In Texas, bystander recovery can be premised only upon a defendant's violation of a duty not to negligently cause emotional distress to people who observe conduct that causes harm to another. The bystander cases, beginning in California with Dillon v. Legg, 441 P.2d 912 (Cal. 1968), address the question of duty in situations in which a plaintiff seeks to recover damages as a witness to the negligent injury of another person. In Texas as well, the courts resolve the duty issue in bystander recovery cases by application of the guidelines set forth in Dillon. See Boyles v. Kerr, 855 S.W.2d 593, 598 (Tex. 1993).

The Texas Supreme Court has determined that there is no general duty to refrain from negligently inflicting emotional distress. Id. at 597 (overruling St. Elizabeth Hosp. v. Garrard, 730 S.W.2d 649 (Tex. 1987) to the extent it recognizes an independent right to recover for negligently inflicted emotional distress). The supreme court stated that "mental anguish damages should be compensated only in connection with defendant's breach of some other duty imposed by law." Boyles, 855 S.W.2d at 596. The court noted that its holding "does not affect the right of bystanders to recover emotional distress damages suffered as a result of witnessing a serious or fatal accident." Id. at 597. The court reaffirmed that the rules set forth in Dillon govern bystander recovery in Texas, and concluded that "efore a bystander may recover, he or she must establish that the defendant has negligently inflicted serious or fatal injuries on the primary victim." Id. at 598.

Therefore, you may have some chance at recovery. You need to consult with a lawyer to take your case.