Free Consultation
Hitting someone with your car by accident is a tragic and overwhelming experience, especially when it results in the person’s death. In such a heartbreaking situation, what happens if you hit someone with your car by accident and they die can feel daunting to understand. The legal consequences in Texas can be severe, and you may face both criminal charges and civil lawsuits. At TK Injury Lawyers, we understand the emotional and legal challenges of accidents like this, and we’re here to help you through every step. Below, we explore the legal outcomes and the actions you should take after such an incident in Austin, Texas.
In Texas, hitting and killing someone with your car, even by accident, can result in grave criminal and civil penalties. The charges you may face depend on the specific circumstances of the catastrophe, such as whether you were obeying traffic laws or driving recklessly.
Texas law allows for various charges, including vehicular manslaughter or criminally negligent homicide. Both charges can lead to jail time and significant fines. Vehicular manslaughter typically applies when a driver is found to have caused a death due to recklessness but without intent to kill. In Texas, penalties for this crime can result in up to 20 years in prison, depending on the case’s severity.
If you’re involved in an event that results in the death of a pedestrian, you must remain at the scene. The state law requires all drivers involved in accidents to stop and provide aid if possible. Failing to do so can lead to hit-and-run charges, significantly worsening your legal situation. Here’s what you should do immediately:
Failing to follow these steps can lead to additional charges and complicate your defense later.
Yes, you can face criminal charges if you accidentally kill someone with your car in Texas. The charges largely depend on your behavior before and during the accident. If you were obeying traffic laws, you might face lesser charges, but the consequences can be rigorous if you were speeding, distracted, or under the influence.
Possible criminal charges include:
In addition to criminal charges, the family of the deceased may sue you for wrongful death in a civil court. Under Texas law, the victim’s family can file a lawsuit to recover compensation for:
Even if the incident was purely accidental and no criminal charges are filed, you could still be held financially responsible through a wrongful death claim. Civil lawsuits are separate from criminal cases and often involve insurance companies, who may settle these allegations to avoid going to trial.
If you’ve been involved in a pedestrian accident with a fatal outcome, the legal landscape can be confusing and overwhelming. At TK Injury Lawyers, we understand wrongful death cases’ emotional and legal complications.
Our experienced attorneys will guide you through your options and fight for the justice you deserve. Call us directly at (512) 982-9713 or schedule your free consultation today.
Trent Kelly obtained his law degree from the University of Arkansas in 2007. He is licensed to practice law in Texas and regularly assists clients with their legal matters. Trent’s practice is primarily focused on personal injury matters – particularly those involving motor vehicles (such as cars, commercial trucks, 18-wheelers, and motorcycles) and wrongful death – but he also handles various business litigation matters as well. Click here to take a look at some complex cases Trent has resolved.
Years of experience: +15 years
Location: Austin, TX
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Trent Kelly, who has more than 15 years of legal experience as a practicing personal injury trial attorney.
Written by TK Injury Lawyers, reviewed by Trent Kelly on December 12, 2024
Many people ask, “Do pedestrians have the right of way in Texas?” The answer is yes, but only in certai...
Written by TK Injury Lawyers, reviewed by Trent Kelly on November 27, 2024
Hitting someone with your car by accident is a tragic and overwhelming experience, especially when it results ...
Written by TK Injury Lawyers, reviewed by Trent Kelly on November 22, 2024
Accidents involving pedestrians can be overwhelming, mainly when they occur outside of a designated crosswalk....
Tell us about your case and our attorneys will contact you promptly
No Fees Unless We Win