Law Office of James M. Stanley
Call Us Today(817) 591-4222
Se Habla Español
  • Home
  • Attorneys
  • Firm Overview
  • Personal Injury
  • Wrongful Death
  • Blog
  • Case Results
  • Contact Us
  • Our office
  • In memory of Christi Stanley
  • Call Today
  • Email Us
  • Our Map
  • Menu
  • We Take the Time To Understand Your Story

    Why Hire Us
  • We Tailor Our Solutions to Fit Your Needs

    Free Consultation
  • We Stand at Your Side from Start to Finish

    View Our Results
Blogs 2021 December What Happens When an At-Fault Driver Is Killed?
Previous Post  |  Next Post

What Happens When an At-Fault Driver Is Killed?

Posted By Law Office of James M. Stanley || 6-Dec-2021

The person who caused a car accident does not always walk away unscathed. Being at fault does not protect them from the brunt of the damage. Sometimes, they are far more injured than the person they hit, and they could even be killed.

Texas operates on an at-fault system. Essentially, the driver who causes an accident is responsible for the medical expenses and property repairs of all involved. This recompense mostly comes from their insurance, but when insurance isn’t enough, the at-fault driver can be sued directly.

It’s a generally simple system, but that simplicity vanishes quickly when the at-fault driver dies. In this article, we will explore what you can do when an at-fault driver is killed at the wheel.

You Can Still Go Through Insurance

Drivers are insured for as long as they are drivers. Put simply, if an at-fault driver is insured, they are covered when a wreck occurs. It doesn’t matter if they live, die, are injured, or walk away unharmed. You can still file a claim with their insurance company, regardless of what happens to them.

If they were uninsured or underinsured, you can make a UI (Uninsured Motorists) or UIM (Underinsured Motorists) claim with your insurance company. UI and UIM help protect drivers from exactly this situation, helping cover expenses when the other driver isn’t properly covered.

You Can Make a Claim Against the Estate

The word “estate” often conjures up images of vast property owned by the wealthy. Legally, however, the word has a much broader definition. When someone leaves behind property after death, that property is their estate, regardless of its size.

If the deceased driver’s insurance, or lack thereof, leaves you unable to cover your bills, you may be able to file a case against their estate. Typically, this process works the same as it would if they were still alive. Instead of working directly with the at-fault driver and their attorney, you and your lawyer will work with the estate’s personal representative. This “PR” will likely have representation, too.

You can reach a settlement with the PR and their attorney, or, if necessary, you can take the matter to court. If, in either case, you are awarded compensation, your payment becomes a part of probate.

Probate is the legal process where a PR manages an estate’s debt and distributes property according to a will. You become one of the estate’s creditors, and you are paid alongside any other debts. Probate can take a while to finish, but eventually, you should receive your compensation.

Challenges When an At-Fault Driver is Killed

Since the deceased is no longer able to speak for themselves, there is no chance to interview each driver, getting to the truth. Instead of “your-word-vs.-theirs,” the situation becomes “your-word-vs.-no one’s.” This can actually make your case harder to prove. The family of the deceased can claim that your allegations are wild and unfounded.

Their response may not be that severe, but they could still oppose you. Motivated by the grief of their loss, they could be offended that you’re even attempting to receive compensation. They may try to stand in your way out of principle or a need to avoid the hassle.

For these reasons and more, you need a skilled attorney by your side. You need help proving that your allegations are not fabrications. With their investigative skills, your lawyer can help prove your claims. They can research your medical records, showing how your story is consistent with your injuries. Similarly, they can use the physical damage of the car to prove what happened. Sometimes, surrounding damage backs up your story as well. There may also be official reports from the police that validate your claim.

If you need help receiving compensation from an auto-accident, contact our firm today. We may be able to take on your case and help prove your side of the story. For a free consultation, call (817) 591-4222 or reach out online.

Categories: Personal Injury, Car Accidents

Share Post

Our Areas of Practice

  • Bicycle Accidents
  • Car Accidents
  • Catastrophic Injuries
  • Child Injuries
  • Construction Accidents
  • Electrocution
  • Fire & Explosions
  • Motorcycle Accidents
  • Pedestrian Accidents
  • Premises Liability
  • Product Liability
  • Trucking Accidents
  • Workplace Injuries
  • Wrongful Death

Start with a Free Case Consultation Today

The first step is easy. Tell us your story and we will give you a free evaluation.

Send My Information

The following is a sampling of some of the many cases we have had the privilege to handle on behalf of our clients. Each case is unique and must be evaluated on its own merits. Past results do not predict future results.​​

  • Catastrophic High Pressure Water Injury Resulting in Ruptured Colon, Infections, Multiple Surgeries Required

    NET TO CLIENT $3,069,546.66

  • Catastrophic Brain Injury/Motor Vehicle Accident

    NET TO CLIENT $3,018,051.78

  • Electrocution involving Defective Product

    NET TO CLIENT $2,491,510.87

  • Wrongful Death caused by Employer Negligence

    NET TO CLIENT $1,119,736.98

  • Grandmother seriously injured when rear-ended by 18-wheeler oil

    NET TO CLIENT $977,516.95

  • Wrongful Death due to Employer Negligence

    NET TO CLIENT $852,773.73

  • Wrongful Death caused by Employer Negligence.

    NET TO CLIENT $841,000.00

  • Catastrophic Injury caused by Defective Product.

    NET TO CLIENT $714,000.00

  • Wrongful Death caused by Employer Negligence

    NET TO CLIENT $728,664.19

  • Serious injury caused by 18-Wheeler blocking road

    NET TO CLIENT $584,309.41

  • Wrongful Death caused by Medical Malpractice.

    NET TO CLIENT $443,360.00

  • Wrongful Death and Survival Action

    NET TO CLIENT $461,423.23

  • Wrongful Death of a Fetus and Serious Personal Injury

    NET TO CLIENT $584,062.75

  • Wrongful Deaths

    NET TO CLIENT $532,211.06

  • Wrongful Death of a child

    NET TO CLIENT $499,266.40

  • Serious injuries to driver of 18-wheeler

    NET TO CLIENT $465,230.35

  • Wrongful Death caused by Medical Malpractice.

    NET TO CLIENT $359,520.00

  • Wrongful Death of a Child

    NET TO CLIENT $303,070.11

  • Wrongful Death of a Child

    NET TO CLIENT $380,345.57

  • Wrongful Death caused by physician negligence

    NET TO CLIENT$345,526.90

  • Serious Personal Injury

    NET TO CLIENT $352,813.23

  • Wrongful Death of a Child

    NET TO CLIENT $320,706.81

  • Medical negligence by hospital

    NET TO CLIENT $284,156.68

  • Wrongful Death Alcohol-Related Accident

    NET TO CLIENT $341,061.50


*The amounts reflected are the actual dollar amounts received by clients after deduction of attorney’s fees and expenses.
View More Results
  • Firm Overview
  • Attorneys
  • Site Map
  • Contact Us
Law Office of James M. Stanley

Call Today (817) 591-4222

Law Office of James M. Stanley -Fort Worth Personal Injury Lawyer
2200 Hemphill Street, Fort Worth, TX 76110 View Map
Call Today (817) 591-4222
Local (817) 335-7140
Website: https://www.law-jms.com/
© 2023 All Rights Reserved.

* James Stanley is the only attorney of the Law Office of James M. Stanley that has been inducted into the Multi-Million Dollar Advocates Forum and Million Dollar Advocates Forum

Internet Marketing Experts The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.