What Happens After a Fatal Car Accident in Texas?

Losing a loved one in a car crash is devastating. Unfortunately, fatal car crashes are much more common than we may care to admit, with 3,769 traffic fatalities recorded in Texas in 2025 alone.

Surviving family members are left facing grief, difficult decisions, and unanswered questions. Chief among them is often, “What do I do now?”

For families trying to understand what happens after a fatal car accident, knowing what steps to take can provide clarity during an otherwise overwhelming time.

From the immediate actions to take after a crash to the legal options that may be available to you and your family, Thomas J. Henry is here to help every step of the way.

What Happens Immediately After a Fatal Car Accident?

Following a fatal crash, law enforcement and first responders work rapidly to secure the scene and preserve evidence before wreckage is cleared.

At the scene of the accident, police may:

• Provide or arrange emergency medical assistance
• Identify the people and vehicles involved
• Interview drivers and witnesses
• Photograph or document the scene
• Examine vehicle damage and other physical evidence
• Look for evidence of intoxication, distracted driving, speeding, or other contributing factors
• Determine whether criminal charges may be appropriate

Texas law then requires investigating officers to submit a crash report to the Texas Department of Transportation (TxDOT). Once police complete the initial crash report, they typically provide a copy to the family. Family members can also access the report through TxDOT’s crash reports and records system.

However, the investigation does not necessarily end once the initial report is submitted.

Depending on the circumstances of the crash, the police investigation may continue well after the vehicles have been removed from the roadway. This is especially true when intoxication, reckless driving, or other potentially criminal behavior is suspected.

How Is the Cause of the Crash Investigated?

Even after the crash scene is cleared, the investigation continues. Investigators will examine the vehicles, roadway, and traffic signals, alongside weather conditions, skid marks, surveillance footage, cell phone records, witness statements, and other evidence.

In some cases, investigators may also conduct toxicology testing or examine whether a driver was speeding, impaired, distracted, fatigued, or otherwise violating traffic laws.

If surviving family members suspect that the crash that claimed their loved one was the result of another person’s or company’s negligence, they should also consider hiring an attorney or an independent investigator to investigate the crash.

It is important that this step is taken early, as evidence can change or disappear over time. Witnesses may forget details, surveillance footage may be overwritten, and damaged vehicles may be repaired or destroyed.

A wrongful death attorney can take immediate steps to preserve critical evidence, identify potential witnesses, obtain available surveillance or video footage, and work with qualified investigators and experts to ensure a clear and accurate understanding of the crash is documented.

What Happens to the Deceased Person’s Property?

After a fatal crash, the deceased person’s vehicle and personal belongings may become evidence in the investigation.

The vehicle may be inspected by law enforcement, insurance companies, or experts. Depending on the circumstances, it may be important to preserve the vehicle before repairs, disposal, or other changes occur.

Personal property recovered from the crash may also need to be collected and preserved.

Families should be cautious about allowing potentially important evidence to be discarded or altered before the circumstances of the crash have been fully investigated. At Thomas J. Henry, our attorneys work diligently to ensure evidence is preserved and that the evidence is available to surviving family members as they consider their legal options.

What Happens With the Medical and Autopsy Records?

If the victim survived the crash for any period of time, medical records can help establish the injuries suffered and the treatment provided before death. An autopsy can provide additional information about the cause and manner of death.

These records can become important evidence in a wrongful death investigation and can help establish the connection between the crash and the victim’s death

Medical records can typically be obtained by the victim’s spouse, estate representative, or another person with appropriate legal authority under HIPAA. For autopsy reports, family members will need to request a copy from the appropriate government agency, like the medical examiner’s office or the justice of the peace.

A wrongful death attorney can help determine who is authorized to request these records and take steps to obtain them when those records are relevant to the case.

What Happens With the Other Driver’s Insurance Company?

The other driver’s insurance company may contact the family after a fatal crash; however, it is advised that the family consult with an attorney before speaking to the other driver’s insurer.

Keep in mind, the other driver’s insurance company isn’t on your side. Their goal is to protect their client and pay out as little money as possible. As such, families should refrain from discussing fault, their loved one’s medical history, or their ongoing grief until they understand the full extent of their legal rights.

