# What Happens When Someone Dies Because of a Car Accident? | Attorney Brian White **Table of Contents***[*Expand*]* 1. Criminal Charges Following a Fatal Texas Car Crash 2. Understanding Your Right to Sue After a Deadly Car Accident 3. Compensation Available for a Fatal Car Accident 4. Criminal Charges vs. Civil Lawsuit 5. Contact the Houston Car Accident Lawyers at Attorney Brian White Personal Injury Lawyers for Help The fatality rate for [Texas](https://www.texas.gov/) roadways and the number of traffic deaths in Texas in 2019 decreased from the prior year. In 2019, 3,610 people died in [motor vehicle accidents in Texas](https://ftp.txdot.gov/pub/txdot-info/trf/crash_statistics/2019/01.pdf), a decrease from 3,652 deaths in 2018. The fatality rate was 2.33 percent lower in 2019 at 1.26 deaths per hundred million miles traveled. For the families who lost loved ones in [car accidents](https://attorneybrianwhite.com/houston-tx/car-accident-lawyer/) in 2019, even one death was one too many. Losing someone you love can result in many different emotions, including anger, frustration, disbelief, and grief. When the death was caused by a negligent, preventable accident, the emotions may become even more intense. Thousands of families each year experience these emotions as they deal with the aftermath of a [fatal car accident](https://attorneybrianwhite.com/houston-tx/car-accident-lawyer/fatal/). Sadly, the consequences of a traffic fatality can include financial hardship for the family. The deadly traffic accident could also result in criminal charges. ## Criminal Charges Following a Fatal Texas Car Crash Whenever there is a deadly car accident, law enforcement officers investigate the cause of the crash to determine who was at fault. The at-fault driver could face one or more criminal charges if the accident involved reckless, negligent, or careless behavior.  Circumstances that could result in a criminal charge after a deadly car accident may include: - **Speeding –**Speeding is one of the most common causes of motor vehicle fatalities each year. [Excessive speed](https://safety.fhwa.dot.gov/speedmgt/ref_mats/fhwasa1304/Resources3/08%20-%20The%20Relation%20Between%20Speed%20and%20Crashes.pdf) increases the risk of a crash and the severity of injuries.  - **Reckless Driving –** The Texas Traffic Code defines [reckless driving](https://statutes.capitol.texas.gov/Docs/TN/htm/TN.545.htm) as operating a vehicle with a wanton or willful disregard for the safety of property or other people. Reckless driving could include [tailgating](https://attorneybrianwhite.com/houston-tx/car-accident-lawyer/rear-end-collision/), [speeding](https://attorneybrianwhite.com/houston-tx/car-accident-lawyer/speeding/), and [distracted driving](https://attorneybrianwhite.com/houston-tx/car-accident-lawyer/distracted-driving/). - **Drunk Driving –** Driving under the influence of drugs or alcohol is illegal. If a [DUI accident](https://attorneybrianwhite.com/houston-tx/car-accident-lawyer/dui/) results in a death, the drunk driver could be charged with numerous crimes. The prosecutor decides whether the at-fault driver’s actions support criminal charges. If the state files criminal charges after a deadly car accident, the case is handled through the criminal court. The family may have a claim in civil court under the [Texas Wrongful Death Act](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.71.htm).  