When an 80,000-pound commercial truck causes a catastrophic crash, the difference between a successful claim and a denied one often comes down to evidence. At Varghese Summersett, we conduct aggressive, technology-driven investigations that go far beyond reviewing a police report. Modern commercial trucks leave behind a trail of digital breadcrumbs that can reveal exactly what happened, second by second, in the moments before impact.

Trucking companies and their insurers begin protecting themselves within hours of a crash. They dispatch rapid response teams to secure evidence, download data, interview witnesses, and control the narrative. Without immediate action from a legal team that understands trucking technology, critical evidence can be lost, altered, or destroyed. We level the playing field by launching our own investigation just as quickly, using the same sophisticated tools and techniques.

If you or a loved one was seriously injured in a truck accident anywhere in Texas, time is not on your side. Call (817) 203-2220 for a free consultation with our truck accident lawyers.

The Black Box: Event Data Recorders and Vehicle Modules

At the heart of modern truck accident investigation is the Event Data Recorder, often called the vehicle’s “black box.” While the term may evoke images of aviation disasters, this technology has been integrated into ground vehicles for decades. General Motors first implemented a form of EDR technology in 1974 and added pre-crash data recording capabilities in 1999. Today, the National Highway Traffic Safety Administration defines an EDR as a device that records technical vehicle and occupant information for a brief period before, during, and after a crash.

In commercial trucks, crash data is captured by a suite of interconnected electronic modules. Understanding what each module records is essential to building a complete picture of what happened.

The Engine Control Module (ECM) continuously monitors and controls the engine’s performance while logging critical operational data. This is often the primary source of crash-related information, but it tells only part of the story. The Airbag Control Module (ACM) records data specifically related to crash events, particularly when airbags deploy. The Power Train Control Module (PCM) manages the interaction between the engine and transmission. The Sensing and Diagnostic Module (SDM) detects and records information from various vehicle sensors throughout the truck.

Together, these modules provide not only crash-event data but also Daily Engine Usage information, which offers a broader timeline of the driver’s activities in the hours and days leading up to the collision. Our forensic experts know how to extract data from each of these systems to reconstruct a complete, second-by-second account of the truck’s operation.

What the Black Box Records

The data captured by a truck’s electronic modules can make or break a case. Each data point serves a specific evidentiary purpose in proving negligence.

Vehicle speed data tells us exactly how fast the truck was traveling in the seconds before impact, determining whether speeding was a factor. Brake application data reveals whether and precisely when the driver applied the brakes, indicating reaction time and attempts at evasive action. Throttle position shows the percentage of accelerator pedal application, telling us whether the driver was accelerating, coasting, or attempting to slow down. Engine RPM data provides insight into gear selection and engine stress at the moment of impact.

Steering input data captures the angle of the steering wheel, revealing the driver’s attempts to avoid a collision or showing loss of vehicle control. Seatbelt status indicates whether the driver was properly restrained, which affects both injury analysis and potential contributory negligence claims. Perhaps most importantly, crash pulse data measures the change in velocity (known as Delta-V) and the force of impact, helping accident reconstruction experts determine crash severity and validate or contradict witness accounts.

This objective, electronic evidence often tells a very different story than what the truck driver reports to police at the scene. Contact our truck accident lawyers to discuss how this data could strengthen your case.

Electronic Logging Devices: Enforcing the Rules of the Road

Driver fatigue is one of the leading causes of trucking accidents. A drowsy driver operating an 18-wheeler poses risks comparable to an intoxicated one. To combat this danger, the Federal Motor Carrier Safety Administration mandates strict Hours of Service regulations, and the introduction of Electronic Logging Devices has revolutionized how compliance is tracked and proven.

The ELD mandate was congressionally required as part of the Moving Ahead for Progress in the 21st Century Act (MAP-21). An ELD synchronizes directly with the truck’s engine to automatically record driving time, making it significantly more difficult for drivers to falsify their logs the way they could with paper records.