Even routine, polite answers to an adjuster’s check-in can backfire. An innocent response like “we’re hanging in there” can be weaponized in court to claim your emotional toll isn’t as severe as reported, directly lowering the value of your pain and suffering compensation.

Thomas J. Henry’s wrongful death attorneys can advise you on potential pitfalls, handle all communications with the insurance adjuster, and ensure you do not inadvertently compromise your legal claim.

Can the Family File a Wrongful Death Claim?

Yes, in certain circumstances.

Texas law allows family members to file a wrongful death claim when a person’s death is caused by another person’s negligent, careless, or reckless behavior. For example, a wrongful death claim could potentially arise from a fatal crash caused by:

• Drunk or impaired driving
• Distracted driving
• Speeding
• Reckless driving
• Running a red light or stop sign
• Failure to yield
• Fatigued driving
• A defective vehicle or vehicle component
• A dangerous roadway condition
• Negligent hiring or supervision of a truck driver
• A commercial driver’s negligence

The specific facts of the crash determine whether a wrongful death claim exists and who may be held responsible.

Who Can File a Wrongful Death Claim in Texas?

Texas law identifies specific family members who may bring a wrongful death lawsuit.

Generally, the surviving spouse, children, and parents of the deceased may bring a claim. To learn more about who qualifies under Texas law, read our detailed guide: Who Can File a Wrongful Death Claim in Texas?

Because family circumstances can vary, determining who has the right to bring a claim may require reviewing the deceased person’s family relationships and estate.

What Damages Can a Family Recover?

A wrongful death claim is intended to compensate family members for losses resulting from their loved one’s death. Depending on the circumstances, recoverable damages may include losses related to:

• Lost financial support
• Lost services
• Lost inheritance
• Lost companionship and society
• Mental anguish
• Funeral and burial expenses

The types and amount of damages available depend on the circumstances of the case and the evidence supporting the family’s losses.

In some cases, a separate survival action may also be involved. A survival claim is different from a wrongful death claim and can allow certain claims belonging to the deceased person to continue after death.

What If the Other Driver Is Criminally Charged?

A fatal crash can result in both a criminal investigation and a civil claim. For example, prosecutors may pursue charges if investigators believe a driver was intoxicated or driving recklessly when the crash occurred.

A criminal case and a wrongful death case are separate proceedings. A family does not necessarily have to wait for a criminal case to conclude before pursuing a civil claim. They are free to pursue their claim as the criminal case is being investigated and prosecuted.

Likewise, the absence of criminal charges does not automatically mean that a family has no potential wrongful death claim. Civil liability and criminal liability involve different legal standards and questions.

How Long Does a Family Have to File a Wrongful Death Claim?

Texas generally provides a two-year limitations period for wrongful death lawsuits, but that does not mean families should wait to speak with an attorney.

Important evidence can become more difficult to obtain as time passes. Surveillance footage can disappear, vehicles can be repaired or destroyed, witnesses can become harder to locate, and memories can fade.

Beginning an investigation early can help preserve evidence while it is still available. This is why you should consult with a wrongful death attorney as soon as possible.

How a Wrongful Death Attorney Can Help

A fatal car accident investigation can involve much more than reviewing a police report.

At Thomas J. Henry, we work with accident reconstructionists, forensic engineers, medical professionals, and other experts to determine how the crash happened and how it could have been prevented.

Our attorneys will obtain crash reports and other records, interview witnesses, examine vehicles, review photographs and videos, analyze electronic evidence, and investigate the responsible driver’s history.

If the at-fault driver was acting within the scope of their employment when the accident occurred, we will investigate whether the company may also be held responsible and pursue every available source of compensation on your family’s behalf.

Thomas J. Henry is committed to your full financial recovery. We do not cut corners, and we pursue every case with the dedication and tenacity it deserves.

Contact Thomas J. Henry Law After a Fatal Car Accident

Nothing can undo the loss of a loved one. But when another person’s negligence contributes to a fatal crash, Thomas J. Henry is committed to ensuring all responsible parties are held accountable and surviving family members are awarded the compensation they deserve.

If your loved one was killed in a car accident, call Thomas J. Henry for a free and confidential case review. Our wrongful death attorneys are available 24/7, nights and weekends to assist you.