Can a Pedestrian’s Family File a Wrongful Death Lawsuit in Austin After a Fatal Crosswalk Accident?

When a pedestrian is killed in an Austin crosswalk, the grief is overwhelming — and it is made worse by the knowledge that this death was preventable. A crosswalk is supposed to be the safest place for a person on foot, and when a driver blows through one and takes a life, the family has every right to seek justice. The Austin pedestrian accident lawyers at Shaw Cowart have helped families across Texas file wrongful death lawsuits after fatal crosswalk crashes, and they can guide your family through every step of the process.

Texas wrongful death law gives the surviving family members of a person killed by another party’s negligence the right to file a civil lawsuit for compensation. This is completely separate from any criminal charges the driver may face, and the outcome of the criminal case does not determine the outcome of the wrongful death claim. The personal injury lawyers at Shaw Cowart have been representing families in these cases for 34 years. They understand the Texas wrongful death statute, the damages that are available, and the tactics insurance companies use to minimize what they pay to grieving families.

Austin recorded 99 traffic fatalities in 2025, and pedestrian deaths made up a disproportionate share of that number. Multiple pedestrians were killed in crosswalks — the very places they had every right to expect safety. Pedestrian accident attorneys who handle wrongful death cases know that these families deserve more than sympathy. They deserve full and fair compensation under Texas law.

Texas Wrongful Death Law — What Families Need to Know

Who Can File a Wrongful Death Lawsuit in Texas

Under Chapter 71 of the Texas Civil Practice and Remedies Code, three categories of family members have the right to bring a wrongful death claim: the surviving spouse of the deceased, the children of the deceased (both biological and adopted), and the parents of the deceased. These family members can file individually or together as a group. If none of these family members file a lawsuit within three months of the death, the executor or administrator of the estate may file on behalf of the estate — unless a family member objects.

What Damages Are Available

A wrongful death lawsuit in Texas allows the surviving family to recover several categories of damages. Loss of companionship and society compensates for the loss of the love, comfort, and emotional support the deceased provided. Mental anguish covers the severe emotional pain and suffering the family endures. Loss of financial support accounts for the income and financial contributions the deceased would have provided over their lifetime. Loss of care, maintenance, and services covers the household contributions, childcare, and guidance the deceased provided. Funeral and burial expenses are also recoverable.

The Survival Action — A Separate but Related Claim

In addition to the wrongful death claim, Texas law allows a survival action on behalf of the deceased person’s estate. This claim recovers damages for the pain and suffering the victim experienced between the time of the crash and the time of their death. If the pedestrian was conscious and suffered before dying — even for minutes or hours — the estate can seek compensation for that suffering. In cases where a victim survives for days in a hospital before succumbing to their injuries, the survival action damages can be significant.

The Statute of Limitations

Texas imposes a two-year statute of limitations on wrongful death claims, measured from the date of the victim’s death. If the family does not file the lawsuit within two years, the claim is permanently barred. Two years may sound like a long time, but evidence disappears quickly after a fatal crash. The pedestrian accident attorneys at Shaw Cowart begin investigating immediately to preserve every piece of evidence that supports the family’s claim.

The Heather Smith Act — A Texas Law Born from a Crosswalk Death

In 2017, Heather Smith was killed while walking her child to school in a crosswalk. Her death led to the passage of a Texas law that requires police officers to file a special crash report within 10 days for any collision involving injury, death, or $1,000 or more in property damage. The law was intended to improve accountability and data collection for crashes that harm vulnerable road users.

But a City of Austin audit found that enforcement of this requirement has been inconsistent. APD responded to more than 85,000 traffic crash calls between September 2021 and July 2025, and officers did not file a crash report in more than half of those cases, according to the Austin Monitor. This gap in reporting can leave families without critical evidence unless their lawyers independently investigate the crash.

Recent Fatal Crosswalk Crashes in Austin

On January 5, 2026, 60-year-old Donna Michelle Hanson was struck and killed in a marked crosswalk on East Koenig Lane at approximately 2 a.m. The driver fled the scene. APD identified the suspect vehicle as a dark BMW 323 and is asking for the public’s help. On Christmas Eve 2025, 35-year-old Joseph Capulong Katigbak was struck at the intersection of West Cesar Chavez Street and Sandra Muraida Way at 5:55 p.m. and died on Christmas morning. In both cases, the families of the deceased have the right to pursue wrongful death claims.

