Every day, millions of Texans commute to work and school, visit with friends and family, or run errands. Unfortunately, Texas also leads the nation in fatal car accidents, making these daily commutes particularly dangerous. In 2023, 4,283 people lost their lives on Texas roads, with many of these deadly crashes being caused by distracted driving, speeding, and driving under the influence.
Losing a loved one in a fatal car wreck is devastating, often leaving families with no time to prepare or say goodbye. While no amount of money will ever replace a departed spouse or family member, holding anyone who played a role in causing your loved one's death accountable can alleviate some of the burdens you're facing.
At Miller Weisbrod Olesky, we understand the hardship and challenges you face after a fatal car accident. Our team of experienced fatal car accident attorneys in Texas have put our considerable experience to work fighting on behalf of auto accident victims and their families for decades. We have hundreds of million dollar plus results for families who have suffered due to another’s negligence.
Texas Fatal Car Accident Lawyers
At Miller Weisbrod Olesky, we fight for grieving families seeking justice and compensation stemming from the loss of a loved one in fatal car accidents. Contact our offices today for a free consultation.
We are committed to making things as easy as possible for you during this difficult time by offering effective guidance, explaining your legal options, and addressing any concerns you may have. Take the first step in reducing the financial impact of your loved one's loss. Set up a free consultation with one of our wrongful death attorneys by calling 888-987-0005 or completing our online request form.
Our client's vehicle had broken down on the side of a Texas interstate repairing a flat tire when they were rear-ended. The collision caused the wrongful death of our clients’ family member. After the insurance company refused to meet our demand, we took the case to trial, and our demand was met as we selected the jury.
Top 6 Causes of Fatal Car Accidents
Understanding the most common causes of deadly car accidents is crucial for preventing future tragedies. The fatal car accident attorneys at Miller Weisbrod Olesky are committed to empowering drivers with the knowledge they need to make informed decisions and examining the leading factors of fatal car accidents to help surviving family members determine the best course of action for seeking justice.
Driving under the influence of alcohol or drugs significantly impairs a driver's ability to operate a vehicle safely. In a wrongful death car accident case involving a driver impaired by alcohol or drugs, the victim's family members may choose to seek both compensatory and punitive damages.
Punitive damages are typically only awarded in cases where the at-fault party demonstrated a reckless disregard for the safety of others. Driving under the influence significantly impairs a driver's ability to operate a vehicle safely. When someone chooses to get behind the wheel while intoxicated, it is generally a clear example of such reckless behavior.
2 . Speeding
Exceeding the speed limit or driving too fast for road conditions remains a top contributing factor in Texas crashes. In 2022, 1,469 people in Texas were killed in a crash that involved speed. Speed also emerged as the primary cause behind a substantial portion of the total traffic crashes in the state in 2021.
When a driver speeds, it reduces their ability to steer safely around curves or objects, increases the stopping distance required to avoid hazards, and diminishes the effectiveness of safety equipment like seat belts and airbags. Speeding also increases the risk of being involved in an accident that results in serious injury or even death because the force of the impact is significantly higher.
3. Weather-Related Conditions
Dangerous weather conditions, such as rain, snow, or fog, contribute to over 5,000 car accident deaths per year. Weather-related car accidents kill more people than large-scale weather disasters like hurricanes and tornadoes.
Rain and wet pavement reduce friction on the road and are the top two contributors to weather-related vehicle crashes. These are followed by winter weather hazards and fog, which reduces visibility.
4. Reckless Driving
According to Section 545.401 of the Texas Transportation Code, reckless driving is defined as driving a vehicle in a willful or wanton disregard for the safety of others. Examples of reckless driving behaviors include tailgating, changing lanes without signaling, violating traffic signals, or running red lights.
A study using data from the National Highway Traffic Administration found that aggressive driving contributed to 56% of fatal accidents. Spotting reckless drivers by looking out for behaviors such as excessive speeding and failure to yield can be crucial for preventing accidents. If you encounter a reckless driver, maintain a safe distance and report them to local authorities.
5. Distracted Driving
One of the leading causes of car accidents resulting in fatalities on Texas roads is distracted driving. Nearly one in six car crashes in the state were caused by a distracted driver in 2023.
Distracted driving is defined as any activity that takes a person's attention away from driving. These include texting, talking on the phone, using social media, eating and drinking, grooming, using GPS, or adjusting the radio.
Many distracted driving car accidents are caused by drivers talking on a cell phone and sending messages. In fact, handheld or hands-free cell phone use while driving accounts for 27% of all truck and car wrecks. Despite Texas implementing laws to ban cellphone use while driving, the prevalence of mobile devices in the modern day has made it difficult to curb distracted driving behaviors.
