A Wrongful Death Claim Can Hold the Driver Responsible for a Family's Loss
When a driver kills a Texas road worker, the worker's family often faces many hard questions. Who pays for the funeral? How will other bills get paid without a paycheck? What about future expenses? Who's responsible (liable) for paying for these financial losses? The answers can determine whether a family files a Texas wrongful death lawsuit.
Sadly, these tragedies happen far too often. Texas work zones saw more than 28,000 crashes in 2025, according to Texas Department of Transportation (TxDOT) data reported by KPRC 2. Those crashes killed 203 people, including seven roadway workers. Speeding, texting, and erratic lane changes were among the leading causes.
Our San Antonio wrongful death lawyers at The Herrera Law Firm help these families find every source of compensation. Even when a worker dies on the job, the family can often bring a wrongful death claim against the driver who caused the crash. That claim can cover losses no other source will.
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At a Glance
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How Dangerous Are Texas Work Zones for Road Crews?
Road crews often work just feet from moving traffic. They don't have walls or barriers between them and a driver who looks down at a phone. TxDOT says there are more than 1,800 active work zones across Texas. Nearly every driver passes through one at some point.
Most people killed in work zone crashes are drivers and passengers. The workers on the ground still face some of the greatest danger. A driver going 60 mph has almost no time to react once a flagger or equipment operator appears ahead. A single bad decision behind the wheel can end a worker's life.
Texas law tries to protect these crews. Traffic fines double in work zones when workers are present. Drivers must also move over a lane or slow to 20 mph below the limit near roadside vehicles with flashing lights. Even so, road construction accidents remain a serious threat and put road crews at risk.
Who Can Be Held Responsible When a Driver Kills a Road Worker?
The driver who caused the crash is usually liable for the death. Other people or companies may share that responsibility, depending on what happened.
- The Driver – A driver who was speeding, texting, or weaving between lanes can be held responsible for the family's losses.
- The Driver's Employer – A company may also be responsible if the driver was working at the time of the crash.
- A Bar or Restaurant – Under Texas law, a business that kept serving an obviously drunk driver may share the blame.
- A Company That Set Up the Work Zone – Missing warning signs, poor lane closures, or a lack of barriers can point to another responsible party.
Finding everyone who shares the blame matters. One driver's insurance policy may not come close to covering a family's losses. Texas only requires drivers to carry $30,000 in coverage for one person's injuries. A wrongful death claim can be worth far more. Looking at every possible source of payment can make a big difference.
What If the Worker's Employer Doesn't Carry Workers' Comp?
Texas is the only state that lets most private employers opt out of workers' compensation coverage. Companies that opt out are known as non-subscribers. When a road worker's employer is a non-subscriber, the family may be able to sue the employer directly for its part in the death, such as poor training, missing barriers, or unsafe lane closures.
Non-subscriber employers also give up important legal defenses. Under Texas Labor Code Section 406.033, they generally can't argue that the worker was partly at fault or that a coworker caused the death. That can make a claim against the employer much stronger.
When the employer does carry coverage, the family may receive some benefits through that system. Those benefits never replace a claim against the driver who caused the crash. Looking at every option early can help a family avoid missing a source of compensation.
Can the Family Also File a Wrongful Death Claim Against the Driver?
Yes. The careless driver is a third party, meaning someone other than the worker's employer. The family can bring a third-party claim against that driver. Texas law spells out who can file a wrongful death claim. A surviving spouse, children, and parents can all bring one.
A wrongful death claim can cover far more than funeral costs. That can include the full income the worker would have earned. It can also cover the loss of love and guidance and the family's mental anguish. The driver's insurance company may fight over each of these losses. That's why these claims need careful handling.
Time matters, too. Most Texas wrongful death claims must be filed within two years under the state's statute of limitations. Evidence about the crash can disappear long before that deadline arrives. Waiting can weaken a claim. Here's how the claims a family may have compare.
Possible Claims for a Road Worker's Family
| Type of Claim | Brought Against | What It Can Cover |
|---|---|---|
| Wrongful death claim | The at-fault driver and the driver's insurance company | Lost income, loss of companionship, and mental anguish |
| Third-party claim | The driver's employer, a bar that overserved the driver, or a work zone contractor | The same losses, when that party's carelessness played a role |
| Non-subscriber claim | The worker's employer, if it doesn't carry workers' comp | Losses tied to unsafe conditions, poor training, or missing safety equipment |
What Evidence Shows the Driver Caused the Crash?
Proving what the driver did to cause the work zone accident often determines how much money a family can recover. Key evidence can disappear within days. That’s why it’s critical that families have a legal team investigating the accident as soon as possible. Evidence in fatal work zone accident claims can include:
- Phone Records – Cellphone records can show whether the driver was texting, calling, or using an app during the crash.
- Vehicle Data – Many vehicles record speed, braking, and steering in the seconds before a collision. That data can show how fast the driver was going.
- Video Footage – Dash cameras, traffic cameras, and nearby business cameras may have captured the crash or the driver's behavior beforehand.
- Crew Witness Statements – Other workers on the site may have seen the driver speeding, swerving, or ignoring warning signs.
Video and data can be erased or overwritten quickly. A lawyer can send letters demanding that this evidence be saved before it disappears. Phone records and other proof are often key to showing how distracted driving claims are proved. Acting fast protects the family's claim.
How Can a San Antonio Wrongful Death Lawyer Help?
Losing a loved one in a work zone crash in Texas can be devastating. You may be dealing with funeral costs, lost income, and questions no family should have to answer alone. Insurance companies for the at-fault driver or other liable parties may move quickly to limit what they pay. Your family deserves time to grieve while someone protects your rights.
Our San Antonio wrongful death attorneys at The Herrera Law Firm have stood up for Texas families since 1983. In one case, we secured a $10,600,000 settlement for the family of a worker killed on the job. That result reflects the preparation and persistence we bring to every family's case.
Your family shouldn't have to let an insurance company decide what your loss is worth. Contact us for a free consultation. A skilled San Antonio wrongful death lawyer at our firm can explain your family's options. We work for you and we'll go after every source of compensation your family deserves.
