San Antonio Fatal Car Accident Lawyer
Compassionate Legal Support for Families Facing Tragic Loss
At Kemmy Law Firm, P.C., we understand the devastation and heartbreak that follow a fatal car accident. Losing a loved one in a preventable crash is one of the most painful experiences a family can endure. While no legal action can truly make up for your loss, pursuing justice and fair compensation can help ease the financial burden and provide a sense of accountability. If you’ve lost someone due to a fatal collision in San Antonio, our experienced team is here to support you every step of the way.
Our fatal car accident attorneys in San Antonio are committed to advocating for families affected by wrongful deaths caused by negligence. We handle the legal complexities so you can focus on healing.
Call (830) 264-6297 today or fill out our online contact form to schedule your free case evaluation.
Common Causes of Fatal Car Accidents
Fatal car accidents can occur in a variety of ways, often caused by another driver’s reckless or negligent behavior. Some of the most common causes in San Antonio and throughout Texas include:
- Drunk or Impaired Driving: Driving under the influence of alcohol or drugs remains a leading cause of fatal accidents in Texas. Impaired drivers have slower reaction times, impaired judgment, and poor coordination—factors that drastically increase the risk of deadly collisions.
- Distracted Driving: Texting, talking on the phone, eating, or using in-vehicle systems can all divert a driver’s attention from the road. Even a momentary distraction can have tragic consequences.
- Speeding: Excessive speed reduces the time drivers have to react and increases the severity of collisions. Many fatal accidents occur when one or more drivers exceed the speed limit or drive too fast for road conditions.
- Reckless or Aggressive Driving: Tailgating, frequent lane changes without signaling, and road rage incidents can escalate quickly and lead to fatal crashes.
- Failure to Obey Traffic Laws: Running red lights, ignoring stop signs, or failing to yield can cause catastrophic T-bone or head-on collisions, especially at high-speed intersections.
- Weather and Road Conditions: Poor visibility, wet roads, and construction zones can all contribute to fatal accidents, especially when drivers fail to adjust their behavior accordingly.
Recovering Compensation from a Fatal Car Accident
In Texas, when a fatal car accident is caused by someone else’s negligence or wrongful act, the surviving family members may be entitled to compensation through a wrongful death claim or a survival action.
Wrongful Death Claims
Under the Texas Wrongful Death Act, certain surviving relatives—typically the spouse, children, or parents of the deceased—can file a claim to recover damages. These may include:
- Loss of the deceased’s income and financial support
- Loss of companionship, love, and guidance
- Emotional pain and suffering
- Funeral and burial expenses
- Loss of inheritance (the value of assets the deceased would have accumulated)
Survival Actions
A survival action is brought on behalf of the deceased’s estate and allows for the recovery of damages the deceased could have claimed if they had survived. These damages can include:
- Medical expenses incurred before death
- Pain and suffering experienced before death
- Property damage
- Punitive damages in cases of gross negligence or willful misconduct
Proving Liability
To win a fatal car accident claim, your attorney must prove that the other party owed a duty of care, breached that duty through negligent or reckless conduct, and caused the death as a direct result. This often involves gathering crash reports, witness statements, medical records, expert testimony, and more.
At Kemmy Law Firm, P.C., our legal team will conduct a thorough investigation and fight tirelessly to hold the responsible parties accountable.
FAQs About Fatal Car Accidents in San Antonio, TX
Who can file a wrongful death lawsuit in Texas?
In Texas, the deceased’s spouse, children (biological or adopted), and parents are eligible to file a wrongful death claim. If they do not file within three months of the death, the estate’s representative may do so unless the family requests otherwise.
How long do I have to file a wrongful death claim?
The statute of limitations for wrongful death claims in Texas is generally two years from the date of death. However, exceptions may apply, so it’s important to speak with a lawyer as soon as possible.
What if the at-fault driver was uninsured?
If the responsible driver lacks insurance, compensation may still be available through your loved one’s uninsured/underinsured motorist (UM/UIM) coverage or other sources. We can help you explore all available options.
Can I sue for punitive damages?
Yes, in cases where the at-fault party acted with gross negligence, malice, or willful misconduct (such as drunk driving), you may be eligible to pursue punitive damages, which are meant to punish the wrongdoer and deter similar behavior.
What evidence is needed to prove fault?
Police reports, witness statements, traffic camera footage, accident reconstruction analysis, and toxicology reports can all help establish fault in a fatal accident case.
Speak With a San Antonio Fatal Car Accident Attorney Today
At Kemmy Law Firm, P.C., we are deeply committed to helping families seek justice and closure after losing a loved one in a fatal car accident. We understand how overwhelming this time can be, and we are here to offer compassionate legal guidance every step of the way.
Contact us at (830) 264-6297 now for a free consultation.