This week, on March 31, 2015, a driver was arrested for intoxication manslaughter after his vehicle crashed into a local food mart, killing 1 and injuring 5 others.  The Fort Worth Star-Telegram has been covering the story here.  Certainly, there is still a lot of investigation left to do in this case, but one thing is certain: the Tarrant County DA’s office will look to file criminal charges and there will likely be personal injury civil suits that arise out of the incident.  Here is a quick look at some of the criminal and personal injury litigation that can arise out of DWI intoxication manslaughter case like this.

What criminal charges could arise out of a situation like this?

  1. First, he could be charged with Intoxication Manslaughter, a 2nd Degree Felony, which carries a range of punishment of 2 to 20 years in prison and up to a $10,000 fine if the State can prove the he was operating his vehicle while intoxicated and due to that intoxication, caused the death of another by accident or mistake.
  2. Second, he could be charged with Intoxication Assault, a 2rd Degree Felony, which carries a range of punishment of 2 to 10 years in prison and up to a $10,000 fine, if the State can prove that any of the 5 injured suffered “serious bodily injuries.”  For any charge of Intoxication Manslaughter or Assault, the State can attempt to “stack” sentences under Section 3.03 of the Texas Penal Code.
  3. Third, if the State cannot prove that intoxication caused the death or the injuries, then he could be charged with DWI, which is a Class B misdemeanor, with a range of punishment of 3-180 days and up to a $2,000 fine (it’s a Class A if the alcohol concentration is above 0.08; there is no enhancement for drugs).
  4. Fourth, he could be charged with Evading Arrest in a Vehicle, which is a 3rd Degree Felony and carries a range of punishment of 2 to 10 years in prison and up to a $10,000 fine.

What personal injury litigation could arise out of drunk driving accident situation like this?

  1. The victims of the accident could file a personal injury lawsuit against the driver of the vehicle and against the insurance company seeking full compensation for their loss (death, injuries, medical expenses, etc.)
  2. The victims of the accident could also file a personal injury lawsuit against other potential parties to the suit, depending on how the facts play out (Dram shop lawsuit? Was the driver driving a company vehicle? Was the driver acting in a work capacity during the incident? Was he being supervised? Was there anybody involved that could also be held responsible for the injuries).

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Attorney Bryan Hoeller is a Fort Worth criminal defense attorney and personal injury attorney who handles cases in criminal defense, DWI defense, and personal injury litigation.  For help with a case, call 877-208-3382.