# Will You Go to Jail After a Fatal Car Accident in Houston? | Attorney Brian White **Table of Contents***[*Expand*]* 1. Fatal Car Accidents Under Texas Law 2. Criminal Negligence vs. Recklessness 3. Vehicular Manslaughter  4. Criminally Negligent Homicide 5. Will I Go to Jail If I Cause a Fatal Accident? 6. Contact the Houston Car Accident Lawyers at Attorney Brian White Personal Injury Lawyers For Help ![Will You Go To Jail After a Fatal Car Accident in Houston?](https://attorneybrianwhite.com/wp-content/uploads/2022/08/Will-You-Go-To-Jail-After-a-Fatal-Car-Accident-in-Houston-300x199.jpg) [Car accidents](https://attorneybrianwhite.com/houston-tx/car-accident-lawyer/) in [Houston](https://www.houstontx.gov/), the most populated city in [Texas](https://www.texas.gov/), are a common occurrence. Sadly, many of these accidents can be catastrophic and result in death. When this occurs, prosecutors may pursue criminal charges against the party at fault. In Texas, various laws correspond with accidental death. In any fatal car crash, jail time is a potential consequence, even if the driver at fault had no intention of causing harm. Car wrecks are traumatic for everyone involved, but understanding the legal consequences you could face if you become involved in a tragic car accident is essential. ## Fatal Car Accidents Under Texas Law Generally, prosecutors will look at the facts and evidence to determine what charges to apply following a fatal car crash. Unlike many states, Texas has no specific statutes that correspond with vehicle-related deaths. Most fatalities that result from a car accident will involve at least one of the following elements: - Manslaughter - Reckless driving - Criminal [negligence](https://attorneybrianwhite.com/faqs/what-is-negligence/) - Racing - [DUI/DWI](https://attorneybrianwhite.com/blog/dui-vs-dwi-vs-dwai-whats-the-difference/) - Driving with a suspended license Every car accident is different, and the circumstances will largely determine the charges you’ll face. If you were involved in a [fatal car accident](https://attorneybrianwhite.com/houston-tx/car-accident-lawyer/fatal/), you should be aware of the potential legal consequences. For a legal consultation call [(713) 500-5000](tel:+17135005000) ## Criminal Negligence vs. Recklessness Most criminal charges after a fatal car accident will fall under one of two categories: - Criminal negligence - Recklessness Criminal negligence occurs when a driver ignores a preventable measure, and an accident occurs. Under this statute, Texas law recognizes there was no intent to harm or cause a fatality, and the criminal charges may be less severe. Recklessness is when a driver blatantly ignores a law, acts recklessly, and causes an accident. In other words, recklessness applies when a driver knew their actions were dangerous but proceeded anyway.  ## Vehicular Manslaughter  In Texas, there were roughly [3,896 vehicle-related deaths in 2020](https://ftp.txdot.gov/pub/txdot-info/trf/crash_statistics/2020/01.pdf).  When a driver fails to follow the rules of the road and engages in reckless driving, the consequences can be deadly. You may be charged with manslaughter if any of the following elements exist: - [Speeding](https://attorneybrianwhite.com/houston-tx/car-accident-lawyer/speeding/) - [Running a stoplight](https://attorneybrianwhite.com/faqs/what-are-the-dangers-of-running-a-red-light-in-houston-texas/) or stop sign - DUI/DWI - [Texting while driving](https://attorneybrianwhite.com/blog/texting-and-driving-laws-in-houston/) - [Driving while sleepy](https://attorneybrianwhite.com/blog/falling-asleep-while-driving/) - Reckless moving violations Manslaughter is a [second-degree felony](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.19.htm#:~:text=19.04.,felony%20of%20the%20second%20degree.) in Texas. A conviction can come with the following consequences: - A minimum state prison sentence of 2 years - A maximum state prison sentence of 20 years - A maximum of $10,000 in fines Substantial mitigation and a strategic defense from a