El Paso, TX

Motorcycle Accident Wrongful Death Claims in El Paso

This page explains what a wrongful death claim covers and who can bring one. Nothing here is meant to rush you.

See If My Case QualifiesFree. No obligation. Takes about 2 minutes.

Losing someone in a motorcycle crash changes ordinary things fast. A paycheck stops arriving. Bills that were split two ways land on one person. Plans a family made together quietly stop being plans. A wrongful death claim exists to answer for that shift, in whatever way money can, while nothing about it tries to put a number on the person you lost.

A deadline that starts later than people expect

A family’s window here is two years, and the count works differently than it does for most injury cases. The state’s Civil Practice and Remedies Code sets this out at section 16.003(b): the clock begins on the day your loved one died rather than the day of the crash itself. If weeks or months passed between the wreck and the death, this later start date is the one that governs.

Texas narrows this claim to a short list of relatives

Not every family member has standing to bring a wrongful death claim on their own. In most families, the husband or wife left behind, the children, or the parents are the ones Texas lets step forward. If none of those relatives choose to file within a set period, the estate’s representative can sometimes bring the claim on the family’s behalf instead. An independent attorney can sort out where a specific family fits.

What this kind of claim was built to answer for

The categories here are concrete, not open-ended. Funeral expenses and the cost of burial belong in the claim, alongside the earnings and support the person would have kept providing and the loss of their companionship, guidance, and care. It stays within those kinds of loss rather than reaching for a dollar figure attached to the person themselves.

El Paso’s numbers from 2024

TxDOT’s most recent full-year data counted 66 fatal crashes inside El Paso city limits in 2024, resulting in 69 deaths. Those figures cover every kind of vehicle, not motorcycles alone, since the state doesn’t publish a city-level breakdown by vehicle type. Even so, they give a sense of how often a family in this city faces exactly this loss.

If the driver is facing criminal charges

A criminal case against the driver runs on its own track, separate from your family’s civil claim. One doesn’t have to wait on the other, and a family can move forward with a wrongful death claim while charges are still pending. If you’d like to understand how an impaired-driving crash or a crash involving a commercial truck can shape a case like this, both are covered in more detail. The statute of limitations guide also walks through how this deadline works alongside a family’s other claims.

Take whatever time your family needs. Whenever talking feels possible, an independent attorney who handles these cases with care can look at what happened, without cost and without pressure.

Common questions

Who is allowed to bring a wrongful death claim in Texas?

Texas generally reserves this claim for a surviving spouse, children, or parents of the person who died. Other relatives usually can't file it directly. If you're not sure where you fit, an independent attorney can look at your family's situation and tell you plainly.

What can a wrongful death claim actually cover?

It's built around a few real categories: funeral and burial costs, the financial support your family member would have provided, and the loss of their companionship and guidance. It doesn't put a price on grief itself, but it does answer for what their absence costs a family in concrete terms.

Does the criminal case against the driver change our claim?

Not directly. A criminal prosecution and your family's wrongful death claim are separate proceedings with separate rules, and one doesn't have to finish before the other moves forward. Some families find that the criminal case's evidence still helps their own claim along the way.

Related pages

See if you have a case — free

Answer a few quick questions. If your case qualifies, an independent attorney who serves El Paso can review it at no cost.

See If My Case QualifiesNo fees unless you win. No pressure to hire anyone.