What Happens When a Hit-and-Run Driver Kills a Pedestrian in Dallas?
A hit-and-run accident involving a pedestrian is one of the most devastating types of crashes. When a driver flees the scene after causing a fatal accident, families are left not only grieving but also searching for answers and financial stability. While these cases can be complex, Texas law provides options for families to pursue justice and compensation.
What Is a Hit-and-Run Accident in Texas?
Under Texas law, a hit-and-run accident occurs when a driver leaves the scene of a crash without stopping to provide assistance or required information. Drivers are legally obligated to stop, check on injured parties, and share contact and insurance details.
When a pedestrian is killed, leaving the scene becomes a serious offense. However, aside from criminal consequences, the driver may also face civil liability for the harm they caused.
Who Is Liable When a Pedestrian Is Killed in a Hit-and-Run?
The driver who caused the accident is typically the primary liable party. Even if they flee, they can still be held responsible once identified.
In some cases, other parties may also share liability, such as:
- An employer, if the driver was working at the time of the crash
- The owner of the vehicle, if different from the driver
- A bar or restaurant that overserved alcohol (under Texas dram shop laws)
Identifying all responsible parties is critical to recovering full compensation.
Can Families File a Wrongful Death Claim in Texas?
When a pedestrian is killed due to another party’s negligence, certain family members can file a wrongful death claim. In Texas, eligible parties typically include the deceased person’s:
- Spouse
- Children
- Parents
A wrongful death claim allows families to seek compensation for the financial and emotional losses caused by their loved one’s death. In some cases, a survival action may also be filed to recover damages the victim could have pursued if they had survived.
What Compensation Is Available After a Fatal Hit-and-Run Accident?
Families may be entitled to recover several types of damages after a fatal pedestrian accident, including economic and non-economic damages.
Economic damages can include:
- Funeral and burial expenses
- Loss of the victim’s income and benefits
- Medical expenses related to the accident
Non-economic damages may include:
- Loss of companionship and support
- Mental anguish and emotional suffering
In especially egregious cases, courts may also award punitive damages to hold the at-fault party accountable for reckless conduct.
What Happens if the Driver Is Found?
If the hit-and-run driver is identified, families can pursue a wrongful death claim directly against them. This typically involves filing an insurance claim or lawsuit to recover damages.
Evidence gathered during the investigation, such as surveillance footage, witness statements, and accident reconstruction, can play a key role in proving liability. A civil case can proceed regardless of whether criminal charges are filed.
What if the Hit-and-Run Driver Is Never Identified?
Depending on the policy and facts of the crash, families may be able to pursue uninsured motorist coverage. Texas UM claims involving an unknown driver may require specific requirements, such as physical contact, so the policy should be reviewed carefully. This type of insurance is designed to protect victims when the at-fault driver is unknown or lacks insurance.
Depending on the circumstances, other sources of compensation may also be available. Exploring all possible options is essential in these cases.
How Fault Is Determined in Dallas Pedestrian Accidents
Texas follows a modified comparative fault rule with a 51% bar to recovery. This means that compensation may be reduced if the victim is found partially responsible for the accident, but only up to a point. If the pedestrian is more than 50% at fault, they are barred from recovering any compensation.
Insurance companies may argue that the pedestrian contributed to the crash, such as by crossing outside a designated area or failing to obey traffic signals. Strong evidence, such as traffic camera footage, witness testimony, expert analysis, and an experienced attorney, is often necessary to establish what really happened and push back against unfair blame.
How Long Do You Have to File a Wrongful Death Lawsuit in Texas?
In most cases, Texas law gives families two years from the date of death to file a wrongful death lawsuit. Failing to file within this timeframe can result in losing the right to pursue compensation. Because evidence can fade and investigations take time, it is important to act as soon as possible.
Contact Benton Accident & Injury Lawyers to Schedule a Free Consultation With a Dallas Personal Injury Attorney
A fatal hit-and-run in Texas can be especially challenging when the driver is unknown. A Dallas personal injury lawyer can investigate the crash, gather evidence, and pursue all potential sources of compensation.
If the driver is found, an attorney can file a wrongful death claim and handle insurance negotiations. If not, they can help pursue compensation through uninsured motorist coverage. To learn more, contact Benton Accident & Injury Lawyers today for a free consultation with a Dallas personal injury lawyer.
We proudly serve in Dallas County and its surrounding areas:
Benton Accident & Injury Lawyers
1825 Market Center Blvd # 350, Dallas, TX 75207
Phone: (214) 556-8321
Hours Open: 24/7
Our firm is located near you. We have an office in Dallas.
Find us with our GeoCoordinates: 32.7950252,-96.8241861