The federal regulations governing ELDs are specific and stringent. Under 49 U.S.C. § 31137, the FMCSA was required to develop and enforce the ELD mandate. Under 49 C.F.R. § 395.30(a), both the driver and the motor carrier must ensure the accuracy of ELD records. Most critically for litigation purposes, 49 C.F.R. § 395.30(f) prohibits motor carriers from altering or erasing original Hours of Service information or the source data streams that feed into the ELD.

This last regulation is particularly powerful in litigation. When we discover that ELD data has been modified or deleted after a crash, it raises serious questions about what the trucking company was trying to hide and can result in severe sanctions from the court.

What ELD Data Reveals

ELD data creates a verifiable record of a driver’s duty status that we use to establish Hours of Service violations. The data shows precisely when a driver started their shift, how long they drove without rest, whether they exceeded the 11-hour daily driving limit, and whether they violated mandatory 30-minute break requirements.

When our investigation uncovers Hours of Service violations, we can establish that both the driver and the trucking company acted negligently. The driver violated federal law by operating while fatigued. The trucking company either pressured the driver to violate regulations or failed to monitor compliance. Both can be held liable for the resulting crash.

Telematics and GPS: The Virtual Eyewitness

Beyond federally mandated systems, most modern trucking fleets are equipped with advanced telematics systems that integrate GPS tracking, vehicle diagnostics, and communication technologies. These systems serve as a virtual eyewitness to events preceding a truck accident, providing a minute-by-minute account of a truck’s operation.

Telematics data goes far beyond the basic information captured by an EDR. Fleet management systems can reveal the exact route the truck traveled (including any unauthorized deviations), speed at every point along the journey, instances of hard braking or rapid acceleration, patterns of aggressive driving such as speeding or tailgating, vehicle diagnostic information including engine fault codes and maintenance alerts, and real-time communications between the driver and dispatch.

AI-Powered Video Telematics

The technology has evolved dramatically in recent years. Modern AI-powered video telematics systems combine vehicle data with forward-facing and driver-facing cameras, using predictive artificial intelligence to analyze video and data in real time.

These sophisticated systems can provide real-time alerts and post-incident reports on driver inattention, signs of fatigue such as eye closure or head nodding, cell phone use while driving, following too closely, and lane departure without signaling. The system doesn’t just record what happened; it actively monitors for risk factors and can alert fleet managers when dangerous behavior occurs.

This creates a critical issue for trucking companies in litigation. When a fleet management system sends a real-time alert that a driver is fatigued or distracted, the company faces a choice: intervene immediately to prevent a collision, or ignore the warning. If they ignore the warning and a crash occurs, that documented failure to act becomes powerful evidence of conscious indifference to safety, a key element in pursuing punitive damages.

Have questions about telematics evidence in your case? Call (817) 203-2220 to speak with an attorney.

Cell Phone Forensics: The Smartphone Confessional

Distracted driving by commercial operators has reached epidemic proportions. The FMCSA has found that the odds of being involved in a safety-critical event are six times greater for a commercial driver who is dialing a mobile phone. Consider what that means in practice: a driver dialing a phone takes their eyes off the road for an average of 3.8 seconds. At 55 miles per hour, that is equivalent to traveling the length of a football field completely blindfolded.

Federal regulations under 49 C.F.R. § 392.82 strictly prohibit commercial drivers from using handheld devices while operating their vehicles. Any cell phone use at the time of a crash constitutes a clear violation of federal law and strong evidence of negligence.

Proving that a driver was using their phone at the moment of a crash is often a critical component of our cases. While cell phone billing records can provide a starting point, they frequently don’t tell the whole story. Modern smartphones contain vastly more information than simple call logs. This is where cell phone forensic analysis becomes essential.

The Forensic Extraction Process

Cell phone forensic analysis is a specialized field within digital forensics that focuses on extracting and examining data from mobile devices. The process begins by creating a forensic image, which is a bit-by-bit copy of the phone’s entire contents. This preserves the evidence in its original state and allows for thorough analysis without altering the source device.

The forensic process occurs in two distinct stages. During the Extraction Stage, all data is copied from the device, including information the user may have attempted to delete. Modern forensic tools can often recover deleted text messages, call logs, photos, and app data. During the Analysis Stage, the extracted data is decoded, filtered, and examined for information relevant to the crash.

