Texas Injury Lawyers Blog
Texas leads the nation in hot car deaths.
Texas Leads in Hot Car Deaths: When Can You Sue?
According to the Texas Department of State Health Services, four children died in hot cars across Texas in just a two-week span in July 2025. These heartbreaking incidents underscore a devastating trend—Texas continues to lead the nation in hot car fatalities.
Each of these deaths is a tragic reminder of how quickly a moment of inattention or poor judgment can turn fatal. As Texas health officials warn, “no amount of time is safe” when it comes to leaving a child in a vehicle.
Hot car deaths are almost always preventable—and when someone’s negligence leads to tragedy, they can be held legally accountable. This article explains how these incidents happen, who can be held liable, and what your rights are under Texas law if a loved one is harmed.
Did You Know?
Since 1998, more than 1,010 children in the U.S. have died from heatstroke in vehicles, according to the National Highway Traffic Safety Administration.
How Do Hot Car Deaths Happen?
Children are especially vulnerable to heatstroke because their bodies heat up 3 to 5 times faster than adults. In a closed vehicle—even with the windows cracked—temperatures can rise rapidly and become deadly within minutes.
Common causes include:
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A parent or caregiver forgets the child due to stress or a change in routine
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Someone intentionally leaves a child in the car to “run a quick errand”
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A child climbs into an unlocked car without the adult’s knowledge
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Bystanders see the child in distress but fail to intervene
What Are the Legal Consequences in Texas?
Under Texas Penal Code § 22.10, it is a criminal offense to knowingly leave a child in a situation that places them at unreasonable risk of harm. If a child is injured or dies after being left in a hot car, the responsible party could face civil and criminal consequences.
Civil Liability May Apply to:
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Parents or legal guardians
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Daycare workers, babysitters, or camp staff
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School employees or transportation providers
Families may be able to file a wrongful death lawsuit or seek compensation for injuries if negligence contributed to the heatstroke incident.
Criminal Charges May Include:
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Negligent homicide
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Child endangerment
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Criminal negligence
Each case is fact-specific, and outcomes often depend on whether the responsible party had a duty of care and whether they breached it.
What Should You Do If You See a Child Left in a Hot Car?
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Call 911 immediately – Provide the vehicle location and description.
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Take action if the child appears to be in danger – Texas law protects Good Samaritans who forcibly enter a vehicle to rescue a child in distress.
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Stay on the scene – Remain with the child until emergency personnel arrive.
Acting quickly can save a life—and the law is on your side.
Lost a Loved One in a Hot Car? Call Shaw.
No parent should have to suffer the loss of a child due to someone else’s negligence. If you’ve lost a loved one in a hot car tragedy—or your child was seriously injured—you may be entitled to compensation for:
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Emergency Medical Care
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Hospital Bills
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Pain and Suffering
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Missed Work
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Wrongful Death
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And More
We will help you find out if you have a case—for free.
Call Shaw at 800-862-1260 or use our live chat to schedule your free consultation with an expert child injury attorney in Texas. There are no fees and no obligations—just the expert legal advice you need when you need it the most.
We look forward to serving you.