A fatal crash changes a family in a moment, and the questions that follow are hard ones: what happened, who was responsible, and what to do about the calls and letters that start arriving. This page explains how a fatal car accident claim works in Dallas under Texas law. It is written by LAWBOSS – Harris, Nelsen & Uvalle, PLLC, whose main office is in North Dallas.
In short
The officer’s crash report is filed with TxDOT within 10 days. Texas allows a family to recover if the person who died was 50 percent or less at fault. Every Texas driver must carry minimum liability insurance, and your own family’s policy may also help. The general deadline for a wrongful death suit is two years from the date of death.
Fatal crashes on Dallas roads
TxDOT’s county figures for 2024 count 46,257 crashes in Dallas County, of which 305 were fatal crashes in which 331 people were killed (TxDOT, Crashes and Injuries by County, 2024). Statewide, 4,159 people died in traffic crashes in 2024 and 3,769 in 2025, based on reports processed by April 2026.
Dallas also has some of the most congested roads in Texas. The Texas A&M Transportation Institute’s 2025 list ranks Woodall Rodgers Freeway between US 75 and North Beckley Avenue third in the state, and places sections of R.L. Thornton Freeway (I-30), Stemmons Freeway (I-35E), LBJ Freeway (I-635) and US 75 (Central Expressway) on the list too. Congestion is not the same as danger, but heavy, fast-changing traffic is where many serious crashes happen.
What happens in the first days
When a crash causes a death, the officer who investigates must file a written report, the Texas Peace Officer’s Crash Report (form CR-3), with TxDOT within 10 days (Transportation Code 550.062). People involved, their authorized representatives and the insurers involved can get the full report (550.065(c)(4)), and copies are bought from TxDOT’s online crash report system for a small fee.
The report is a starting point, not the final word. It records what the officer saw and was told, and it can be wrong or incomplete. We read it against the photographs, the vehicles, any video and what witnesses say.
- Keep any papers you are given by the police, the hospital or the funeral home.
- Write down the names of anyone who saw the crash or came to help, if you know them.
- If an insurance adjuster calls, you can take their details and say you will call back.
- Before signing anything an insurer sends, you can have a lawyer read it with you.
If a question here is about your own family, you can talk it through with us. There is no cost and no pressure.
Who was at fault, and the 50 percent rule
Texas uses modified comparative fault. A family can recover damages only if the person who died was 50 percent or less responsible for the crash, and any recovery is reduced by that person’s own percentage (Civil Practice and Remedies Code 33.001 and 33.012). A defendant found more than 50 percent responsible can be jointly and severally liable (33.013(b)(1)).
This rule is why insurers so often suggest that the person who died was speeding, distracted or not paying attention. Sometimes the facts say otherwise. Texting while driving is itself an offense in Texas (Transportation Code 545.4251), and phone records, vehicle data and video can show who was really looking at the road.
Whose insurance may pay
Every Texas driver must carry liability insurance of at least $30,000 for the death or injury of one person, $60,000 for two or more people and $25,000 for property damage in one crash (Transportation Code 601.072(a-1)). These are legal minimums, not a measure of what a claim involves, and after a death they are often not enough on their own.
Other coverage may apply. Uninsured and underinsured motorist coverage must be part of every Texas auto policy unless a named insured rejected it in writing (Insurance Code 1952.101). Personal injury protection must also be included unless rejected in writing (1952.152); it is paid without regard to fault (1952.155(a)) and must be paid within 30 days once a claim is properly supported (1952.156(a)). When the at-fault driver was working, an employer’s commercial policy may apply as well.
If a question here is about your own family, you can talk it through with us. There is no cost and no pressure.
Hit-and-run deaths
A driver in a crash that injures or kills someone must stop, check whether anyone needs help and stay to give information (Transportation Code 550.021), and must give their name, address, registration and insurer (550.023). Leaving the scene of a crash in which someone is killed is a felony (550.021(c)).