A thorough forensic analysis can reveal whether the driver was texting or making calls at the moment of impact, complete app usage history showing what applications were active, GPS location data from the phone itself (independent of the truck’s systems), deleted messages or data the driver attempted to hide, and social media activity or streaming that may have caused distraction.

The Legal Framework: The Kuraray Test

Obtaining cell phone data in litigation requires understanding the specific legal framework that governs discovery. In Texas, the Supreme Court case In re Kuraray America, Inc. established a crucial three-part test for the discovery of cell phone data.

First, the party seeking the data must allege or provide some evidence that cell phone use could have been a contributing cause of the incident. This threshold showing is required before any cell phone discovery is permitted. Second, if the first prong is met, the court may order production of data, but only for a time period narrowly tailored to when the use could have contributed to the incident. Courts will not permit fishing expeditions through months of phone records. Third, only if that initial, limited production indicates that cell phone use was actually a factor may the court consider allowing broader discovery.

Post-Kuraray cases have affirmed that a request for a data window of approximately one to two hours surrounding the time of a crash is generally considered reasonable and discoverable, provided the initial showing is made. Our attorneys understand exactly how to satisfy these requirements and obtain the cell phone evidence needed to prove distraction.

Video Evidence: The Unblinking Witness

The proliferation of cameras in commercial trucking provides an unparalleled, objective record of crash events. Even basic dash cameras that store footage locally can be invaluable, as video can often be retrieved even if the recording device is damaged in a crash.

Forward-facing cameras capture the road ahead, often recording the other vehicle’s movements, traffic signals, road conditions, and weather at the time of the collision. This footage can corroborate or contradict witness testimony and police reports.

Driver-facing cameras, while more controversial from a privacy standpoint, can be even more revealing. These cameras provide direct evidence of distracted driving, fatigue, impairment, or other negligent behaviors that would otherwise be impossible to prove. When a driver-facing camera captures someone looking down at their phone seconds before impact, no amount of testimony can overcome that evidence.

Modern video telematics systems allow trucking companies to view clips of harsh driving events within minutes, providing what manufacturers describe as “unbiased footage” to mitigate risk. When that footage shows negligent driving and the company failed to act, it becomes powerful evidence for our clients.

We also investigate video sources beyond the truck itself, including traffic cameras, surveillance footage from nearby businesses, other vehicles’ dash cameras, and residential doorbell cameras that may have captured the crash.

Infotainment Systems: Evidence From Every Vehicle

The focus on digital evidence extends beyond commercial trucks to every vehicle involved in a collision. Modern passenger vehicles are equipped with sophisticated infotainment systems that record a wealth of data about the vehicle and its driver.

These systems, connected to the vehicle’s internal computers, can track location history, trip purposes and destinations, travel times, and driver behaviors including speed, braking patterns, and steering inputs. Specialized forensic analysis of these systems, sometimes compiled into what are known as BERLA reports (named after the forensic software used to extract the data), can provide another layer of digital evidence.

This matters in truck accident cases because it allows us to document exactly what our client was doing at the time of the crash, often proving they were operating their vehicle properly when the truck driver’s negligence caused the collision.

Ready to discuss how digital evidence could help your case? Schedule a free consultation today.

The Forensic Process: From Data to Admissible Evidence

Acquiring digital data is only the first step. Transforming raw electronic information into admissible evidence requires a meticulous forensic and legal process.

Step 1: Immediate Preservation

The first and most critical step is preserving the evidence before it can be lost, altered, or destroyed. Within hours of being retained, we send spoliation letters by certified mail to the driver, the trucking company, and their insurance carrier demanding immediate preservation of the truck and all its electronic components, all EDR, ECM, and telematics data, ELD records and Hours of Service logs, driver qualification files and training records, dispatch communications and route information, maintenance and inspection records, cell phones and electronic devices, and any video footage from the truck or company systems.

In urgent cases, we seek Temporary Restraining Orders to legally compel preservation. Under Texas law, a party who destroys evidence after receiving a preservation notice can face severe sanctions, including adverse jury instructions that tell jurors they may assume the destroyed evidence was unfavorable to the defendant.