6. Driver Fatigue
Driving while fatigued or drowsy can be just as dangerous as drinking before getting behind the wheel. In fact, according to studies conducted by the Centers for Disease Control (CDC), driving while sleep-deprived can result in many of the same impairments as alcohol.
Drowsiness impairs a driver's ability to react quickly to hazards, impairs their judgment, causes monetary lapses in consciousness, and ultimately leads to loss of control of the vehicle. A report released by the CDC revealed that 1 in 25 drivers admit to falling asleep behind the wheel. A new AAA study also showed that between 2017 and 2021, an estimated 18% of all traffic fatalities nationwide involved a fatigued driver. Texas has the fourth-highest number of drowsy drivers involved in fatal car crashes in the country.
Drowsy driving is common among people who work long shifts or late nights, such as crane/drill operators, oil/gas laborers, physicians, and firefighters. The consequences of driving while tired can be devastating. If you lost a loved one in an accident with a drowsy driver, you should consult with a knowledgeable personal injury lawyer who can help you understand what your options are for taking legal action.
Factors other than driver error that cause fatal car accidents are dangerous road defects, vehicle failure, and adverse weather conditions. Figuring out the underlying cause of a deadly crash can be complex and requires thorough investigation.
Our car accident lawyers have extensive experience meticulously reviewing police reports, examining evidence, gathering witness statements, and consulting with experts to reconstruct the accident and determine liability.
Despite cities like Dallas and Houston being the deadliest for motorists, motorcyclists, bicyclists, and pedestrians, most fatal car accidents involving a vehicle occur in rural areas.
In fact, according to the Texas Department of Transportation (TxDOT), 52.84% of the state's traffic fatalities occurred in rural areas. While cities are more congested, poor road conditions and a lack of funds to fix older highways and streets in rural areas are major factors contributing to fatal crashes in Texas.
Here are some additional statewide accident statistics for 2023 fatal car wrecks:
There were 1.4 deaths per hundred million vehicle miles traveled (a 4.10% decrease from the previous year).
There were 15,219 serious injury car accidents resulting in over 18,000 people sustaining a severe injury.
31.94% of all motor vehicle traffic deaths were caused by single-vehicle, run-off-the-road car wrecks.
1,120 people lost their lives in a car accident occurring in intersections or related to an intersection.
There were 635 fatalities due to head-on collision car accidents.
Texas roads did not see a deathless day in 2023.
Five car wrecks resulted in the death of six people or more.
The deadliest accident type is a head-on collision. Head-on collisions consider both vehicle's speed at the time of the crash, which means even an accident at lower speeds can be fatal.
Beyond the emotional trauma that a fatal car accident can have on family members, unexpected medical bills, funeral costs, and the sudden loss of income can create significant financial strain. If you lost a loved one in a fatal car crash, it's important to remember that you have rights and options. Seeking the help of a qualified car accident attorney who can gather the necessary evidence and represent your interests in court can significantly improve your chances of receiving the compensation you deserve.
The folks at Miller Weisbrod really came through for me. I was hit in a head-on collision by a driver who was underinsured, and these folks really saved me. I highly recommend them for their excellent care and concern, I'm thankful that I chose them to represent me.
Josh H.
Miller Weisbrod Olesky Client
What Compensation Can Be Recovered in a Wrongful Death Claim?
Losing a loved one in a fatal car accident is devastating, leaving surviving friends and family grappling with a range of intense emotions like grief and anger. A wrongful death claim is a legal action brought by eligible family members of an individual who has died due to the negligence or misconduct of another party.
Unfortunately, just because someone you know and love has died in a car accident doesn't mean you are entitled to file a wrongful death lawsuit. That right is reserved for the surviving spouse, the deceased's parents, and their children (biological and adoptive).
Grandparents and siblings are not eligible to bring a wrongful death claim. However, family members of the deceased who are eligible to pursue a lawsuit can file a claim individually or on behalf of the entire family.
The best way to determine whether or not you qualify to file a wrongful death claim is to work with an experienced fatal car accident lawyer. Your attorney can provide guidance on the specifics of your case, help gather evidence, and ensure that all paperwork is filed correctly and on time.
If the negligence of the driver at fault is proven, family members who file a wrongful death lawsuit can seek damages for:
Funeral, burial, and cremation expenses
Loss of financial contributions the deceased would have made (i.e., income, benefits, inheritance, and potential future earnings)
Medical expenses incurred prior to the victim's death (i.e., hospitalization, surgeries, and medications)
Loss of companionship care, services, and support
Mental anguish and emotional suffering
Punitive damages may be awarded in cases where the at-fault party's intentional or egregious acts caused a loved one's death
In addition to a wrongful death claim, the estate of the deceased can file a survival action claim to recover compensation for the losses suffered by the victim before their death. Unlike in a wrongful death claim, damages awarded through a survival claim are designed to go directly to the deceased's estate.