Criminal Case vs. Civil Case — They Are Separate

Many families believe they must wait for the criminal case to finish before they can file a wrongful death lawsuit. This is not true. The civil claim and the criminal case operate independently with different standards of proof. A criminal conviction requires proof beyond a reasonable doubt. A civil wrongful death claim requires only a preponderance of the evidence — meaning it is more likely than not that the driver’s negligence caused the death. Families have successfully recovered wrongful death damages even in cases where the criminal charges were dropped or the driver was acquitted.

Dram Shop Liability — When the Bar or Restaurant Shares Blame

If the driver who killed your loved one was intoxicated and had been served alcohol at a bar, restaurant, or event, Texas dram shop law may make that establishment liable as well. Under the Texas Alcoholic Beverage Code, an establishment that serves alcohol to a person who is obviously intoxicated can be held responsible for damages caused by that person’s intoxication. This is a separate claim from the one against the driver and can provide an additional source of recovery for the family.

The wrongful death attorneys at Shaw Cowart will investigate every potential source of liability and fight to hold every responsible party accountable. If your family has lost a loved one in a pedestrian crosswalk crash in Austin, the consultation is free and there is no fee unless they win. If you have a legal question — call us at 512-842-7085.

Published by J.A. Davis & Associates – San Antonio Personal Injury Lawyers – Truck Accident Lawyers

Texas Highways: Recognizing Aggressive Truck Drivers and Protecting Yourself from Tailgating and Blind Spot Accidents (Part 9)

Aggressive truck drivers pose a serious threat to motorists on Texas highways every day. Tailgating, blind spot violations, and intimidating lane changes transform routine commutes into dangerous encounters that elevate crash risk significantly. Aggressive truck drivers contributed to thousands of accidents across Texas in 2024, and understanding how to recognize threatening behavior can provide critical seconds to respond safely. Aggressive truck drivers operating under deadline pressure often disregard safe following distances and proper lane change procedures, putting other motorists at risk. If you or a family member has been injured by a negligent trucker engaging in aggressive driving behavior, legal remedies are available.

truck accident injury lawyers san antonio — Fire fighers spreading absorbant at a four vehicle accident involving two large trucks resulted in a single injury and a diesel fuel spill.

The Scope of Aggressive Driving Accidents in Texas

Texas highways serve as major freight corridors, with commercial trucks operating under constant delivery pressure. This environment breeds aggressive driving behavior that endangers all motorists sharing the road. In 2024, Texas recorded 39,393 commercial vehicle accidents, claiming 608 lives and seriously injuring 1,601 others.

Speed-related errors, which include tailgating and improper following distances, contributed to approximately 38% of these truck accidents. These behaviors frequently escalate into rear-end collisions or sudden swerves that cause multi-vehicle accidents. Texas ranks fourth nationally for aggressive driving incidents, with research indicating that tailgating drivers average just 8.3 minutes between risky maneuvers when traveling at highway speeds.

Nationally, tailgating contributes to approximately one in three traffic accidents. When commercial trucks engage in this behavior, the consequences prove far more severe due to the physics involved. An 80,000-pound semi-truck traveling at 65 miles per hour requires approximately 400 feet to come to a complete stop. At that weight and speed, the impact force in a collision rivals that of a small aircraft. These statistics from TxDOT crash data reveal patterns of behavior that create predictable hazards for Texas motorists.

trucking accident lawyers mcallen — Truck on highway freeway

Warning Signs of Aggressive Truck Driver Behavior

Aggressive truck drivers exhibit observable behavior patterns before accidents occur. Recognizing these indicators provides motorists with the opportunity to create distance and reduce exposure to dangerous situations.

Tailgating presents the most common form of aggressive truck behavior. A commercial vehicle following within 2 seconds of another vehicle is operating in tailgating territory. Given the stopping distances required for loaded semi-trucks, this behavior eliminates any margin for safe reaction when traffic conditions change suddenly.

Blind spot violations occur when trucks linger in adjacent lanes without completing passes or allowing other vehicles to merge safely. Commercial trucks have significant blind spots on both sides, extending along the right rear quarter and the immediate flanks of the trailer. Drivers who position their vehicles in these areas and maintain that position create dangerous conditions for both themselves and surrounding traffic.

