Written by Travis S. Kelley

Losing someone to another person’s negligence is one of the hardest situations a family can face. The legal questions that follow — who has the right to sue, what damages are recoverable, how long you have — don’t get any easier when you’re grieving. At Kelley Wolff Injury Attorneys | Austin Accident Lawyers, we work with families across Austin and throughout Texas who are trying to understand their rights after a fatal accident. This post is meant to answer the questions I hear most often — starting with the most fundamental one.

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Who Can File a Wrongful Death Claim in Texas in Austin?

Under the Texas Wrongful Death Act, found at Texas Civil Practice & Remedies Code §§ 71.001–71.011, only three categories of people may file a wrongful death claim: the surviving spouse, surviving children (including adult children), and surviving parents of the deceased. That’s it. Texas draws a hard line here. Siblings, grandparents, aunts, uncles, and domestic partners who were not legally married do not have an independent right to file under the wrongful death statute.

One detail families often miss: all eligible claimants must generally coordinate their claims. If a surviving spouse, two children, and a parent all have standing, they may file together or separately, but the defendant typically cannot be sued for the same death by multiple parties in duplicate proceedings. Texas courts expect the family to act together or at least be aware of each other’s claims. If none of the eligible family members file within three months of the death, the personal representative of the deceased’s estate can file on their behalf — but that representative cannot override the family’s right to act if they choose to do so.

The two-year statute of limitations applies. Under Texas Civil Practice & Remedies Code § 16.003, surviving family members have two years from the date of death to file suit. Miss that window in 2026, and the claim is almost certainly barred forever. I’ve seen families wait, hoping the situation would resolve itself or expecting an insurance company to simply pay. That rarely happens, and the delay can be fatal to the case.

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Can a Passenger in the At-Fault Driver’s Vehicle File a Wrongful Death Claim?

Yes — and this comes up more than most people expect. If your loved one was a passenger riding in the vehicle driven by the at-fault party, and they died as a result of that driver’s negligence, their surviving spouse, children, or parents can absolutely file a wrongful death claim against that driver.

The relationship between the deceased and the negligent party doesn’t remove liability. A driver owes a duty of reasonable care to everyone in their vehicle, not just other people on the road. Whether the at-fault driver was a stranger, an acquaintance, or even a family member, that duty exists. Texas does not bar wrongful death claims simply because the victim and the defendant had a personal relationship.

The practical challenge in these cases is often insurance. The at-fault driver’s liability policy typically covers passengers, but policy limits may be low — especially with personal auto policies. In my experience, these cases frequently require looking at underinsured motorist coverage under the deceased’s own policy, or the policies of other household members. Our Austin motor vehicle accident attorneys regularly identify multiple coverage layers that families didn’t know existed.

One more thing worth knowing: if the passenger and driver were both engaged in negligent behavior — say, both were intoxicated — Texas’s modified comparative fault rules under Chapter 33 of the Civil Practice & Remedies Code may reduce or eliminate recovery depending on the degree of fault attributed to the deceased.

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Can a Surviving Sibling File a Wrongful Death Claim in Texas?

This is one of the most painful questions I get asked. The short answer is no — not directly.

Texas’s Wrongful Death Act explicitly limits standing to spouses, children, and parents. A sibling, no matter how close the relationship, does not have an independent right to file a wrongful death claim. This often feels deeply unfair, and I understand why. A brother or sister may have been the deceased’s closest family member, caregiver, or lifelong companion. But the statute doesn’t bend based on the quality of the relationship.

There is one narrow path a sibling might pursue: if the deceased left no surviving spouse, children, or parents, and if the sibling has been appointed as the personal representative of the estate, they could potentially bring a survival action under Texas Civil Practice & Remedies Code § 71.021. A survival action is not the same as a wrongful death claim — it recovers damages the deceased would have been entitled to had they survived (medical bills, pain and suffering before death, lost earnings), rather than the family’s independent losses. The distinction matters both legally and financially.

If you’re a sibling trying to understand your options after losing a brother or sister, the right first step is talking to a wrongful death attorney who can assess the family structure, the estate, and whether any other eligible claimants exist. Learn more about our team and how we approach these situations.

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Can I File a Wrongful Death Claim After a Fatal Fall at a Construction Site?

Yes, and construction site fatality cases in Austin are cases I take particularly seriously. Texas has long been one of the states with the highest rates of construction worker and visitor fatalities. According to Bureau of Labor Statistics data, falls remain the leading cause of construction-related deaths nationally.

The legal theory in these cases typically runs through premises liability or general negligence. If your loved one was visiting a construction site — not employed there — and they fell due to an unsafe condition that the site owner, general contractor, or subcontractor knew about or should have known about, a wrongful death claim is viable. The question becomes the deceased’s legal status on the property: were they an invitee (someone with permission and a business purpose), a licensee (a social guest or someone with permission but no business purpose), or a trespasser? Invitees receive the highest level of legal protection. Most site visitors with legitimate reasons for being there qualify.