To substantiate and validate a wrongful death claim, your lawyer will have to gather clear and convincing evidence that your loved one's death resulted from another person's negligence. Before deciding how to move forward, it is essential to meet with an attorney who handles fatal car accident cases and can provide you with expert advice concerning the potential losses you may be entitled to.
Proving Negligence in a Wrongful Death Claim
After a loved one dies in an avoidable car accident, it can be difficult to know if someone else's negligence is to blame. In fatal car crash cases, there are often multiple parties who may be held accountable. For example, if a commercial delivery vehicle is involved in a fatal accident and poorly maintained brakes are found to be the cause, the company may be at fault for failing to perform necessary maintenance.
Determining liability and proving negligence in such cases can be complex, but a skilled lawyer can help navigate this process. Our wrongful death attorneys will thoroughly investigate the circumstances of the accident and gather crucial evidence to prove the following four elements needed to establish the at-fault party's negligence.
Duty of care: The at-fault party (defendant) owed the deceased (plaintiff) a duty to exercise reasonable care and avoid actions that could cause harm to another person.
Breach of duty: The defendant breached their duty by driving recklessly, ignoring traffic signals, or neglecting regular vehicle maintenance.
Causation: The defendant's breach of duty was the direct cause of the fatal accident. For example, if the defendant was texting while driving and caused a fatal car collision, this would establish a clear link between the defendant's negligent behavior and the resulting harm.
Damages: The family members pursuing compensation can prove the losses they've incurred due to their loved one's passing by presenting evidence such as medical bills, funeral expenses, and lost wages to demonstrate the financial impact of the accident.
Filing a wrongful death claim after a fatal car accident can't make up for the loss you've suffered, but holding the negligent parties responsible may offer you and your family the closure they need to move on. Our compassionate car accident legal team can handle all aspects of your case while you focus on healing and recovering from the emotional impact of your loss.
The Statute of Limitations for Wrongful Death Cases in Texas
The statute of limitations in a wrongful death case sets the maximum amount of time family members of the deceased can file a lawsuit. In Texas, eligible family members have two years from the date of their loved one's death to file a wrongful death claim.
Once this deadline has passed, the court can dismiss the suit as untimely, and eligible beneficiaries may be barred from seeking compensation for any losses incurred. Don't wait until the last minute to file a wrongful death claim. Talk to an experienced wrongful death attorney who can ensure you don't miss any critical deadlines.
How a Texas Wrongful Death Lawyer Can Help
After the untimely loss of a loved one in a motor vehicle accident, you deserve time to grieve the tragic loss. Our fatal auto accident attorneys at Miller Weisbrod Olesky understand that we can't replace a cherished family member, but without help you can bring a wrongful death lawsuit against anyone who played a role in causing the fatal crash and recover the compensation you need to cover unexpected accident-related costs.
Let us put our considerable experience to work for you by handling everything from investigating the accident to representing your best interests in court if necessary. We handle all fatal car crash lawsuits on a contingent fee basis, which means you NEVER have to worry about any upfront legal costs or fees unless/until we secure a favorable outcome in your case. Your first consultation is free, so call us today at 888-987-0005 or fill out our online request form to learn more about your rights and options.
Meet The Leader In Car Accident Litigation With A Record Of Multi-Million Dollar Settlements And Verdicts
With a 30-year history heading the Car Accident Department of Miller Weisbrod Olesky, firm partner Clay Miller has a proven record of holding negligent parties accountable and achieving multi-million dollar settlements and court verdicts for his clients. Clay is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Clay has been consistently listed in Super Lawyers as one of the Best Lawyers in Texas, published in Texas Monthly, for over 15 years.
Clay is regularly invited to speak to Trial Lawyer Groups around Houston and across the state of Texas on the topics of motor vehicle accident laws, trial tactics and techniques, and how to prepare evidence and a winning legal strategy in Car Accident Cases throughout Texas. Clay was the featured speaker for the Texas Trial Lawyers Association on the new changes to trucking laws passed by the state of Texas.
Our car accident legal team includes Josh Birmingham, who is currently on the Dallas Trial Lawyers Board of Directors and served as the president of the Mesquite Bar Association for four years. Josh was named Thomson Reuters | Texas Super Lawyers Rising Star in 2016 and 2017.
