When Does a Fatal Car Accident Lead to Criminal Charges in Texas?

 Posted on April 21, 2026 in Criminal Defense

A fatal car accident leads to criminal charges in Texas when there is evidence that the driver did something more than make an honest mistake. Not every crash that results in a death will lead to a criminal case. The difference between a tragic accident and a crime comes down to what the driver was doing and how they were acting at the time of the crash. If you’ve been charged with manslaughter or a related charge, a Houston criminal defense lawyer can help you understand what you are up against and what your options are.

What Charges Can Follow a Fatal Car Accident in Texas?

Texas law gives prosecutors several options when someone dies in a car accident. The charge they pursue depends on what the evidence shows about how and why the crash happened. The most common charges include:

• Intoxication manslaughter, which applies when a driver causes a death while operating a vehicle while intoxicated

• Manslaughter, which applies when a death results from reckless driving, meaning the driver knew there was a serious risk and ignored it anyway

• Criminally negligent homicide, a lower charge that applies when the driver should have recognized a risk but did not

• Murder, in rare cases, where the driver is accused of intentionally using a vehicle as a weapon

Each charge carries different penalties and requires the state to prove different things about what the driver knew and was doing at the time of the crash.

What Is Intoxication Manslaughter in Texas?

Intoxication manslaughter is one of the most commonly filed charges after a fatal crash in Texas. Under Texas Penal Code § 49.08, a person commits intoxication manslaughter if they drive in a public place while intoxicated and cause someone's death because of that intoxication. This is a second-degree felony, which carries two to 20 years in prison and a fine of up to $10,000.

Intoxication does not just mean alcohol. It includes being under the influence of drugs, prescription medication, or anything else that affects normal mental or physical faculties. The state does not need to prove the driver meant to hurt anyone. They only need to show that the driver was intoxicated and that the intoxication caused the death.

What Is Manslaughter in the Context of a Car Accident?

Manslaughter under Texas Penal Code § 19.04 applies when a person recklessly causes someone's death. In a car accident case, recklessness means the driver knew their behavior created a serious risk of harm and did it anyway. Examples that Texas prosecutors have used to support manslaughter charges include street racing, running red lights at very high speeds, and driving aggressively in heavy traffic.

Manslaughter is a second-degree felony in Texas with the same two-to-20-year sentencing range as intoxication manslaughter. The key difference is that manslaughter does not require proof of intoxication. It requires proof that the driver was consciously reckless.

What Is Criminally Negligent Homicide in Texas?

Criminally negligent homicide is a step below manslaughter. Under Texas Penal Code § 19.05, it applies when a person causes a death through criminal negligence, meaning they should have recognized a risk but did not. This charge comes up in fatal accident cases involving things like texting while driving, running a stop sign, or failing to yield in a way that a reasonable person would see as dangerous.

Criminally negligent homicide is a state jail felony in Texas, which carries 180 days to two years in a state jail facility. It is less serious than manslaughter, but a conviction still means a felony record and everything that comes with it.

Does a DWI Charge Always Become Intoxication Manslaughter if Someone Dies?

If a driver was arrested for DWI and someone died in the same crash, prosecutors will almost always pursue intoxication manslaughter instead of a standard DWI charge. The evidence used to support the DWI, such as a blood alcohol reading or officer observations, becomes the foundation of the manslaughter case as well.

What Should You Do if You Are Being Investigated After a Fatal Accident in Texas?

Do not speak to law enforcement without an attorney present. After a serious accident, investigators will want to talk to the driver right away. Anything you say, even something that sounds like a simple explanation, can be used against you. Investigators are there to gather information that builds a case, not to help you.

Getting legal help immediately after a fatal accident gives you the best chance of protecting your rights before things go further.

Contact a Houston Vehicular Manslaughter Defense Attorney

Facing criminal charges after a fatal car accident is a serious situation to navigate. Attorney Doug Murphy is Board Certified in Criminal Law by the Texas Board of Legal Specialization, a distinction that reflects a high level of knowledge and courtroom experience that goes beyond a standard law license. When the stakes are this high, that level of preparation matters.

Call Murphy & McKinney Law Firm, P.C. at 713-229-8333 to talk through your situation with our Houston criminal defense lawyer today.