For a legal consultation call [(713) 500-5000](tel:+17135005000) ## Understanding Your Right to Sue After a Deadly Car Accident Motor vehicle accidents are a common reason for filing a [wrongful death lawsuit](https://attorneybrianwhite.com/houston-tx/wrongful-death-lawyer/). A wrongful death occurs when a party negligently or intentionally causes the death of another person. In other words, the person’s death was avoidable had it not been for the at-fault party’s conduct. A wrongful death action seeks compensation for the damages caused by the death of a family member. Spouses, children, and parents generally have the right to file a wrongful death lawsuit. If the deceased did not have any close family members or these individuals did not file a claim within three months of the death, the deceased’s estate can file a claim. According to the [Texas statute of limitations](https://attorneybrianwhite.com/blog/understanding-the-statute-of-limitations-and-your-personal-injury-case/), the family generally has two years to file a wrongful death claim after a fatal car accident. The time begins to run when the person dies, which may or may not be the date of the car wreck. Failing to file a wrongful death lawsuit before the deadline means the family loses the right to seek compensation for damages. ## Compensation Available for a Fatal Car Accident The types of damages allowed for a wrongful death lawsuit are dictated by statute.  The damages that may be allowed in a wrongful death claim include: - Any medical expenses incurred between the date of the car wreck and the date the victim died - Loss of consortium, support, companionship, guidance, and love - Reasonable and necessary costs of a funeral and burial - Loss of value of household services provided by the family member  - Mental distress and anguish - Loss of financial support that would have been provided had the family member survived - Loss of inheritance  In some cases, the family may also receive punitive damages. However, punitive damages are only awarded in certain cases involving gross negligence or wrongdoing.  [Punitive damages](https://attorneybrianwhite.com/faqs/what-are-punitive-damages-in-texas/) do not compensate the family members for losses, even though the family members receive the money. These damages are intended to “punish” the party who caused the death for their conduct.  [Click to contact](/contact-us/) us today ## Criminal Charges vs. Civil Lawsuit A wrongful death lawsuit is separate from any criminal charges the state might file. Even if the state does not charge the at-fault driver with a crime, the family may proceed with a wrongful death action. Likewise, if the person is acquitted or the criminal charges are dropped, the family could still win in a civil court action.  Complete a [Case Evaluation Form](/contact-us/) Now ## Contact the Houston Car Accident Lawyers at Attorney Brian White Personal Injury Lawyers for Help Our offices Houston — Greenway/Upper Kirby 3120 Southwest Freeway, Suite 350 Houston, TX 77098 Open 24 hours daily Call [(713) 364-1466](tel:+17133641466) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%203120%20Southwest%20Freeway%2C%20Suite%20350%2C%20Houston%2C%20TX%2077098) Houston — East Freeway 11811 East Freeway, Suite 630-06 Houston, TX 77029 Open 24 hours daily Call [(713) 609-1893](tel:+17136091893) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%2011811%20East%20Freeway%2C%20Suite%20630-06%2C%20Houston%2C%20TX%2077029) Houston — South Loop 2600 South Loop West, Suite 293 Houston, TX 77054 Open 24 hours daily Call [(713) 281-4904](tel:+17132814904) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%202600%20South%20Loop%20West%2C%20Suite%20293%2C%20Houston%2C%20TX%2077054) Houston — Katy Freeway 11511 Katy Fwy, Suite 515 Houston, TX 77079 Open 24 hours daily Call [(713) 909-7537](tel:+17139097537) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%2011511%20Katy%20Fwy%2C%20Suite%20515%2C%20Houston%2C%20TX%2077079) Houston — Clear Lake 1300 Bay Area Blvd, Suite B268 Houston, TX 77058 By appointment only Call [(936) 508-2854](tel:+19365082854) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%201300%20Bay%20Area%20Blvd%2C%20Suite%20B268%2C%20Houston%2C%20TX%2077058) The Woodlands 1776 Woodstead Ct, Ste. 203 The Woodlands, TX 77380 By appointment only Call [(281) 843-9777](tel:+12818439777) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%201776%20Woodstead%20Ct%2C%20Ste.