Even if your loved one was a worker on the site, a claim may still exist. While the Texas Workers’ Compensation Act generally bars negligence suits against covered employers, third parties — equipment manufacturers, subcontractors, site owners who aren’t the direct employer — can still be sued. Our Austin workplace accident attorneys handle exactly these situations.

The key evidence in construction fall cases includes OSHA investigation reports, site safety plans, maintenance logs, witness statements, and photographs taken before the site is cleaned up. Preservation of that evidence is time-sensitive. If you’re dealing with this situation, act fast.

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Can I File a Wrongful Death Claim After a Fatal Pedestrian Accident in Downtown Austin?

Yes. Pedestrian deaths in downtown Austin are a real and recurring problem. The area around Congress Avenue, Sixth Street, and East Cesar Chavez has seen multiple fatal pedestrian accidents over the years, often involving drivers who were speeding, distracted, or impaired.

If a driver struck and killed your loved one while they were crossing the street or walking on a sidewalk, the surviving spouse, children, or parents can bring a wrongful death claim against that driver. Texas law requires drivers to yield to pedestrians in marked crosswalks and to exercise reasonable care at all times — failing to do so is negligence.

These cases can involve more than one liable party. If the pedestrian signal was malfunctioning or the crosswalk markings were dangerously faded, the City of Austin or TxDOT could bear some responsibility. Claims against government entities in Texas come with shorter notice requirements — sometimes as little as six months under certain circumstances — and different procedural rules than claims against private parties. This is a detail that can end a case before it starts if a family waits too long to get legal help.

Our Austin pedestrian accident attorneys have handled fatal pedestrian cases in and around downtown, and we know how to identify all potentially liable parties from the start.

The CDC tracks pedestrian fatality data nationally, and the numbers are stark — pedestrian deaths have risen substantially over the past decade, with urban areas accounting for the majority. That trend has shown up in Austin as well.

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Can I File a Wrongful Death Claim If My Loved One Was on a Bicycle and Struck by a Commercial Vehicle?

Yes. Bicycle fatalities involving commercial trucks and delivery vehicles are some of the most serious cases I handle. When a commercial vehicle — whether a delivery van, box truck, 18-wheeler, or utility truck — strikes and kills a cyclist, multiple parties may be liable: the driver, the company that owns or operates the vehicle, and potentially a maintenance company or cargo loading contractor.

Commercial carriers operating in Texas are subject to Federal Motor Carrier Safety Administration regulations, including hours-of-service rules, vehicle inspection requirements, and driver qualification standards. When a fatal bicycle crash involves a commercial vehicle, we immediately request the driver’s logs, the vehicle’s inspection records, the company’s safety history with the FMCSA, and any dashcam or GPS data. Commercial defendants and their insurers move quickly to manage these situations, and families need to move just as fast.

Austin has seen significant growth in cycling infrastructure, including protected lanes on several major corridors. But infrastructure alone doesn’t prevent negligent drivers from causing fatal accidents. If your loved one was struck and killed while riding a bicycle, the at-fault driver’s personal negligence, the company’s negligent hiring or supervision practices, and the vehicle’s maintenance history are all fair game in litigation.

Our Austin bicycle accident attorneys and Austin 18-wheeler accident attorneys work together on commercial vehicle fatality cases, because these cases require expertise in both areas.

FindLaw and Justia both maintain accessible overviews of wrongful death law across states, and the American Bar Association offers resources for families trying to understand their legal rights after a death.

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What Damages Can a Wrongful Death Claim Recover?

Texas’s Wrongful Death Act allows surviving family members to recover for their own losses, not just the deceased’s losses. That includes loss of financial support the deceased would have provided, loss of the care and guidance the deceased gave to children, loss of companionship and consortium for a spouse, and the mental anguish each family member suffers from the death.

There is no cap on most wrongful death damages in Texas personal injury cases, though wrongful death claims against government entities face different rules. Punitive damages — called exemplary damages in Texas — are available when the defendant acted with fraud, malice, or gross negligence, but they’re capped under Texas Civil Practice & Remedies Code § 41.008.

These are not small cases. When the deceased was a working adult supporting a family, economic damages alone can run into the millions when you factor in decades of lost earnings and benefits. A thorough damages calculation requires economists, vocational experts, and careful documentation — not something a family can do alone or through a quick insurance settlement.

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Reach Out to Our Austin Team

If you lost a family member in Austin because of someone else’s negligence, your family’s legal rights have a clock running on them right now. The two-year statute of limitations sounds like a long time, but evidence disappears, witnesses forget, and insurance companies use delay as a strategy.

Kelley Wolff Injury Attorneys | Austin Accident Lawyers represents wrongful death families throughout Texas, and we handle these cases on a contingency basis — you pay nothing unless we recover for you. Contact us to schedule a free consultation.

Call us at (512)-470-6068 or visit our Austin office at 17800 Hamilton Pool Rd Ste. 203, Austin, TX 78738, United States.

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Written by Travis S. Kelley. Travis is a personal injury and wrongful death attorney at Kelley Wolff Injury Attorneys | Austin Accident Lawyers, serving clients across Austin and throughout Texas. Learn more about our team and practice.