criminal defense attorney can help reduce the penalties associated with a manslaughter charge. [Click to contact](/contact-us/) us today ## Criminally Negligent Homicide Texas law recognizes that accidents happen. If you accidentally caused the death of another individual without engaging in reckless behavior, you may be [charged with criminally negligent homicide](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.19.htm#:~:text=19.05.,is%20a%20state%20jail%20felony.). The consequences of this charge are less severe than manslaughter. Penalties include: - Minimum jail time of 6 months - Maximum jail time of 2 years - Maximum of $10,000 fines The bottom line for criminally negligent homicide is that the court recognizes you did not intend to cause the death of another person.  Complete a [Case Evaluation Form](/contact-us/) Now ## Will I Go to Jail If I Cause a Fatal Accident? The answer largely depends on the circumstances. In any fatal car crash, every detail will be reviewed and held to high legal standards to determine the outcome.  If you killed someone due to [drunk driving](https://attorneybrianwhite.com/houston-tx/car-accident-lawyer/dui/) or participated in a street race and killed a bystander, jail time is more likely. But if you were involved in an unfortunate accident without acting recklessly, the court may not always impose jail time.  Nonetheless, if you become involved in a car accident, it’s recommended you stay on the scene, call the authorities, and comply with the investigation. Failure to do so may result in added criminal consequences. ## 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](https://www.linkedin.com/in/attorney-brian-white-378410166) Call or Text [(713) 500-5000](tel:+17135005000) or Complete a [Case Evaluation Form](/contact-us/) Car Accidents Blog Posts: [![Driving Without a License Versus Driving Without a License on Person](https://attorneybrianwhite.com/wp-content/themes/brian-white/assets/app/img/default-thumb.webp)](https://attorneybrianwhite.com/blog/driving-without-a-license-versus-driving-without-a-license-on-person/) [Driving Without a License Versus Driving Without a License on Person](https://attorneybrianwhite.com/blog/driving-without-a-license-versus-driving-without-a-license-on-person/) If you’ve been confused about the legal difference between driving without a license and driving without a license [![Collision Insurance vs. Comprehensive Coverage in Texas](https://attorneybrianwhite.com/wp-content/uploads/2025/09/Collision-Insurance-vs-Comprehensive-Coverage-in-Texas-300x169.jpg)](https://attorneybrianwhite.com/blog/collision-insurance-vs-comprehensive-coverage-in-texas/) [Collision Insurance vs. Comprehensive Coverage in Texas](https://attorneybrianwhite.com/blog/collision-insurance-vs-comprehensive-coverage-in-texas/) There are many different types of auto insurance available, and each type covers somewhat different scenarios, [![How To Safely Stop On A Highway Shoulder In An Emergency](https://attorneybrianwhite.com/wp-content/uploads/2025/06/how-to-safely-stop-on-a-highway-shoulder-in-an-emergency-300x158.jpg)](https://attorneybrianwhite.com/blog/how-to-safely-stop-on-a-highway-shoulder-in-an-emergency/) [How to Safely Stop on a Highway Shoulder in an Emergency](https://attorneybrianwhite.com/blog/how-to-safely-stop-on-a-highway-shoulder-in-an-emergency/) Sometimes, it isn’t possible or wise to remain on the road while driving. Your vehicle might experience a [![Multi-car accident in Houston.](https://attorneybrianwhite.com/wp-content/uploads/2026/09/Multi-car-accident-in-Houston-300x225.png)](https://attorneybrianwhite.com/blog/what-should-you-do-after-a-multi-car-accident/) [What Should You Do After a Multi-Car Accident in Houston?](https://attorneybrianwhite.com/blog/what-should-you-do-after-a-multi-car-accident/) A multi-car accident can happen in an instant, but the decisions you make in the minutes and hours that follow can --- Source: https://attorneybrianwhite.com/faqs/will-you-go-to-jail-after-a-fatal-car-accident-in-houston/