Hit-and-run in McKinney: why the report timing matters
FOX 4 reported a hit-and-run collision in McKinney on December 22, 2024. Someone was killed. We had no involvement in it and we are not going to speculate about the facts. What we can do is set out the legal questions an incident of this kind raises in Texas, because families dealing with one are usually working it out from scratch at the worst possible moment.
A claim survives even when the driver is never found
The instinct after a hit-and-run is that without a defendant there is no case. That is usually wrong, and the belief itself costs people their recovery because they never ask.
Where the recovery comes from
Uninsured motorist coverage on your own policy is built for exactly this. Texas insurers must offer it, and a rejection has to be in writing — so people who assume they do not have it frequently do.
The conditions matter. Policies typically require prompt reporting to police, and in some circumstances corroboration that another vehicle was involved. A report filed the same day protects the claim. One filed a week later invites an argument.
Investigation that often works
- Debris left at the scene, which identifies make and model with surprising precision
- Paint transfer analysis
- Business, residential and traffic camera footage along plausible escape routes
- Body shop enquiries for matching damage in the following weeks
- Toll tag and licence plate reader records, where lawfully obtainable
None of that survives long. Footage is overwritten, debris is cleared, and repairs get made.
If the driver is identified later
Recovery may shift back to their liability policy, and the interaction between that claim and your own uninsured motorist claim has rules — including the need for your carrier’s consent before settling. Getting that sequence wrong can forfeit the larger claim.
When someone does not survive
Texas limits wrongful death claims to a defined group — the surviving spouse, the children, and the parents of the person who died. They may file individually or together. Siblings cannot bring a wrongful death claim, however close they were. If no family member has filed within three months of the death, the estate’s representative may do so.
Two claims usually arise from one death. The wrongful death claim belongs to the family and covers what they lost: financial support, companionship, mental anguish, lost inheritance, household services. The survival claim belongs to the estate and covers what the person suffered before death, along with medical and funeral expenses.
Where the conduct exceeded ordinary negligence, Texas also permits exemplary damages, subject to a higher burden of proof and statutory limits.
The deadline is shorter than two years in more cases than people think
The general limitations period for a Texas personal injury suit is two years from the incident, and the same period generally governs wrongful death. That is the number everyone has heard.
The number that catches families out is the other one. Claims against a city, county, transit authority, school district or other governmental unit require formal written notice within a short statutory window, and municipal charters frequently require less — sometimes a matter of weeks. Miss it and an otherwise strong claim can be barred long before the two-year period runs.
Government involvement is not always obvious. A road defect, a work zone under public contract, a public vehicle, a transit bus, or a municipal employee running an errand all bring those rules into play. If there is any prospect of it, the matter should be assessed in the first weeks.
What families ask first
Two questions come up in almost every call. What does this cost? Most injury matters are handled on a contingency fee — nothing upfront, and no fee unless there is a recovery. How long will it take? That depends on the severity of the injuries, how clear the liability evidence is, and whether the insurer negotiates in good faith. The one thing that should not be rushed is settling before the medical picture is clear.
Reporting that prompted this post
We write about incidents reported in the local press to explain the legal questions they raise. We don’t represent anyone involved unless we say so.
Our personal injury attorneys in Garland handle matters like this every day. The case review is free.
This post is general information about Texas law, not legal advice about your situation, and reading it doesn’t make us your attorneys. Every case turns on its own facts.
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