Authorities have charged a 37-year-old Leander man with five counts of manslaughter in connection with a deadly Texas crash in Burnet County on July 25. The Texas Department of Public Safety (DPS) reports that the man was driving a Ram 4500 pickup truck with a livestock trailer northbound on U.S. 281 when he crossed into oncoming traffic near Park Road 4. His vehicle collided head-on with a Chevrolet Malibu, then struck a Mercedes SUV, causing it to overturn and catch fire.
All five occupants of the SUV – friends from the Dallas area in their early 20s – died at the scene. The women were on a weekend trip to celebrate one of the victims’ 23rd birthday. The tragedy has left their families and community devastated, with loved ones remembering the victims as inseparable friends. Multiple fundraising efforts have been launched to assist the families with funeral and memorial costs.
While the criminal investigation moves forward, the victims’ families may also have the right to pursue civil action to seek justice and financial accountability. Below, the wrongful death attorneys at Kherkher Garcia provide information about how victims’ families can pursue justice after a tragic crash.
Fatal Auto Accidents in Texas – A Persistent Problem
Tragic crashes like the one that claimed five lives, unfortunately, all too common in Texas. According to the Texas Department of Transportation (TxDOT), the state consistently reports one of the highest numbers of traffic fatalities in the country. Common causes include:
- Distracted driving: Texting, eating, or using in-car entertainment systems.
- Speeding: Speeding reduces reaction time and increases collision severity.
- Driving under the influence: Alcohol, drugs, and even certain prescription medications can impair judgment and coordination.
- Reckless or aggressive driving: Including weaving in and out of lanes, tailgating, or ignoring traffic signals.
- Fatigue: Tired drivers can be just as dangerous as impaired ones.
When negligence or reckless conduct causes a fatal crash, Texas law allows surviving family members to seek justice through civil lawsuits, such as a wrongful death claim.
What Families Can Do After a Fatal Texas Crash
The aftermath of a fatal crash can be overwhelming emotionally, financially, and legally. While no amount of money can replace a loved one, taking the right steps can help protect your family’s rights and future:
- Ensure the accident is fully documented. Police reports, witness statements, photos, and video evidence can be critical.
- Request a copy of the crash report. In Texas, these reports can be obtained through the DPS or local law enforcement.
- Gather information about the at-fault driver. This includes insurance coverage, vehicle ownership, and any available dashcam or surveillance footage.
- Preserve any evidence from the scene. Skid marks, debris patterns, and damage to the vehicles may help reconstruct the crash.
- Contact a wrongful death attorney as soon as possible. The sooner an attorney is involved, the better they can secure evidence and build a strong case.
In Texas, wrongful death claims can be filed by the surviving spouse, children, and parents of the deceased. These claims can seek damages for lost income, funeral expenses, loss of companionship, and emotional pain and suffering.
How an Attorney Can Help After a Fatal Auto Accident
The right attorney can be a critical ally for families facing the aftermath of a fatal accident. At Kherkher Garcia, we help clients by:
- Investigating the crash — working with accident reconstruction experts, reviewing police reports, and gathering all available evidence.
- Identifying all liable parties — sometimes multiple defendants may share responsibility, such as negligent drivers, trucking companies, or vehicle manufacturers.
- Handling insurance negotiations — insurers often try to settle for less than victims deserve. We fight for full and fair compensation.
- Coordinating with the criminal process — ensuring civil claims are timed and structured to benefit from evidence in the criminal case.
- Maximizing available compensation — including damages for medical and funeral costs, lost income, loss of support, and emotional suffering.
By taking over the legal burden, we allow families to focus on grieving and healing while knowing their case is in capable hands.
How Criminal Charges Can Affect Civil Claims
In the recent central Texas crash, the driver has been charged with manslaughter – a serious felony offense under Texas law. Criminal charges focus on punishing the offender and protecting the public, while civil claims seek to compensate victims and their families for losses.
It is important to understand:
- A criminal conviction is not required to win a civil case. The standard of proof in civil court (“preponderance of the evidence”) is lower than in criminal court (“beyond a reasonable doubt”).
- Criminal evidence can strengthen a civil case. Police reports, toxicology results, crash reconstruction findings, and witness testimony from the criminal trial can be used in a civil claim.
- Civil claims can proceed even while criminal charges are pending. However, the timeline and strategy may be adjusted to ensure that evidence from the criminal case is preserved and utilized effectively.
An experienced attorney can navigate both processes, ensuring that the family’s civil rights are protected while the criminal case unfolds.
FAQs About Fatal Auto Accident Claims in Texas
Have questions about wrongful death claims after a tragic Texas crash? Our attorneys are here to help.
Q: Who can file a wrongful death claim?
A: Under Texas law, the surviving spouse, children, and parents of the deceased have the right to file. If none of these parties file within three months, the executor of the estate may bring the claim unless instructed otherwise by the family.
Q: How long do I have to file a wrongful death lawsuit in Texas?
A: In most cases, you have two years from the date of death to file a claim. Missing this deadline can permanently bar recovery.
Q: Can I still file a claim if the at-fault driver is in jail?
A: Yes. Criminal incarceration does not prevent a civil claim. In fact, the criminal conviction or guilty plea may support your case.
Q: What if the at-fault driver has little or no insurance?
A: Your attorney can explore other sources of recovery, such as the driver’s personal assets, employer liability, or your own uninsured/underinsured motorist coverage.
Q: Will I have to go to court?
A: Many wrongful death claims settle out of court, but some cases do proceed to trial if a fair settlement cannot be reached. Your attorney will prepare you for every stage of the process.
Kherkher Garcia Fights for Justice and Accountability
When reckless or negligent driving shatters lives, families deserve answers, justice, and fair compensation. At Kherkher Garcia, our attorneys have decades of experience handling wrongful death and catastrophic injury cases across Texas. We understand the emotional toll these cases take, and we approach every client with compassion, skill, and determination.
We fight aggressively to hold negligent drivers accountable, and to secure the resources families need to rebuild their lives. Our team is ready to:
- Investigate your case immediately
- Handle all legal communications and filings
- Preserve crucial evidence before it’s lost
- Negotiate for the maximum compensation available
- Take your case to trial if necessary
Call for a Free Consultation Today
If your family has lost a loved one in a Texas crash, you don’t have to face the legal and financial aftermath alone. Contact Kherkher Garcia today for a free, confidential consultation. We will explain your rights, outline your options, and stand by you every step of the way.
Call us at 713-333-1030 to get started. You can also request more information by submitting our online contact form.
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