Step 2: Acquisition and Discovery

Expert forensic analysts must properly acquire the data to ensure it will be admissible in court. This often involves formal discovery requests, but experienced truck accident lawyers know that the best source of information is frequently the third-party technology provider rather than the adverse party in litigation.

Telematics companies, ELD providers, and cell phone carriers maintain their own records that may be more complete and harder to manipulate than data held by the trucking company. We know how to identify these third parties and compel production of their records.

Lawyers must be competent in the relevant technology to make specific and proper requests for Electronically Stored Information under Texas Rule of Civil Procedure 196.4. Vague or technically imprecise discovery requests allow defendants to produce incomplete data or claim they don’t understand what is being requested. Our technical knowledge ensures we get everything we need.

Step 3: Expert Analysis

Raw data must be analyzed by qualified experts to reconstruct the timeline of events. This involves synchronizing data from multiple sources, including the ECM, ACM, ELD, GPS, telematics video, and cell phone, to create a comprehensive, second-by-second picture of the driver’s actions and the vehicle’s movements.

Our accident reconstruction experts can determine exactly how fast the truck was traveling, when (or if) the driver attempted to brake, whether the driver was distracted or fatigued, and how the trucking company’s policies contributed to the crash.

Step 4: Authentication and Admissibility

Electronic evidence must be properly authenticated to be admitted in court. This typically involves demonstrating that the data came from the purported source and has not been altered since collection. For cell phone data, text messages, and emails, authentication can be accomplished through witness testimony (such as the author or recipient) or through circumstantial evidence including the content, context, and distinctive characteristics of the communication.

Our forensic experts maintain detailed chain-of-custody documentation and can testify to the integrity of the evidence we present.

Step 5: Compelling Presentation

Complex technical evidence must be presented in a way that judges and juries can understand. We work with forensic animators and visualization experts to create color-coded timelines showing the sequence of events, data graphs illustrating speed, braking, and other factors, 3D accident reconstructions, and synchronized video showing multiple camera angles alongside vehicle data.

When jurors can see the truck driver looking at their phone while traveling at 70 mph, see the moment they finally looked up and slammed on the brakes, and see that it was already too late, the evidence speaks for itself.

Advanced Driver Assistance Systems: The Future of Evidence

The same technologies used to investigate accidents are increasingly being deployed to prevent them. Advanced Driver Assistance Systems (ADAS) are becoming common in commercial trucks, offering features like automatic emergency braking, forward collision warnings, lane departure warnings, and adaptive cruise control.

Studies by the Insurance Institute for Highway Safety have shown that these systems can significantly reduce the frequency of truck-related crashes. But ADAS technology also creates new categories of evidence. When a truck equipped with automatic emergency braking fails to stop in time, we can examine whether the system was properly maintained, whether it was disabled by the driver, or whether it malfunctioned.

As these technologies continue to evolve, they will provide even richer sources of data when crashes occur. Our firm stays current on emerging trucking technology to ensure we can leverage every available source of evidence for our clients.

Multiple Parties May Be Liable

Unlike typical car accidents where only the other driver may be at fault, truck accidents often involve multiple responsible parties. Our investigation identifies every potential defendant to maximize recovery.

The truck driver may be liable for negligent operation, Hours of Service violations, distracted driving, or impairment. The trucking company may share liability through negligent hiring or retention of dangerous drivers, inadequate training or supervision, pressure to violate safety regulations, failure to maintain vehicles or monitor driver behavior, ignoring real-time safety alerts from telematics systems, or vicarious liability for their employee’s actions.

Other potentially liable parties include cargo loading companies if improper loading caused or contributed to the crash, truck and parts manufacturers if defective equipment played a role, maintenance providers if negligent repairs were a factor, and third parties whose negligence created dangerous road conditions.

How Fault Works in Texas Truck Accident Cases

Texas follows a modified comparative negligence rule. Under Texas Civil Practice and Remedies Code § 33.001, you can recover damages as long as you are not more than 50% responsible for the accident. Your recovery is reduced by your percentage of fault.

