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Austin, TX (November 3, 2026) – A child passenger died following a two-vehicle crash on northbound MoPac Expressway near Enfield Road Monday night, November 2, according to the Austin Police Department.

The crash occurred around 9:45 p.m. along the 2100 block of northbound MoPac Expressway. Police said one vehicle struck another, sending the second vehicle off the roadway and into a nearby median.

The first vehicle also left the roadway and struck a pole. A passenger in that vehicle died after the crash. Another person was taken to a hospital and later released.

Austin police announced Tuesday that the driver of the first vehicle had been arrested on suspicion of DUI vehicular manslaughter. The investigation remains ongoing. 

Our condolences go out to the family and loved ones of the young passenger who lost their life.

What Legal Options May Be Available After a Fatal DUI Crash in Austin, TX?

When a person dies in a crash involving an allegedly impaired driver, surviving family members may have grounds to pursue a wrongful death claim under Texas law. Such a claim is separate from any criminal case and may seek financial compensation for losses connected to the death.

Eligible family members may include a surviving spouse, children, and parents of the person who died. Depending on the circumstances, the estate may also pursue a survival claim for certain damages the deceased person could have recovered had they lived.

A wrongful death claim may seek compensation for lost financial support, loss of companionship and society, mental anguish, and other legally recognized losses. A survival claim may involve medical expenses, pain and suffering before death, and other damages permitted by law. The types of damages available depend on the facts and applicable legal requirements.

A criminal arrest does not automatically establish civil liability. A family pursuing a civil claim generally must establish negligence or another applicable basis for liability using evidence. Relevant records may include the police crash report, witness accounts, vehicle data, toxicology evidence, photographs, and medical documentation.

Texas law also sets deadlines for filing wrongful death and survival claims. These time limits can vary in certain circumstances, so families may wish to seek legal guidance promptly. Insurance coverage and the financial circumstances of those involved may also affect the options available.

At Brian C. Gutierrez, PLLC, we help families understand who may qualify to bring a wrongful death claim in Texas and explain the legal options that may apply to their circumstances.

Call Brian C. Gutierrez, PLLC, at (979) 243-9912 to speak with our wrongful death lawyer and discuss potential next steps after a fatal crash.

Note: This post is based on information obtained from publicly available secondary sources. While we strive to ensure the accuracy of the information presented, Brian C. Gutierrez, PLLC has not independently verified all details of the incident reported. If you notice any inaccuracies or missing information, please contact Brian C. Gutierrez, PLLC so we can promptly review and update the content.

Disclaimer: The content of this post is provided for general informational purposes only and should not be interpreted as legal or medical advice. Reading this post does not create an attorney-client relationship with Brian C. Gutierrez, PLLC. If you have been injured in an accident, seek appropriate medical care and consult a qualified attorney regarding your legal options. Any images included are for illustrative purposes only and do not depict the actual accident scene or individuals involved.


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