence for the case to ensure you recover the compensation you deserve.
How Can I Prove Negligence in a Fatal Car Accident Case?
You don’t need to figure out how to prove negligence for your wrongful death case on your own. A Houston fatal car accident attorney can handle the entire legal process so that you have the time and space you need to grieve the tragic loss.
Your lawyer will start by investigating the crash and gathering key evidence. This can include police crash reports, video camera footage, vehicle damage photos, and crash scene details. Your attorney can also talk with witnesses who saw the crash and obtain their statements while their memories are clear.
In many cases, your lawyer will retain and work with experts such as accident reconstructionists. These experts will visit the scene of the crash, take measurements, and gather other information to ultimately explain and reconstruct how the crash happened, why it happened, and who caused it. By putting the right evidence together, your lawyer can demonstrate that the other driver acted carelessly or recklessly and should be held responsible for the crash that tragically took the life of your loved one.
How Many Fatal Car Accidents Happen in Texas and Houston Annually?
The Texas Department of Transportation reported 4,283 deaths statewide from motor vehicle crashes in 2023. Crashes in rural areas accounted for more than half of these traffic deaths. Run-off-road crashes caused 1,368 deaths, another 1,120 people died in intersection-related crashes, and head-on collisions resulted in the deaths of 635 people.
Alcohol and distracted driving played a role in all too many fatal accidents. Texas police linked 1,090 traffic deaths to alcohol-related crashes and 403 deaths to distracted driving accidents. Statistics show that nearly half of all people killed in Texas car accidents that year were not wearing seatbelts.
There were no days in 2023 without at least one traffic death somewhere in Texas. The deadliest day of the year was September 9, 2023, when 25 people died in crashes across the state.
In Houston alone, there were 274 fatal crashes and 290 crash deaths in 2023. These accidents account for 13.3 percent of all fatal crashes in cities and towns across Texas.
Speak with a Fatal Car Accident Attorney in Houston Today
If you tragically lost a loved one in a fatal car accident in Houston or elsewhere in the state of Texas, don’t wait to get legal help. The sooner you act, the more a lawyer can do to protect your rights and build your case. Contact The Callahan Law Firm today to arrange your free initial consultation. We’re here to listen, answer your questions, and help you take the next steps toward justice.