%20203%2C%20The%20Woodlands%2C%20TX%2077380) Champion Forest (Cypress) 4606 FM 1960 Rd W, Ste. 444 Houston, TX 77069 By appointment only Call [(281) 843-9777](tel:+12818439777) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%204606%20FM%201960%20Rd%20W%2C%20Ste.%20444%2C%20Houston%2C%20TX%2077069) --- ### About the Author Brian White ![About the Author Brian White](https://attorneybrianwhite.com/wp-content/uploads/2024/12/brian-white-houston-personal-injury-lawyer-300x300.jpg) [Brian White](https://attorneybrianwhite.com/about/our-attorneys/brian-white/) earned his J.D. from South Texas College of Law in Houston and is licensed to practice in Texas. He is a [Board-Certified](https://attorneybrianwhite.com/resources/brian-white-is-board-certified-in-personal-injury-trial-law/) Personal Injury Trial Lawyer. Dedicated to giving back, he actively supports local charities and [community initiatives](https://attorneybrianwhite.com/about/community-involvement/). [Client testimonials](https://attorneybrianwhite.com/about/testimonials/) highlight Brian’s compassion, open communication, and dedication to achieving the best outcomes for those he represents. [Avvo](https://www.avvo.com/attorneys/77098-tx-brian-white-74113.html) / [Justia](https://lawyers.justia.com/lawyer/brian-elliott-white-201630) / Linkedin / [Facebook](https://www.facebook.com/login/?next=https%3A%2F%2Fwww.facebook.com%2FBrianWhiteLawFirm%2F/) / [Youtube](https://www.youtube.com/channel/UCDdkDcGkbY2GFTzpeTWypFQ) / [Instagram](https://www.instagram.com/attorneybrianwhite/?hl=en) / [Yelp](https://www.yelp.com/biz/brian-white-and-associates-houston) / Call or Text [(713) 500-5000](tel:+17135005000) or Complete a [Case Evaluation Form](/contact-us/) Car Accidents Blog Posts: [![Hit and Run Accidents in Texas: What Victims Need to Know](https://attorneybrianwhite.com/wp-content/uploads/2021/06/Hit-and-Run-Accidents-in-Texas-What-Victims-Need-to-Know-300x200.jpeg)](https://attorneybrianwhite.com/blog/hit-and-run-accidents-in-texas-what-victims-need-to-know/) [Hit-and-Run Accidents in Texas: What Victims Need to Know](https://attorneybrianwhite.com/blog/hit-and-run-accidents-in-texas-what-victims-need-to-know/) Hit and run accidents can cause debilitating injuries. Sadly, victims of hit-and-run crashes have the burden of [![City-Specific Police or Incident Report Request](https://attorneybrianwhite.com/wp-content/uploads/2025/11/city-specific-police-or-incident-report-request-300x200.jpg)](https://attorneybrianwhite.com/blog/city-specific-police-or-incident-report-request/) [City-Specific Police or Incident Report Request](https://attorneybrianwhite.com/blog/city-specific-police-or-incident-report-request/) If you were in a car crash, involved in a disturbance, or experienced any event that required law enforcement, [![Clear Lake Car Accident Statistics](https://attorneybrianwhite.com/wp-content/themes/brian-white/assets/app/img/default-thumb.webp)](https://attorneybrianwhite.com/blog/clear-lake-car-accident-statistics/) [Clear Lake Car Accident Statistics](https://attorneybrianwhite.com/blog/clear-lake-car-accident-statistics/) As one of the country’s largest metropolitan areas, Houston presents an outsized risk of severe and fatal [![Waymo Self-Driving Cars in Houston, TX: What Happens if There’s an Accident?](https://attorneybrianwhite.com/wp-content/uploads/2025/11/Waymo-Self-Driving-Cars-in-Houston-TX-What-Happens-if-Theres-an-Accident-300x200.jpg)](https://attorneybrianwhite.com/blog/waymo-self-driving-cars-in-houston-tx-what-happens-if-theres-an-accident/) [Waymo Self-Driving Cars in Houston, TX: What Happens if There’s an Accident?](https://attorneybrianwhite.com/blog/waymo-self-driving-cars-in-houston-tx-what-happens-if-theres-an-accident/) With Waymo Houston operations bringing more driverless vehicles to the area, there is a greater likelihood for Houston --- Source: https://attorneybrianwhite.com/faqs/what-happens-when-someone-dies-because-of-a-car-accident/