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.