Can You Go To Jail For Accidentally Killing Someone in a Car Accident?

If you accidentally kill someone in a car accident, can you go to jail? It’s a scary question, but it comes up far too often in Texas, especially in a city with heavy traffic like Houston. 

If a crash kills someone else, the consequences can go beyond civil lawsuits and into the world of criminal charges, even if the crash was an accident.

Texas law takes deadly accidents very seriously. Intent is a big part of criminal liability, but some types of behavior, like negligence or recklessness, can lead to charges like accidental manslaughter or criminally negligent homicide. 

It’s essential for drivers involved in these kinds of traumatic events, whether they’re the victim’s family or the person behind the wheel, to know how these laws work.

Accidents vs. Crimes: Understanding the Legal Divide

When a car accident turns deadly, a dark cloud of fear and uncertainty can fall over the scene. People who are involved in the accident often have to deal with the terrifying question: can you go to jail for killing someone by accident in a car accident? 

It’s a very sad thought, and it’s important to know that not every car accident that kills someone is a crime. Many crashes are just that: accidents.

 No one meant to hurt anyone or even acted very recklessly, which leaves everyone heartbroken and shocked. 

But if some actions go too far and become reckless or grossly negligent, the sad result can lead to very serious criminal penalties. 

In Texas, the criminal justice system carefully decides if someone should be charged with a crime based on how guilty they are of a crime.

Not every car accident that results in death is a crime. Many crashes are truly accidents, meaning no criminal act occurred. 

However, when certain behaviors cross the line into recklessness or gross negligence, criminal penalties may apply. In Texas, the criminal justice system differentiates between:

Unintentional Homicide

This word describes situations in which someone dies because of what someone else did, but the other person didn’t mean to kill them. 

In Texas, the laws that deal with this idea the most are those that deal with vehicular manslaughter or criminally negligent homicide. 

This means that even though the driver didn’t mean to hurt anyone, their actions put a huge and unnecessary risk that a reasonable person would have seen and avoided, which sadly led to a death.

Accidental Manslaughter

In Texas law, the term “accidental manslaughter” isn’t officially used, but it usually means crimes like intoxication manslaughter or criminal negligence behind the wheel. 

For example, intoxication manslaughter happens when a person drives while drunk and kills someone else because they were intoxicated. 

This isn’t about wanting to kill someone; it’s about how deeply irresponsible it is to drive while drunk, which society sees as a serious crime with terrible possible outcomes.

Texas Penal Code § 19.05 defines criminally negligent homicide as causing someone’s death through criminal negligence. It’s a state jail felony, meaning you could face six months to two years in a state jail facility if convicted.

What Happens If You Hit Someone with Your Car by Accident, and They Die?

After a deadly car crash, even one that seems like a terrible mistake, a driver may have to face a terrifying reality. 

The question, “What happens if you hit someone with your car by accident and they die?” is a heavy one that often makes people feel guilty and scared of getting in trouble with the law. 

The word “accident” doesn’t imply that someone intended to harm another person, but the law examines the driver’s actions and state of mind before the crash to determine if they were at fault. 

Depending on the circumstances of the unintentional death, several different legal outcomes can happen. 

These outcomes will determine whether you are charged with a crime or just held civilly responsible.

No Criminal Charges (True Accident)

If you obeyed traffic laws, were sober, and simply made an unavoidable error (e.g., a child darts into the street), prosecutors may determine that no crime was committed.

Criminally Negligent Homicide

This charge can apply if you were driving in a manner considered negligent under the circumstances, such as running a red light, speeding in a school zone, or texting while driving.

Intoxication Manslaughter

This is a second-degree felony. If you’re under the influence of drugs or alcohol at the time of the crash, even if the crash was “accidental,” you could be charged with intoxication manslaughter, which carries 2 to 20 years in prison.

So, yes, to answer the question that keeps coming up: can you go to jail for killing someone by accident in a car accident? Yes, if your actions cross the line into criminal negligence or drunkenness. The exact result depends on the extent of the fault and the actions that led to it.

Is Manslaughter Accidental in Texas?

In Texas, you don’t have to mean to kill someone to be guilty of manslaughter. 

According to Texas Penal Code § 19.04, manslaughter is the act of killing someone without thinking about it. This means that things like aggressive driving, speeding too much, or drag racing—even if you don’t mean to hurt anyone—can get you charged with manslaughter if someone dies.

In Houston, these cases often happen when cars crash at high speeds on roads like the Katy Freeway or Westheimer Road, where careless driving can lead to death in seconds.

The Role of Insurance: Civil vs. Criminal Liability

After a fatal accident, civil claims and criminal charges are handled separately. The deceased person’s family may file a wrongful death claim, even if no criminal charges are filed. In those cases, a Houston car accident injury lawyer can help victims’ families pursue compensation for:

• Medical bills
• Funeral expenses
• Pain and suffering
• Loss of income and support

On the other hand, criminal liability is determined by the district attorney’s office, which assesses whether your conduct was criminally negligent or reckless enough to warrant prosecution.

Real-World Example: A Multi-Car Accident in Houston

For drivers, the idea of being in a deadly car accident is their worst nightmare. It’s a frightening thought that can linger with even the most cautious individuals. 

But bad things can happen in the blink of an eye, and they can have terrible effects that change lives forever. Think about a multi-car crash on I-45, a highway known for being very busy, with a lot of cars involved. 

You might rear-end a parked car because you were looking at your phone for a split second. That car then careens forward in a terrible chain reaction and hits a person on foot. 

