Can You Sue a Hit-and-Run Driver Who Killed a Pedestrian in Austin, Texas?
Losing a family member to a hit-and-run crash is devastating on every level. The grief is compounded by the fact that the person responsible fled the scene, leaving your loved one to die on an Austin street. If your family is dealing with the aftermath of a fatal pedestrian hit-and-run, the pedestrian accident lawyers at Shaw Cowart want you to know that you have legal options — whether the driver is identified or not.
Austin has a serious hit-and-run problem. Multiple pedestrians were killed in hit-and-run crashes in 2025 and the first weeks of 2026, and many of those cases remain unsolved. A hit-and-run involving serious injury or death is a felony in Texas, carrying 2 to 20 years in prison. But the criminal case is separate from the civil case, and your family’s right to seek compensation does not depend on whether the driver is ever arrested. The personal injury attorneys at Shaw Cowart have handled fatal pedestrian cases across Austin for over 34 years and understand how to pursue every available avenue of recovery for grieving families.
Pedestrian accident lawyers who handle hit-and-run cases know that time is the enemy. Surveillance footage from nearby businesses is typically overwritten within 48 to 72 hours. Physical evidence — vehicle debris, paint transfer, tire marks — is cleared from the roadway quickly. Witnesses move on with their lives and forget details. If your family has lost someone in a pedestrian hit-and-run in Austin, acting fast can mean the difference between justice and a case that goes cold.
Recent Fatal Pedestrian Hit-and-Runs in Austin
Koenig Lane — January 5, 2026
At approximately 2 a.m., 60-year-old Donna Michelle Hanson was struck and killed while walking in a marked crosswalk in the 900 block of East Koenig Lane. The driver did not stop. APD identified the vehicle as a dark-colored 1998-2000 BMW 323 with possible crash damage to the left side and a broken or taped left headlight. The vehicle was last seen traveling eastbound on Koenig Lane. As of this writing, the driver has not been found, according to KXAN.
Downtown Scooter Hit-and-Run — October 18, 2025
A scooter rider was struck at the intersection of East 11th Street and San Jacinto Boulevard at approximately 11:34 p.m. The driver fled. The victim, identified as Saadeddine, was transported to a hospital with life-threatening injuries and died the following day. APD released photos of the suspect vehicle and asked for the public’s help. This crash was Austin’s 78th fatal crash of 2025, according to CBS Austin.
South Lamar Hit-and-Run — July 1, 2025
A pedestrian was struck and killed by a vehicle in a parking lot on South Lamar Boulevard and Barton Skyway at approximately 10:15 p.m. Multiple 911 callers reported the crash. Officers found the victim with obvious trauma, and despite life-saving efforts, the individual was pronounced dead at 10:40 p.m. APD investigated this crash as a homicide — Austin’s 32nd of the year.
6th Street and I-35 Service Road — January 31, 2026
Aaron William Johnson, 38, was struck and killed at the intersection of 6th Street and the I-35 service road at 2:48 a.m. The driver fled the scene. This location sits at the boundary of Austin’s busiest nightlife district, where pedestrians cross service roads alongside highway traffic in the early morning hours.
Legal Options When the Driver Is Found
If law enforcement identifies the hit-and-run driver, your family can file a wrongful death lawsuit in civil court. This is completely separate from any criminal charges the driver faces. Under Texas Civil Practice and Remedies Code Chapter 71, the surviving spouse, children, and parents of the deceased can bring a wrongful death claim seeking compensation for loss of companionship, mental anguish, lost financial support, and funeral and burial expenses. A survival action can also be filed for the pain and suffering your loved one experienced before they died.
The criminal case does not need to result in a conviction for the civil case to succeed. The burden of proof in a civil case is lower — a preponderance of the evidence rather than beyond a reasonable doubt. Many families recover significant compensation even when criminal charges are dropped or reduced.
Legal Options When the Driver Is Never Found
Even if the driver is never identified, your family may still have a path to compensation through uninsured motorist (UM) or underinsured motorist (UIM) coverage on the victim’s own auto insurance policy. UM/UIM coverage is designed for exactly this situation — when the at-fault driver either has no insurance or cannot be found. Many people do not realize that their own auto policy can cover a pedestrian accident.
Be aware that your own insurance company is not on your side in a UM/UIM claim. They will use the same tactics any other insurer uses: delaying, undervaluing, and looking for reasons to deny. Having pedestrian accident attorneys handle the claim protects your family from being lowballed by your own carrier.
How a Lawyer Preserves Evidence in Hit-and-Run Cases
A pedestrian accident lawyer can take immediate steps that families cannot. First, a spoliation letter is sent to nearby businesses, TxDOT, and any other entity that may have surveillance footage, demanding they preserve all recordings from the time and location of the crash. Second, the lawyer can hire a private investigator to canvass the area, interview witnesses, and search for the vehicle. Third, a formal request can be made to APD for all evidence collected during their investigation, and freedom of information requests can be filed for traffic camera footage and 911 call recordings.
The two-year statute of limitations applies to both wrongful death lawsuits and personal injury claims for surviving victims. But waiting weakens your case every day. The lawyers at Shaw Cowart offer free consultations for families affected by pedestrian hit-and-runs anywhere in Austin or Travis County. If you have a legal question — call us at 512-842-7085.



