What Happens If You Hit Someone With Your Car by Accident, and They Die? 2024 Legal Guide

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.

What Happens If You Hit Someone With Your Car by Accident, and They Die?

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.

What Happens Immediately After an Accident That Results in a Pedestrian’s Death?

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:

• Call 911 to report the tragedy and request medical assistance.
• Cooperate with law enforcement by providing basic details, but refrain from making any statements that could be interpreted as an admission of guilt.
• Gather information from witnesses and other parties involved, but do not discuss fault.

Failing to follow these steps can lead to additional charges and complicate your defense later.

Can You Face Criminal Charges for Accidentally Killing Someone With Your Car in Texas?

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:

• Vehicular Manslaughter: If it’s proven that you were driving recklessly, you may be charged with vehicular manslaughter.
• Criminally Negligent Homicide: If the death was caused by your negligence, such as texting while driving, you could face this charge, which carries penalties of up to 10 years in prison.
• Intoxication Manslaughter: If alcohol or drugs are involved, you may be charged with intoxication manslaughter, which is punishable by up to 20 years in prison.

Civil Liability: Can the Family of the Victim Sue You for Wrongful Death?

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:

• Funeral and burial expenses
• Loss of income or financial support
• Pain and suffering

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.

Contact Us for a Free Consultation About Your Pedestrian Accident Case in Austin

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) 910-2000 or schedule your free consultation today.