When a stationary pedestrian loses their life due to a driver's negligence, Texas law gives surviving families the right to pursue a wrongful death claim.
Get Help Now →Losing a family member in a sudden, violent crash is a trauma no one should have to face. When that person was simply sitting on a curb and posed no hazard to anyone, the questions about what happened and who is responsible can feel overwhelming. Families are left grieving while also navigating police investigations, medical examiner reports, and the pressure of financial uncertainty, often all at once.
In the immediate aftermath of a fatal pedestrian crash, families rarely know what legal options are available to them or how quickly they need to act. Insurance companies and opposing legal teams often begin building their case right away. Understanding your rights and getting connected with qualified legal counsel as soon as possible can make a meaningful difference in the outcome of a wrongful death claim.
Under Texas law, the surviving spouse, children, and parents of the deceased are generally eligible to bring a wrongful death claim. If none of those parties file within three months, the executor of the estate may file on the estate's behalf.
Texas law generally requires wrongful death lawsuits to be filed within two years of the date of death. Missing this deadline can bar a family from recovering compensation entirely, which is why contacting an attorney promptly is strongly advised.
Potentially yes. A driver has a duty to operate their vehicle safely and avoid foreseeable hazards. A stationary person on a curb may still fall within that duty. Whether liability exists depends on the specific facts of the crash, which is something an attorney can evaluate.
Texas law allows claims against multiple parties depending on the circumstances. This could include the vehicle owner if different from the driver, an employer if the driver was on duty, or other entities depending on factors like road conditions or traffic control. An attorney can help identify all potentially liable parties.
HurtMatch is a free legal referral service. We are not a law firm and do not provide legal advice, but we connect families with qualified Texas personal injury attorneys who handle wrongful death cases. There is no fee to use HurtMatch, and the attorneys in our network work on a contingency basis, meaning no fee unless you win.