Jayshawn Godfrey Fatally Injured in Winnie Car Accident
Five dead, including three juveniles, in two Chambers County crashes Friday night
Jayshawn Godfrey, 19, of Houston, died Friday evening in a car crash on FM 563 south of Interstate 10 in Winnie, police said. Three other people also died in the crash, which happened around 7 p.m.
A 2005 Chrysler 300 was driving north on FM 563 when the car veered off the left side of the road, according to the Texas Department of Public Safety. The Chrysler then hit a tree.
The driver, Kara Beagle, 37, of Liberty, died at the scene, officials said. Three passengers also died at the crash site.
The passengers who died included Godfrey, a female minor, and a male minor. Authorities have not released the names of the two minors.
The Texas Department of Public Safety is investigating the crash. Troopers have not released details about what caused the car to leave the road.
FM 563 is a rural highway in Chambers County. Investigators will examine road conditions, lighting, and weather as part of the ongoing investigation.
The crash on FM 563 in Chambers County, which killed Godfrey and three others, raises questions about potential legal claims for the families of the passengers. The driver, Kara Beagle, also died in the accident. Any claims of negligence would typically be made against her estate. The Texas Department of Public Safety is investigating why the vehicle left the road. Initial reports state the vehicle "Safe driving is our civic duty. Our roads belong to everyone, and when rules are broken that cause harm to another individual, those breaking the law must be held accountable," which suggests a possible loss of control.
National Legal Analyst Gene Candice Bond, an attorney at Bond & Associates, said that when a driver's negligence causes a passenger's death, families can pursue wrongful death and survival actions. A wrongful death claim seeks money for the surviving family members' losses, such as funeral costs, loss of companionship, mental anguish, and lost earning potential. A survival action seeks damages for the pain and suffering the person experienced between the time of injury and death. In Texas, the deadline for filing wrongful death claims is generally two years from the date of death. Bond noted, "Losing someone at a busy intersection is a trauma that stays with a family forever."
The families of Godfrey and the two minor passengers should speak with an attorney specializing in wrongful death and personal injury cases. An attorney can help secure important evidence, including police reports, accident reconstruction data, and vehicle maintenance records. They can also help with filing a claim against the driver's estate and looking into insurance coverage, such as uninsured/underinsured drivers policies, if the at-fault driver's insurance is not enough or does not exist. An independent investigation may also be needed to find the cause of the accident and identify all responsible parties.
Under Tex. Civ. Prac. & Rem. Code § 71.001, surviving family members may file a wrongful death action. Texas applies modified comparative fault (51% bar). The statute of limitations is 2 years.
Recoverable damages may include loss of financial support, loss of companionship and consortium, funeral expenses, and mental anguish.