When the driver is never found, a family’s own uninsured motorist coverage can matter a great deal. We help families work with the police investigation and with their own insurer at the same time.
Pedestrian and bicycle deaths
People walking or riding a bicycle have no protection in a crash. Drivers owe them care, and the same shared-fault rule applies: a family can recover if the person who died was 50 percent or less responsible. Insurers sometimes argue that a pedestrian crossed in the wrong place or wore dark clothing. Lighting, sight lines, the driver’s speed and the driver’s attention often tell a different story, and we gather that evidence early.
If a question here is about your own family, you can talk it through with us. There is no cost and no pressure.
Crashes with a city or county vehicle
If the crash involved a city bus, a county truck or a police car, special rules apply. Written notice describing the injury, time, place and incident is generally required within six months, and a city charter may set a shorter period (Civil Practice and Remedies Code 101.101). The law also caps what a government can be required to pay: for a city, $250,000 for each person and $500,000 for each single occurrence for bodily injury or death (101.023). Those are statutory limits, not a forecast of any claim.
Where a Dallas case is heard
A Dallas County suit is usually filed in the civil district courts at the George L. Allen, Sr. Courts Building, 600 Commerce Street. Some cases can be heard in the U.S. District Court for the Northern District of Texas in Dallas. We explain which court is likely and why, and we file within the deadline: generally two years from the date of death (CPRC 16.003(b)).
If a question here is about your own family, you can talk it through with us. There is no cost and no pressure.
Talking with us
The consultation is free and private. No Fees or Costs Unless We Win. The firm advances case costs, and your family owes no attorney’s fee and no case costs unless money is recovered. Our page on what a wrongful death attorney in Dallas does explains the work step by step, and our page about the firm introduces the Dallas office team.
Questions an insurer may ask, and why
After a fatal crash, the at-fault driver’s insurer usually contacts the family early. The adjuster may ask how fast the car was going, whether the person who died was wearing a seat belt, whether a phone was in use, and what the person earned. Each question has a purpose: under the Texas shared-fault rule, any share of blame placed on the person who died reduces what the family can recover, and above 50 percent it ends the claim (33.001).
You do not have to answer those questions yourself. Once we represent your family, the adjuster talks to us. Several of our attorneys used to work on the insurance side, so we know what the questions are for and which evidence answers them.
If a question here is about your own family, you can talk it through with us. There is no cost and no pressure.
Drunk and distracted drivers
Some fatal crashes are caused by a driver who was impaired or not watching the road. Texting while driving is an offense in Texas (Transportation Code 545.4251). Where a death was caused by gross negligence, the spouse, children and parents may also seek exemplary damages, which need clear and convincing evidence and a unanimous jury (Civil Practice and Remedies Code 71.009 and 41.003) and are capped by statute (41.008).
Responsible attorney for this page: Michael Uvalle, LAWBOSS – Harris, Nelsen & Uvalle, PLLC, primary practice location Dallas, Texas. This page is general information, not legal advice.
Questions families ask
How do we get the crash report for a fatal crash in Dallas?
The investigating officer files the CR-3 report with TxDOT within 10 days. Family members who are authorized representatives can buy a copy from TxDOT’s online crash report system for a small fee, or we can get it for you.
The other driver had only minimum insurance. Is that the end of it?
Not always. Your family’s own uninsured and underinsured motorist coverage may apply, and an employer or another company may share responsibility. We look for every policy before drawing any conclusion.
The police report blames the person who died. Can we still bring a claim?
Possibly. The report is an officer’s account, not a court’s decision. Under Texas law a family can recover if the person who died was 50 percent or less at fault, and the evidence sometimes shows a different picture.
Can a passenger’s family bring a claim?
Yes, if the death was caused by a driver’s carelessness, the passenger’s spouse, children or parents may have a wrongful death claim, whichever car the careless driver was in.
Talk with us when you are ready. There is no cost to talk.