This makes thorough investigation doubly important. We must prove the truck driver’s negligence while also gathering evidence to counter any claims that you contributed to the crash. Insurance companies routinely try to shift blame to victims. The digital evidence we collect often definitively proves that our client did nothing wrong.

The Types of Compensation Available

Truck accident victims often suffer catastrophic injuries requiring extensive medical treatment, rehabilitation, and long-term care. Texas law allows recovery for both economic and non-economic damages.

Economic damages include past and future medical expenses, lost wages and reduced earning capacity, cost of medical equipment and home modifications, and other out-of-pocket costs. Non-economic damages compensate for physical pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, and loss of consortium.

In cases involving grossly negligent conduct, such as a trucking company ignoring safety alerts or pressuring drivers to violate Hours of Service regulations, punitive damages may be available. As one trucking company’s own safety training materials bluntly acknowledged, an accident showing improper cell phone use could dramatically increase the value of a case. They know what’s at stake. So do we.

Wondering what your case might be worth? Call (817) 203-2220 for a free case evaluation.

Why Insurance Companies Fear Our Investigations

Trucking companies carry substantial insurance policies, often $1 million or more. Their insurers employ teams of adjusters, investigators, and defense attorneys whose job is to minimize payouts or deny claims entirely.

What they fear most is a plaintiff’s attorney who understands trucking technology and knows how to build an airtight case. When we present ECM data showing a driver was speeding, ELD records proving Hours of Service violations, forensic cell phone analysis demonstrating distraction, AI-powered video capturing the driver looking away from the road, and telematics alerts the company ignored, settlement discussions take on a very different character.

At Varghese Summersett, our team of over 70 professionals includes attorneys, investigators, and support staff who work together to build the strongest possible cases. We have the resources and technical expertise to take on major trucking companies and their insurers. They know we are prepared to go to trial if necessary.

What to Expect From Varghese Summersett

When you hire our firm to handle your truck accident case, we immediately launch a comprehensive investigation. We send preservation letters within hours to protect critical evidence. We dispatch our team to document the crash site. We identify and subpoena data from the truck’s electronic systems, ELD providers, telematics companies, and cell phone carriers. We work with accident reconstruction experts, forensic analysts, and medical professionals to build a complete picture of what happened.

Throughout the process, you work directly with experienced truck accident attorneys, not paralegals or intake staff. We keep you informed at every stage and make ourselves available to answer your questions. We understand you’re dealing with painful injuries, emotional trauma, and financial stress. Our job is to handle the legal fight so you can focus on recovery.

We handle truck accident cases on a contingency fee basis. You pay nothing unless we recover compensation for you.

Frequently Asked Questions

How long do I have to file a truck accident lawsuit in Texas?

Under Texas Civil Practice and Remedies Code § 16.003, you generally have two years from the date of the accident to file a personal injury lawsuit. However, evidence preservation is extremely time-sensitive. Black box data can be overwritten, surveillance footage deleted, and trucks repaired or scrapped. Contact an attorney immediately to ensure critical evidence is preserved.

What is a spoliation letter and why is it important?

A spoliation letter is a formal legal notice demanding that the trucking company preserve all evidence related to the crash. Once received, the company has a legal obligation to protect the truck, its electronic data, driver records, and all other relevant evidence. Failure to preserve evidence after receiving this notice can result in severe court sanctions, including instructions to the jury that they may assume destroyed evidence was unfavorable to the defendant.

Can deleted text messages and phone data be recovered?

Yes, in many cases. Forensic analysts create a bit-by-bit copy of the phone’s contents and can often recover deleted messages, call logs, photos, and app data. Even when data appears to be deleted, traces often remain on the device. This is why immediate preservation of the driver’s phone is so critical.

What if the trucking company claims the driver was an independent contractor?

Trucking companies sometimes claim their drivers are independent contractors to avoid liability. However, Texas courts examine the actual relationship, not just labels. If the company controlled the driver’s schedule, routes, equipment, or methods, they may still be liable. Additionally, federal motor carrier safety regulations impose direct obligations on trucking companies regardless of how they classify their drivers.

