‍Published by Brooker Law, PLLC — Dallas, Texas | Pedestrian Accident Lawyers

Last Updated: November 18, 2025

TL;DR

When a pedestrian is killed by a negligent driver in Dallas, surviving families and the decedent's estate have the right to pursue wrongful death and survival claims under Texas law. Brooker Law, a Dallas-based wrongful death and catastrophic injury firm, explains who can file, what compensation is available, how evidence is gathered, and what families can expect during the process. Contact Brooker Law for a free, confidential consultation.

‍When a Pedestrian Is Killed, Families Face More Than Grief

Dallas sees dozens of fatal pedestrian crashes every year. Behind every statistic is a family left in shock, confusion, and overwhelming pain. And in the middle of that pain, families often ask:

“Do we have a wrongful death case?”
“Who can file?”
“How does it work?”
“What does the process look like?”

This article answers those questions clearly and compassionately while explaining how Brooker Law helps families pursue justice and accountability after unimaginable losses.

What Is a Wrongful Death Claim?

In Texas, a wrongful death claim is a civil action brought when a person is killed because of someone else’s negligence or wrongdoing. In pedestrian cases, wrongful death claims often involve:

  • Speeding drivers;
  • Distracted drivers;
  • Impaired drivers;
  • Commercial vehicle operators;
  • Drivers who fail to yield or keep a proper lookout; and
  • Drivers who should have seen the pedestrian but weren’t paying attention.

Wrongful death claims hold negligent drivers financially responsible and give families a path toward justice, accountability, and closure.

Who Can File a Wrongful Death Claim in Texas?

Texas law is specific. Only the following may file:

  • The surviving spouse;
  • Surviving children (adult or minor, including legally adopted children but not stepchildren); and
  • Surviving parents.

If none of these family members file within three months, the estate (through its court-appointed representative) may file a wrongful death lawsuit on their behalf. This is different from the survival claim that the estate may pursue to recover for the decedent's pre-death personal injuries, as discussed in more detail below.

It should be noted, however, that siblings are not allowed to bring wrongful death claims under Texas law.

Two Types of Claims: Wrongful Death vs. Survival

Families are often unaware that two separate claims may exist:

1. Wrongful Death Claim

Wrongful death claims compensates the surviving spouse, children, or parents for their own personal losses, including:

  • Mental anguish;
  • Loss of companionship and society;
  • Loss of financial support and services; and
  • Loss of household contributions.

2. Survival Claim

Survival claims are brought on behalf of the decedent’s estate for damages the victim suffered before death, such as:

  • Conscious pain and suffering;
  • Mental anguish;
  • Health care expenses incurred prior to death; and
  • Funeral and burial expenses.

Brooker Law handles both claims together to maximize recovery for families.

How We Prove Wrongful Death Cases in Dallas

Wrongful death cases require strong, objective evidence especially when the driver or insurer denies responsibility. Brooker Law conducts an immediate and thorough investigation, including:

1. Video Evidence

If possible, we secure surveillance, dashcam, apartment, or business footage before it’s erased.

2. EDR (“Black Box”) Data

We obtain vehicle data revealing:

  • Speed;
  • Brake usage;
  • Acceleration;
  • Steering inputs; and
  • Reaction time.

3. Scene Forensics

Our accident reconstruction experts and investigators measure skid marks, analyze lighting, map the roadway, and recreate the driver’s sightlines.

4. Phone Records

We subpoena records when distraction is suspected.

5. Toxicology and Police Investigations

We coordinate with police, accident reconstruction experts, and file necessary records requests.

6. Witness Interviews

We obtain statements from bystanders, first responders, or nearby drivers.

Evidence allows us to reconstruct the final moments accurately and show exactly what the driver did and what they failed to do.

‍How Long Does a Wrongful Death Case Take?

It depends on the following:

  • Complexity of liability;
  • Disputes over fault;
  • Insurance coverage;
  • Severity of conduct;
  • Whether commercial vehicles are involved; and
  • Court scheduling.

Many cases resolve within 12–24 months though commercial cases or disputed liability cases may take longer. Brooker Law prepares every case as if it will be presented to a jury. This preparation often leads to higher settlement values and insurers know it.

Do We Have to Go to Court?

Not always. Many wrongful death cases settle outside of court. However, we prepare every case for trial because:

  • Strong trial preparation drives higher settlement offers;
  • Some insurers refuse accountability without litigation; and
  • Families deserve the truth even if it must be proven in court.

You won’t be alone at any step. Brooker Law guides families through the entire process.

What Families Should Do Right Now

  1. Save all documents — police reports, medical records, funeral bills.
  2. Write down everything about what you know and who contacted you.
  3. Avoid speaking with insurance adjusters — they are not on your side.
  4. Do not rush into settlement offers — they are designed to close cases cheaply.
  5. Contact a wrongful death lawyer early — evidence disappears quickly.

FAQ: Pedestrian Wrongful Death Cases

How long do we have to file?
Generally two years, though exceptions exist.

Can we sue a company if the driver was working?
Yes. Employers are often liable for their employees’ negligence.

What if the police didn’t cite the driver?
Civil liability is separate from criminal charges. We prove negligence independently.

Can we recover if our loved one was partially at fault?
Possibly. Texas’s comparative fault law allows recovery if the decedent was 50 percent or less responsible.

Contact Brooker Law

Brooker Law, PLLC represents families in Dallas pedestrian wrongful death, catastrophic injury, and commercial vehicle crash cases across Texas. Our mission is to deliver answers, accountability, and justice when a loved one is taken too soon. Contact Brooker Law today for a free, confidential consultation.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Every case is different. For advice about your specific situation, contact Brooker Law, PLLC.