Recently, two people were racing their vehicles along Bluff Springs Road in southeast Austin when one struck the side of the other, sending it into a light pole and killing the driver. Initially, the second driver had fled the scene, but he returned to the scene while law enforcement was still present, and was taken into custody. He was charged with two second-degree felonies, and while there has been no indication that the deceased driver’s family seeks to file suit against him, the driver could face a wrongful death suit if they choose to do so. If you lose a loved one due to another person’s negligence, filing a wrongful death suit is usually an option for you and the other survivors.
Wrongful Death vs Homicide
The Texas Wrongful Death Act states that a person is liable for damages that stem from the death of another person if that death was caused by their (or their agent’s) “wrongful act, negligence, carelessness, unskillfulness, or default.” If this turns out to be the case, your family may be able to recover compensation to help offset the loss of your loved one - it is not a replacement or a way to fix what you are going through, of course, but compensation may be able to help keep your bills paid or otherwise help the family stay afloat while you try to recover.
Keep in mind that a civil action for wrongful death is different than a criminal charge of homicide. The former is brought by the survivors of the deceased, while the latter is brought by the state; the former is punished with civil fines and other remedies while the latter carries jail time. However, one person may go through both a civil and a criminal case for the same action - they simply cannot happen concurrently. Most of the time, a criminal case will happen before a civil case, because the burden of proof is higher and if someone incriminates themselves or confesses to something during a criminal trial, that evidence is usually admissible in a civil trial as well....