Driver sentenced following 2023 Montrose pedestrian accident death

The driver of a vehicle that struck and killed a pedestrian in a Houston neighborhood in 2023 was sentenced on Monday to 11 years and 14 days in prison.

Fox 26 reports that, according to prosecutors, Kristina Chambers was speeding and had a blood alcohol concentration of nearly four times the legal limit when she hit Joseph McMullin just before 2:30 a.m. on Wednesday, April 19, 2023. She was found guilty of manslaughter last week.

McMullin, who was on a first date at the time, had just exited the Voodoo Doughnut at 1214 Westheimer Road in Montrose when he was struck by a Porsche Carrera driven by Chambers. As Fox 26 reported at the time, according to the woman with McMullin, Chambers lost control of the Porsche on the curve just east of Waughcrest Drive, hit the curb, and struck McMullin.

How Criminal Proceedings Affect Civil Claims Arising from Fatal Accidents

Surviving family members of a pedestrian killed in an accident may wish to pursue a civil claim against the at-fault driver. But what if authorities have filed charges against the driver? How does this affect your legal options?

When a fatal pedestrian accident leads to criminal charges – such as vehicular manslaughter, intoxication manslaughter, or reckless driving – the criminal case proceeds independently of any civil claims. A criminal case focuses on punishing the at-fault driver for violating state laws, while a civil wrongful death claim seeks financial compensation for the victim’s family. While the outcome of a criminal trial can influence the civil case, a Houston family doesn’t have to wait for the criminal matter to conclude before filing a lawsuit against the driver.

A criminal conviction can strengthen a civil claim by providing evidence of the driver’s fault or negligence. However, even if the driver is acquitted, the family can still prevail in civil court. This is because the burden of proof in a civil case is lower than the standard used in criminal cases. The family only has to prove by a preponderance of the evidence that the at-fault driver more than likely caused their loved one’s death. Prosecutors, meanwhile, must prove beyond a reasonable doubt that the driver is guilty of the charged offense. 

What’s the Deadline to File a Wrongful Death Claim in Texas? 

Texas families generally have two years from the date of a loved one’s death to file a wrongful death lawsuit. This deadline applies regardless of any ongoing criminal proceedings. If you fail to file the claim within that period, your family may lose the right to seek compensation. However, the state may extend the statutory deadline in some cases. Talk to a Houston car accident attorney to get clarification regarding your specific case.

Contact a Houston Pedestrian Accident Attorney to Discuss Your Case

If your family recently lost a loved one in a fatal accident involving a motor vehicle, you deserve the space you need to focus on grieving and healing. You shouldn’t be burdened with pursuing a claim against the person whose actions caused the accident. Consider contacting a Houston fatal pedestrian collision attorney today to discuss your legal options.