We also have on our team Michael Orth, a board certified personal injury trial lawyer who has spent the last decade representing injured Texans and their families. Michael’s success in scores of personal injury cases across federal and state courtrooms has earned him the coveted Board Certification in Personal Injury Trial Law by the Texas Board of Legal Specialization.
Clay is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Clay has practiced solely in the field of catastrophic injury and wrongful death since graduating from law school. His practice has been limited to the representation of victims. Over the past twenty-four years, Clay has successfully settled or tried to verdict cases in the areas of vehicular negligence, medical malpractice, construction site accidents, workplace injury, premises liability, and commercial trucking and a nationwide business loss case (suits filed in a dozen different states) involving defective truck engines sold to trucking companies.
Clay represented dozens of trucking companies in lost profit and diminished value claims against Caterpillar in 2010 through 2012. These cases were filed in over a dozen states with the bellwhether trial set in Federal Court in Davenport, Iowa. After intense litigation and trial preparation, a global confidential settlement was reached for all the clients.
Clay's most recent 2017 victories are a $30,800,000 jury verdict in Tennessee arising from fraud claims in the sale of heavy-duty truck engines and a $26,500,000jury verdict in a construction accident, obtained within 60 days of each other.
Clay was raised in Lewisville, Texas and completed his undergraduate degree in Finance at Texas A & M University. Following graduation from Southern Methodist University School of law, Clay worked for two Dallas firms representing victims. In 1998, Clay began his own practice before forming his current partnership. In addition to his law practice, Clay has lectured at seminars and published in the areas of construction accidents, jury selection techniques, medical negligence, trucking accidents and settlement tactics.
Josh Birmingham was born in Las Cruces, New Mexico and raised in the small oil town of Hobbs, New Mexico. He graduated from the University of Nebraska in 2004 where he was a part of the Big 12 champion baseball team and was a College World Series participant.
He obtained his law degree from the University of Tulsa: College of Law in 2007 where he earned numerous awards in Mock Trial and Negotiation competitions.
Josh began his career at another prominent law firm where he fought for the victims of other’s negligence.
After 9 years Josh left being a trial lawyer and became an executive for a healthcare consulting firm but his passion for helping others in the law quickly pulled him back. Josh has tried numerous cases in both state and federal court. Josh began his first day with Miller Weisbrod Olesky in trial with Clay Miller representing an injured construction worker, Fernando Canales. Josh second chaired the trial and handled all of the medical expert testimony in the case.
Josh is a member of the State Bar of Texas, American Association of Justice, Texas Trial Lawyers Association, Dallas Trial Lawyers Association, and Dallas Association of Young Lawyers. He is currently on the Dallas Trial Lawyers Board of Directors and served as the president of the Mesquite Bar Association for four years. Josh was named Thomson Reuters | Texas Super Lawyers Rising Star in 2016 and 2017.
Josh accredits his passion toward helping others to his mother Pam Parkinson, a nurse and business woman, and his father Ray Birmingham a college baseball coach.
Michael is a board certified personal injury trial lawyer who has spent the last decade representing injured Texans and their families. Born and raised in Dallas, Michael attended Texas A&M University where he earned a Bachelor of Science in Political Science. Following graduation, Michael worked in sales for one of the largest trucking companies in the United States. While working in the trucking industry, Michael saw the dangers that can and do occur when companies put profits before safety, and safety is not provided its proper place at the table. It was at this point Michael decided to pursue a career in law to help those harmed by the negligence of others.
Michael attended the University of Houston Law Center, where he served as a Senior Articles Editor for the Houston Journal of International Law. Throughout law school, Michael clerked at one of the 5 law firms that represented the State of Texas against Big Tobacco, where he worked on cases ranging from catastrophic crane collapses, to sexual abuse cases to environmental class action lawsuits. Most importantly, Michael learned the law could be used to do a lot of good in peoples’ lives, and could help those who had been injured because of the carelessness of others.
After obtaining his law license, Michael moved to South Padre Island and practiced personal injury law in the Rio Grande Valley. While practicing in South Texas, Michael tried nearly 20 cases in federal and state courtrooms across South Texas, consistently obtaining verdicts significantly higher than the insurance companies’ offers. As a result of his success in the courtroom, Michael is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, a designation earned by practicing personal injury law almost exclusively, showing substantial success and experience trying personal injury lawsuits, completing extensive Continuing Legal Education in personal injury trial law, and passing a rigorous written exam demonstrating superior competence in handling personal injury cases.
Michael is married to Katlyn and has 2 young daughters, Kathleen and Mary Louise. Michael volunteers for the Dallas Volunteer Attorney Program, providing pro bono legal services to others in the community.
