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Montgomery County, TX (October 8, 2026) – A pedestrian was fatally hurt when an 18-wheeler struck them on I-45 in Montgomery County. The collision happened on Wednesday, October 7, at State Highway 242.

Several southbound lanes of I-45 were closed afterward. There are no details available regarding the pedestrian or how the wreck happened. 

Police continue to investigate the accident and its cause.

We extend our sincere condolences to the person's family and loved ones.

Who Can File a Wrongful Death Claim in Montgomery County, TX?

Under Texas law, a wrongful death claim can be brought by the surviving spouse, children, and parents of a family member who died. Siblings and other relatives generally cannot file one. If none of those family members files within three months of the death, the estate's executor may step in, unless the family asks that no lawsuit be filed.

A wrongful death lawsuit is filed for the benefit of all eligible family members, even when only one of them signs on as the plaintiff. Any recovery is generally divided among them in shares decided by a jury or agreed upon in a settlement. 

Separately, the estate may bring a survival claim, which can cover medical bills and pain the person experienced before dying, depending on the circumstances.

Texas generally sets a two-year deadline, counted from the date of death, to file these claims, and missing it can end a case before it starts. To make the process easier, many families turn to a wrongful death lawyer to help them sort out who is eligible to file, how the estate fits in, and which deadline applies to their situation.

At Brian C. Gutierrez, PLLC, we are available to talk with families about who may be eligible to file a wrongful death claim in Texas and how the process may develop for each particular case.

You can call Brian C. Gutierrez, PLLC at (979) 243-9912 to speak directly with our team and learn more about your options. We are here to help you clear your doubts. 

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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