Aggressive lane changes manifest as sudden cuts across traffic without signaling, phantom accelerations designed to prevent other vehicles from merging, or zigzag patterns through congested traffic. These behaviors indicate impatience or time pressure that compromises safe driving judgment. Crash reconstruction data indicate that aggressive lane changes appear in approximately 20% of truck-related aggression incidents on corridors such as US-59 and Interstate 10.

Protective Measures for Texas Motorists

Responding to aggressive truck drivers requires a measured strategy rather than an emotional reaction. The following measures can help reduce exposure to dangerous situations while avoiding escalation.

Maintain extended following distance at all times when traveling near commercial trucks. A four-second cushion provides adequate reaction time under normal conditions. Count steadily from the moment a truck passes a fixed point until your vehicle reaches the same marker. If an aggressive driver closes this gap from behind, accelerate gradually to restore safe distance without engaging in racing behavior.

Monitor blind spots consistently through regular mirror checks every five to eight seconds. If a commercial truck enters your blind spot and remains there, signal your intentions clearly and ease forward or change lanes to exit the vulnerable zone. Sudden braking in response to blind spot invasion creates additional collision risk and should be avoided.

Resist escalation when confronted with aggressive behavior. Avoid eye contact with aggressive drivers, refrain from gestures, and focus on creating distance rather than confrontation. If aggressive behavior intensifies, exit the highway at the next safe opportunity and use hazard lights to signal your intentions. Research indicates that road rage escalates approximately 15% of aggressive encounters. Yielding position costs nothing compared to the physical, emotional, and legal consequences of confrontation.

Document aggressive driving behavior when safely possible. Dashboard cameras capture valuable evidence of dangerous conduct for potential police reports or legal proceedings. Record identifying information such as license plates, DOT numbers, company names, and trailer markings. Note the time, location, and mile markers associated with any incidents.

Report dangerous drivers through appropriate channels. Texas Highway Patrol accepts reports at *HP (*47). The 511 system provides another avenue for documenting aggressive commercial vehicle operators. These reports contribute to enforcement actions and help identify repeat offenders.

Legal Framework and Enforcement Efforts

Texas law treats aggressive driving as a misdemeanor offense with meaningful penalties. Fines for aggressive driving violations start at $200 and increase for repeat offenses. Jail time applies in severe or repeated cases. TxDOT’s enforcement initiatives focus additional patrol resources on highway corridors with elevated aggressive driving incidents.

Federal regulations governing commercial vehicle operation establish standards for following distances and lane change procedures. Violations of these standards, combined with hours-of-service infractions that contribute to driver fatigue and irritability, strengthen negligence claims when aggressive behavior causes accidents.

Trucking companies bear responsibility for the conduct of their drivers. Fleet policies that create unrealistic delivery expectations contribute to aggressive driving behavior. When company pressure causes drivers to take risks that endanger other motorists, both the driver and the employer may face liability.

Protecting Your Rights After an Aggressive Driving Accident

If you have been injured in an accident involving an aggressive truck driver, documentation begins immediately at the scene. Photograph vehicle positions, damage, skid marks, and any visible evidence of the truck’s behavior before the collision. Obtain contact information from witnesses who observed the aggressive conduct.

Seek medical attention promptly and maintain thorough records of all treatment. Document expenses, lost wages, and impacts on your daily activities resulting from the accident. Texas law allows injury victims to pursue compensation for medical bills, lost income, pain and suffering, and other damages caused by aggressive driving negligence.

Consulting with a truck accident attorney costs nothing upfront and provides clarity about your legal options. Aggressive driving cases benefit from prompt investigation while evidence remains available. An attorney experienced in commercial vehicle accidents can obtain driver logs, fleet communications, and delivery schedules that establish the pressure contributing to aggressive behavior.

Review your uninsured and underinsured motorist coverage limits. Adequate UM/UIM coverage protects you when at-fault parties carry insufficient insurance to cover serious injury claims. Understanding the risks posed by aggressive truck drivers empowers Texas motorists to recognize warning signs, maintain safe positioning, and take appropriate action when dangerous situations develop.

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