San Benito Wrongful Death Attorney

What can a family do if someone causes a wrongful death but can’t be found?

If someone causes a wrongful death but cannot be found, the victim’s family may still be able to file a wrongful death lawsuit. However, their chances of recovering damages are significantly reduced.

The reason is due to the difficulty in proving the responsible party’s negligence. There is also the issue of serving the defendant with legal documents. Here are some key points to consider if you find yourself in this situation:

Limited recovery options

The hard truth is that a family’s chances of recovering any money for the wrongful death of a loved one is impossible if the person responsible for death is not found. A standard wrongful death lawsuit begins with serving the defendant with legal documents, and that cannot be done if the defendant is unknown.

Investigating potential liable parties

The family may need to investigate if any other parties could be held liable, such as employers, property owners, or other individuals who may have contributed to the circumstances leading to the death.

Insurance claim

If the at-fault party is known, but has gone into hiding, the family may be able to file a claim with the defendant’s insurance company (assuming they had coverage). The family can then attempt to recover damages, but it will depend on the terms of the at-fault party’s policy.

Statute of limitations

In Texas, the statute of limitations for filing a wrongful death lawsuit is two years from the date of the victim’s death. However, the limitation can be extended (or tolled) if the at-fault party deliberately goes into hiding. To successfully argue for tolling, the plaintiff must demonstrate that they made reasonable efforts to locate the defendant.

Consult a wrongful death attorney

At the J. Gonzalez Law Firm, we can assess your situation, explore potential legal avenues, and advise on the best course of action based on the specific details of the case and applicable laws. Beforehand, you should collect as much evidence as possible about the incident, including police reports, witness statements, and medical records. These can be crucial even if the responsible party cannot be found.

In some circumstances the J. Gonzalez Law Firm may be able to file a so-called “John Doe Lawsuit,” allowing the family to proceed with the case even without knowing the exact identity of the responsible party.

Contact J. Gonzalez today to discuss your options. We’re available via this website or at 1-800-CAR-CRASH.

Police search for driver in fatal hit-and-run

The Texas Department of Public Safety is searching for a driver who fled the scene after fatally striking a 15-year-old boy who was riding his bicycle.

According to a DPS news release, the incident happened about 3:00 a.m. on Farm-to-Market Road 1846 near County Road 278. The report states that the teen victim was riding his bicycle north on FM 1846, when an unknown vehicle traveling in the same direction struck the bicyclist from behind.

The driver left the scene without rendering aid to Schwartz, who died from his injuries at the scene.

DPS has identified the bicyclist as 15 year old Kayden Schwartz of Harlingen.

“The suspect vehicle is possibly between a 2023-2025 Ford F-250 or a larger Ford pick-up model, which is unknown in color with chrome trimming and front right damage,” DPS said in the release.

DPS officials urge those who know the whereabouts of the suspect vehicle and driver to call their office at (956) 565-7600.

Source: https://myrgv.com/alerts-vms/2025/02/09/driver-sought-in-bicyclists-hit-and-run-death-in-san-benito/