Later, the person walking dies from their injuries. This made-up situation makes the scary question very clear: Can you go to jail for accidentally killing someone in a car accident?

Even though you didn’t mean for this to happen, the law will look at every step that led to the tragic death in a situation as horrible as this.

The family of the victim may be able to sue you in civil court. 

This means that the deceased’s family could sue you for wrongful death, asking for money to cover their huge pain and suffering, lost income, and the hole left by their loved one’s death. 

This is a civil case that aims to provide financial assistance to individuals, and it is not related to any criminal charges.

If prosecutors think your distraction was so bad that it was criminally negligent, you could be charged with criminally negligent homicide. 

Your brief lapse—looking at your phone—could be seen as a “gross deviation from the standard of care” that a reasonable person would show. 

This means that even though you didn’t mean to hurt anyone, you could be charged with a felony in state jail for not seeing and avoiding the big and unnecessary risk of driving while distracted. 

You could even go to jail. This kind of accidental homicide is severe, even if the person didn’t mean to do it.

If drugs or alcohol were involved, the charge could go up to intoxication manslaughter.

 This is a severe crime in Texas. If you had been drinking before looking at your phone and causing the chain of events that led to the pedestrian’s death, the fact that the crash was “accidental” is less important than the fact that you were driving while impaired. 

This could result in a second-degree felony charge, which carries a much longer prison sentence.

This terrifying example shows that even an accidental killing can have terrible legal consequences. The level of carelessness or negligence shown by the driver is what separates a tragic accident from a crime.

What Happens After a Fatal Car Accident?

Step 1: Police Investigation

Authorities will conduct an immediate investigation. Expect your vehicle to be impounded and to be questioned at the scene.

Step 2: Toxicology Tests

You may be asked to submit to a breathalyzer or blood test. If you refuse, you could face license suspension or implied consent violations.

Step 3: Charging Decision

If prosecutors determine you acted recklessly, they may file criminal charges. Otherwise, you may only face civil litigation.

Step 4: Civil Lawsuits

In parallel with the criminal process, families may pursue wrongful death claims with the help of a Houston personal injury attorney.

Legal Defenses in Accidental Death Cases

If you’re charged after accidentally causing a fatal crash, possible defenses include:

Lack of negligence: 

Showing that your actions were within usual driving standards.

Medical emergency: 

If you lost control due to a sudden health event.

Contributory negligence: 

Demonstrating that the other party contributed to the accident (e.g., jaywalking or unsafe driving).
These defenses are highly fact-specific, so having experienced legal representation is essential.

Penalties for Accidental Manslaughter in Texas

In addition to incarceration, these charges can result in:

• Revoked or suspended driver’s license
• Fines of up to $10,000
• Permanent criminal record
• Civil lawsuits

Even if you’re not charged criminally, civil consequences can be significant. A car accident claim involving a fatality often leads to high-stakes negotiations with insurers and victims’ families.

Emotional Impact and Support After a Fatal Accident

The emotional toll can be too much for both the family of the person who died and the driver who was in the crash. The driver might feel guilty, depressed, anxious, or have PTSD. Families may be angry, sad, and want justice.

In such situations, seeking emotional and mental help is crucial. Therapy, counseling, and support groups can help everyone deal with the trauma and start to heal.

Related Incidents in Houston: A Dangerous Trend

Houston has one of the highest rates of traffic deaths in the U.S. The Houston Police Department said that in 2023 alone, hundreds of people died in car accidents, many of which were caused by distracted driving, speeding, or drunk driving.

Drivers need to be extra cautious because Harris County is becoming increasingly busy and developed. It’s essential to understand your legal options, as even minor mistakes can have severe consequences.

Accidental Homicide and Car Accidents: What Victims’ Families Should Know

Losing a loved one in a car accident due to suspected negligence raises the agonizing question: Can you go to jail for accidentally killing someone in a car accident? For grieving families, the focus shifts to seeking justice and support. 

A wrongful death lawsuit offers a legal path for recourse, addressing both the tangible and intangible impacts of their profound loss.

A wrongful death lawsuit can provide compensation for:

Loss of companionship: 

The irreplaceable emotional void left by your loved one’s absence, shared experiences, and emotional bond.

Emotional trauma: 

The severe psychological impact, including grief, anxiety, and PTSD, is from such a sudden and violent loss.

Medical expenses before death: 

The overwhelming costs associated with emergency care and final medical interventions before your loved one passed.

Lost income and future earnings: 

The devastating financial impact of losing a household’s income, ensuring family stability.

Crucially, the burden of proof in civil court is lower than in criminal trials. This means even if no one is charged criminally, families can still pursue financial recovery through a civil wrongful death lawsuit, holding negligent parties accountable for their loss.

Contact the Houston Personal Injury & Car Accident Lawyers at DeHoyos Accident Attorneys for Help Today!

If you’re grappling with the question, “can you go to jail for accidentally killing someone in a car accident?” the reality is complex. Whether you’re a grieving family or a driver involved in a tragic accident, legal help is essential to navigate what comes next.

At DeHoyos Accident Attorneys, we have experience handling sensitive and high-stakes accident cases across Houston. Whether your case involves car crashes, rideshare collisions, or motorcycle wrecks, we provide compassionate, experienced legal support.Contact us today at DeHoyos Accident Attorneys for a free and confidential case review. We are here to stand by your side—no matter which side of the accident you’re on.