A fatal crash in Bryan-College Station starts three separate legal clocks, and the first can begin within three months. Texas law allows a wrongful death action when an individual dies because of another party's wrongful act or neglect, and the surviving spouse, children, and parents may bring it. Chapter 71 of the Civil Practice and Remedies Code sets the rules. Brian C. Gutierrez, a personal injury and wrongful death lawyer in Bryan-College Station since 2006, lays out the first 30 days below.
The checklist at a glance:
- Week 1: Preserve evidence and request the crash report.
- Weeks 1-2: Limit what is said to insurance adjusters.
- Weeks 2-4: Open the estate and identify every possible claim.
- Month 1: Hire counsel and calendar all three deadlines.
The Three Clocks Families Miss: 3 Months, 6 Months and 2 Years
Three Texas statutes set three different deadlines after a fatal crash, and each one starts from a different event. The table below shows which clock runs from the crash and which runs from the death.
| Clock | Statute | What It Requires | Starts On |
|---|---|---|---|
| 3 months | § 71.004(c) | If no spouse, child, or parent has begun an action within three calendar months of death, the executor or administrator must bring it unless all of them request otherwise | Date of death |
| 6 months | § 101.101(a) | A governmental unit is entitled to notice of a claim no later than six months after the incident | Date of the crash |
| 2 years | § 16.003(b) | Suit for an injury resulting in death must be filed within two years | Date of death |
The three-month rule does not cut off a family's claim, but it can place an executor or administrator in charge of filing. The six-month notice matters only when a city, county, state agency, or public university may share fault, and a local charter may require notice even sooner.
Why the Two-Year Clock Starts on the Date of Death
The two-year wrongful death deadline runs from the date of death, not the date of the crash. Under § 16.003(b), the cause of action accrues on the death of the injured person.
Consider a crash on January 1 followed by a death on March 1. The two-year filing window runs from March 1, but the six-month government notice runs from January 1 and expires July 1. Section 16.062 also suspends limitations for 12 months after the death of a person who held a cause of action, ending earlier if an executor or administrator qualifies. Families should treat the two-year date as the working deadline and confirm any extension with counsel.
Week 1: Preserve Evidence Before It Disappears
Evidence from a fatal crash can vanish within days, so the first week should go to securing it. Families can work through these steps in order:
- Request the CR-3 crash report from TxDOT once the investigating agency files it: Fatal crash investigations can take longer to finalize than routine reports.
- Ask businesses along Highway 6, Texas Avenue, and University Drive to keep surveillance video: Many systems overwrite footage within days, so make the request in writing and note the manager's name.
- Photograph the scene and every vehicle: Including skid marks, debris, road signs, and damage, before vehicles are repaired or released from a tow yard.
- Identify electronic data sources: Dash cams, vehicle event data recorders, phone records, and, for commercial trucks, electronic logging device (ELD) data, driver logs, and dispatch records.
- Avoid social media: Do not post about the crash online, and do not delete existing posts.
When a commercial truck is involved, Brian C. Gutierrez can send a spoliation letter that demands the trucking company preserve logs and data. For more detail, see the firm's truck accident page.
Week 1-2: What To (and Not To) Say to Insurance Adjusters
Families should say very little to an insurance adjuster: confirm the loss occurred, share contact information, and decline everything else until counsel is involved. Adjusters often call within days, while families are still grieving.
- Do not give a recorded statement: Answers given in shock can be used to dispute fault later.
- Do not accept an early offer: Initial figures often arrive before funeral costs, medical bills, and lost income are fully known.
- Do not sign broad medical authorizations: Release only what an attorney has reviewed.
A settlement cannot be reopened once accepted. The firm's guidance on whether to take an insurance settlement and what to do if the other side's lawyer calls covers both situations.
Week 2-4: Open the Estate and Identify Every Claim
A fatal crash can produce two separate claims: a wrongful death claim for family members and a survival claim for the estate. Under § 71.004, the wrongful death action benefits the surviving spouse, children, and parents, who may seek damages such as lost support, loss of companionship, and mental anguish.
The survival claim belongs to the estate and covers the decedent's own losses, including medical bills, funeral expenses, and pain suffered before death. An executor or administrator generally brings it, and the same representative may need to act under the three-month rule if no family member has filed.
Whether a formal probate or administration is needed depends on whether a will exists, what the estate holds, and who the heirs are. Families should gather the death certificate, any will, and funeral and medical bills during this window, then ask a probate attorney or Brian C. Gutierrez how the two claims fit together.
Month 1: Choosing a Wrongful Death Lawyer in Bryan-College Station
A wrongful death lawyer in Bryan-College Station should meet four tests before a family signs an agreement:
- Board certification in personal injury trial law from the Texas Board of Legal Specialization
- A record of taking cases to a jury, not only settling them
- Contingency-fee terms and case expense rules in writing
- Familiarity with the Brazos County courthouse and local judges
Brian C. Gutierrez is board certified in personal injury trial law, a distinction held by fewer than 2% of Texas attorneys, and has tried cases to a jury in every county and district court in Brazos County. As a solo practitioner, he handles each case personally. The firm's results page lists wrongful death and survival action recoveries, though past results do not guarantee future outcomes.
How Does a Contingency Fee Work in a Wrongful Death Case?
A contingency fee means the lawyer is paid a percentage only if the family recovers compensation. Families should ask for the percentage, how case expenses are handled, and whether the percentage changes if the case goes to trial, and get every answer in writing before signing.
FAQs
Do we have to wait for the criminal case before filing a civil claim?
No. The civil wrongful death case is separate from any criminal prosecution, and a criminal case does not have to end first. The two-year deadline under § 16.003(b) keeps running while the criminal case is pending.
Can we sue if the driver was not charged?
Yes. A decision not to charge a driver does not prevent a civil claim. A wrongful death case turns on whether negligence caused the death, which is a different question from whether criminal charges are filed.
What if the crash involved a city vehicle?
Claims against a city or other governmental unit follow special rules. Notice of the claim is due no later than six months after the incident under § 101.101(a), and a city charter may set an earlier date. An exception applies when the governmental unit has actual notice of the death, but families should not rely on it. Immunity is also waived only in limited situations, and damages are capped by statute, so a lawyer should review any claim involving a government vehicle right away.
Talk to a Wrongful Death Lawyer in Bryan-College Station Before the Clocks Run
The first 30 days shape what a family can prove and when it must act. Brian C. Gutierrez has represented Texas families since 2006, and each case is handled by him personally. Contact the firm to schedule a free consultation.
