Texas Accident & Injury News
Changing a flat tire exposes drivers to danger from moving traffic.
Benjamin Faulk Killed in Hit-and-Run While Changing Flat Tire Along SH 172 in Jackson County
According to a KSAT News report, Benjamin Lee Faulk is dead after a tragic hit-and-run crash over Labor Day Weekend.¹
Texas DPS reported the accident happened at around 12:56 p.m. Monday, September 7th, on State Highway 172 near La Ward in Jackson County.²
Chelsea Williams, Benjamin Faulk’s girlfriend, told KSAT News the Labor Day Weekend trip to Port Lavaca was meant to test out their new trailer. But on their way back to New Braunfels, the trailer got a flat tire.
After successfully changing the tire, Chelsea said she felt a vehicle brush against her shoulder. When she realized what had happened, she looked over to her boyfriend, who was lying bleeding near the trailer.
A pickup truck and another witness stopped and called 911 while Chelsea contacted Benjamin’s parents. When first responders arrived, Benjamin was pronounced dead at the scene.
Both vehicles that had initially stopped left the scene before police arrived. Texas DPS is asking anyone who was driving by at the time for information or dashcam footage that could help identify the vehicle involved.
The investigation is ongoing.
Did You Know?
According to TxDOT data, 1 person was killed in a traffic crash across Texas every 2 hours and 7 minutes in 2024.³
How a Wrongful Death Attorney Can Help After a Fatal Hit-and-Run
When a driver leaves the scene of a fatal crash, families are left with more than grief. They’re also left to deal with an active police investigation, unanswered questions about insurance, and evidence that could disappear before the responsible driver is ever identified.
A wrongful death attorney can help with many of those issues at the same time.
Attorneys can do more than simply file lawsuits. They can conduct a separate civil investigation, preserve evidence, communicate with insurance companies, and protect the family’s legal options while police continue looking for the driver.
1. Investigating the Crash and Preserving Evidence
Hit-and-run cases often depend on evidence that may only exist for a short time.
An attorney can help identify and preserve things like:
- Dashcam footage
- Traffic or surveillance video
- Witness photographs or recordings
- Vehicle debris left at the scene
- Witness statements
- Information about where the fleeing vehicle traveled before or after the crash
This is especially important if the crash happened near businesses, gas stations, intersections, or private properties with security cameras.
Video may be automatically overwritten within days or weeks. An attorney can move quickly to identify potential footage and request that it be preserved before it disappears.
2. Working Alongside the Police Investigation
Law enforcement will continue searching for the hit-and-run driver long after the crash scene has been cleared.
A wrongful death attorney can stay in contact with investigators, help the family organize additional information, and review new evidence as it becomes available.
If the responsible vehicle is eventually identified, the attorney can also investigate the driver’s insurance coverage, ownership of the vehicle, and whether any other person or company may share responsibility.
The criminal and civil investigations serve different purposes, so one does not replace the other.
3. Finding Insurance Coverage Even If the Driver Is Never Identified
One of the most important things an attorney can do after a hit-and-run is determine what insurance coverage may be available.
Texas uninsured/underinsured motorist coverage can apply to hit-and-run accidents when the responsible driver cannot be identified. Texas insurers must offer UM/UIM coverage unless the policyholder rejects it in writing.
But figuring out which policy applies is not always obvious.
An attorney can review:
- The deceased person’s auto policy
- Household auto policies
- Policies covering vehicles involved in the trip
- Potentially applicable UM/UIM coverage
- Other available insurance
Families should not assume there is no coverage simply because their loved one was outside a vehicle or because the hit-and-run driver hasn’t been found.
4. Handling the Insurance Company
Even when coverage exists, insurance companies may dispute how much they owe or whether the policy applies at all.
A wrongful death attorney can handle those communications for the family, gather the documentation needed to support the claim, and negotiate with the insurer.
That can include documenting losses such as:
- Funeral and burial expenses
- Loss of financial support
- Loss of companionship
- Mental pain and anguish
- Other damages available under Texas wrongful death law
This can also help prevent grieving family members from having to repeatedly explain the accident and negotiate directly with adjusters while they are processing their grief.
5. Helping the Family Access Other Available Resources
A fatal hit-and-run may also qualify as a covered crime under the Texas Crime Victims’ Compensation Program. The Texas Attorney General specifically lists hit-and-run offenses among the crimes that may qualify.⁴
Depending on eligibility, the program may help with certain expenses, including funeral costs, counseling, lost wages, and loss of financial support for qualifying dependents.
An attorney can help families identify programs like this, explain if they qaulify, and understand how those benefits may impact an insurance or a wrongful death claim.
6. Pursuing a Wrongful Death Claim If the Driver Is Found
If investigators eventually identify the driver, the state may pursue criminal charges.
That criminal case is separate from the family’s wrongful death claim.
A wrongful death attorney can investigate the civil case, determine whether negligence or other wrongful conduct caused the death, and pursue compensation on behalf of eligible surviving family members.
The family generally does not have to wait for the criminal prosecution to end before taking steps to protect its civil claim.
Why Getting Legal Help Early Is Important
Families understandably may want to wait until police identify the driver before contacting an attorney.
But some of the most important evidence may disappear while the criminal investigation is still underway.
An attorney can begin preserving video, locating witnesses, reviewing insurance coverage, and protecting filing deadlines even before the hit-and-run driver is found.
That allows law enforcement to focus on identifying the driver while the family’s attorney focuses on protecting the family’s financial and legal interests.
Lost a Loved One in a Hit-and-Run Accident in Texas? Call Shaw.
If you lost a loved one in a hit-and-run accident anywhere in Texas, you don’t have to face the consequences alone.
You may be entitled to compensation for things like:
- Funeral and Burial Expenses
- Loss of Financial Support
- Loss of Companionship
- Mental Pain and Anguish
- Other Wrongful Death Damages
- And More
We’ll help you find out for free.
Call Shaw today at 800-862-1260 to talk to an experienced wrongful death attorney about your case. There are no fees, no obligations, and no pressure—just clear, compassionate legal guidance when you need it most.
We look forward to serving you.
Sources
⁴Texas Attorney General Crime Victims’ Compensation Eligibility