Kent Starr is a criminal defense attorney in McKinney, Texas. He has practiced criminal defense in Collin County since 1997 and takes every consultation himself. The consultation is free and confidential: (214) 982-1408.
In a significant move to combat the grave issue of drunken driving, Texas is rolling out a powerful new campaign. Effective September 1, a groundbreaking law will require drivers convicted of causing a fatal accident due to driving under the influence (DWI) to provide financial support for the victims’ children until they either turn 18 or graduate from high school. This landmark legislation marks a pivotal step towards justice for affected families, emphasizing responsibility and support for the victims’ well-being.
A man giving his testimony to a judge in a courtroom.
Providing Financial Support for Victims’ Children
The heart of the new Texas law lies in its focus on holding those responsible for fatal accidents accountable for the well-being of the victims’ children. This law mandates that convicted drivers, who have caused the death of a parent in a DWI crash, must contribute financially to the upbringing of the victims’ children. This support will extend until the children reach adulthood or complete their education, ensuring that they receive the necessary resources for a secure future.
Determining the Amount of Financial Support
The law employs a thoughtful approach in determining the financial obligation of the convicted driver. A judge will carefully assess the surviving children’s financial needs and standard of living before the tragic accident. This ensures that the financial support provided aligns with the children’s actual requirements and maintains a sense of fairness in the process.
Addressing Challenges of Payment
For drivers who may be incarcerated and unable to make immediate payments due to their imprisonment, the law takes this into account. It mandates that individuals unable to pay while in prison must fulfill their financial obligation within a year of their release. This provision aims to ensure that even if the affected child has crossed the age of 18 by that time, they still receive the support they deserve.
That court-ordered support comes out of the criminal case. The civil side is separate: in the right circumstances, a surviving spouse, children, or parents can also bring a wrongful-death action, which Kent handles through his injury practice, Starr Injury Law.
Bentley’s Law: A Precursor for Change
The concept of holding individuals accountable for fatal accidents caused by their actions gained traction with “Bentley’s Law.” Named after a 5-year-old boy who lost both parents in a crash, this law originated in Tennessee. The tragic story of Bentley’s family serves as a somber reminder of the devastating consequences of DWI accidents and highlights the urgent need for legislation to address such situations.
Voices of Advocacy and Change
A Mission to Raise Awareness
Cecilia Williams, a survivor of a crash that claimed her parents’ lives almost four decades ago, has become a prominent advocate for raising awareness about the dangers of drunk driving. She emphasizes the preventable nature of these accidents and urges individuals to reflect on the potential impact on their own families. Williams’ impassioned plea underscores the importance of responsible and cautious driving.
A Legacy of Awareness
Erin Crawford Bowers, whose grandparents were tragically killed in a DWI crash, carries their legacy forward by advocating for awareness about the dangers of drunk driving. Her personal connection to the issue drives her commitment to preventing similar tragedies. Bowers’ conviction and determination exemplify the spirit of those dedicated to fostering change.
Drive Sober, No Regrets: A Commitment to Safety
The Texas Department of Transportation’s new campaign, “Drive Sober, No Regrets,” is poised to make a powerful impact. The campaign aligns with the implementation of the new law and sends a clear message about the importance of responsible driving choices. As local and state police intensify their efforts to curb drunk driving incidents, this campaign serves as a reminder to prioritize safety on the roads.
Conclusion: A Safer Road Ahead
As Texas embarks on this transformative journey to hold those accountable for fatal DWI accidents, the new law ushers in a stronger sense of responsibility and support for victims’ families. Through the tireless efforts of advocates, the lessons learned from tragedies like Bentley’s are driving change and promoting safer roads. With the “Drive Sober, No Regrets” campaign reinforcing the importance of responsible driving, the state is taking a resolute stance against drunk driving and its devastating consequences.
If you are facing a DWI charge in McKinney, Plano, or anywhere in Collin County, Kent Starr can help. A former boxer and full-contact competitor, Kent has tried Texas criminal cases since 1997, and DWI defense is a core part of the practice. He holds an LL.M. in Taxation from the University of Denver and clerked at the Supreme Court of Arkansas and the Navajo Nation Supreme Court. Call (214) 982-1408 for a free consultation.
Frequently asked questions
- What is the purpose of the new Texas law?
- The new law aims to hold drivers accountable for fatal accidents caused by DWI, ensuring they provide financial support to the victims’ children.
- How will the amount of financial support be determined?
- A judge will assess the financial needs and standard of living of the surviving children before the accident to determine the appropriate amount.
- What happens if a driver is in prison and cannot make payments immediately?
- Drivers in prison must fulfill their financial obligation within a year of their release, regardless of whether the child is older than 18 by that time.
- How did “Bentley’s Law” influence the new Texas law?
- “Bentley’s Law,” named after a child who lost both parents in a DWI crash, highlighted the need for legislation to address such tragic situations.
- Why is raising awareness about the dangers of drunk driving important?
- Raising awareness about the dangers of drunk driving helps prevent future accidents and tragedies by encouraging responsible behavior.
- How does the “Drive Sober, No Regrets” campaign contribute to road safety?
- The campaign reinforces the importance of responsible driving choices and aligns with the new law’s goals, emphasizing safety on the roads.