How much is my truck accident case worth?

Every case is different. The value depends on the severity of your injuries, your medical expenses and lost income, the impact on your quality of life, and the strength of the evidence against the defendants. Cases involving clear violations proven by electronic evidence typically command higher settlements. During your free consultation, we can discuss the factors that will affect your potential recovery.

A Statistical Analysis of Criminal Cases in Texas 2021-2025

A Deep Dive into Court Trends, Conviction Rates, and Case Outcomes in Five Major Counties

At Varghese Summersett, we believe that understanding the criminal justice system—how it actually functions, not just how it’s supposed to function—is essential for anyone facing charges in Texas. Our criminal defense attorneys defend clients in courtrooms across the state every day, and we know the difference between jurisdictions, courts, and prosecutors. This statistical analysis of criminal cases in Texas was designed to take an objective deep dive into publicly available datasets published by the Office of Court Administration and Texas A&M University along with the Public Policy Research Institute.

This analysis examines data from Texas’s five most populous counties: Harris (Houston), Dallas, Tarrant (Fort Worth), Bexar (San Antonio), and Collin (Plano/McKinney). We’ve analyzed court activity from January 2021 through November 2025, alongside indigent defense expenditure data from 2019 to 2023.

What we found confirms what experienced defense attorneys already know: justice in Texas is highly localized. Conviction rates, case processing speeds, sentencing patterns, and resource allocation vary significantly from one jurisdiction to the next. For defendants, this means that where you’re charged can be just as important as what you’re charged with.

Caseload and Backlog Dynamics (2021-2025)

One of the most significant challenges facing Texas courts has been managing case backlogs—particularly those that accumulated during the pandemic. All five major counties have made substantial progress in reducing felony backlogs. The picture for misdemeanor courts, however, is more complicated.

Felony Caseloads: A Story of Backlog Reduction

Every county in our analysis successfully reduced its average pending felony caseload between 2021 and 2025. Harris County achieved the most dramatic reduction at 58.7%, while Tarrant County reduced its felony backlog by 55.8%.

These reductions represent thousands of cases moving through the system. For defendants, this generally means shorter wait times between arrest and resolution—though as we’ll explore later, speed isn’t always beneficial.

Table 1: Average active felony cases by year

Bexar County’s relatively modest reduction (11.4%) stands out. While Harris, Dallas, Tarrant, and Collin all cut their backlogs by 40% or more, Bexar’s felony docket remained relatively stable throughout the period.

Visit our practice area pages: Dallas Criminal Defense Lawyer, Fort Worth Criminal Defense Lawyer, Houston Criminal Defense Lawyer, Fort Bend Criminal Defense Lawyer, Denton County Criminal Defense Lawyer

Misdemeanor Caseloads: A More Complex Picture

The misdemeanor picture is more varied. While most counties reduced their backlogs—with Tarrant County achieving a remarkable 60% reduction—Dallas County’s misdemeanor caseload actually grew by over 30% during this period.

Table 2: Average active misdemeanor cases by year. Dallas County shows consistent year-over-year increases.

This divergence is significant for anyone facing misdemeanor charges in Dallas County. A growing backlog often means longer wait times, more court appearances, and extended periods of uncertainty for defendants.

Per Capita Analysis: Normalizing for Population

Raw case numbers can be misleading when comparing counties of vastly different sizes. Harris County (Houston) has a population of approximately 4.7 million, while Collin County has roughly 1.1 million residents. To accurately compare criminal justice activity, we normalized key metrics per 100,000 residents using 2023 population estimates.

Felony Metrics Per Capita

When adjusted for population, a different picture emerges. Dallas County has the highest rate of active felony cases per capita (656 per 100,000 residents), significantly higher than Harris County (405 per 100,000). Tarrant County leads in felony convictions per capita.

Table 3: Felony court metrics per 100,000 residents (2023)

Misdemeanor Metrics Per Capita

In misdemeanor courts, Collin and Dallas counties have the highest rates of pending cases per capita. Bexar County files the most new misdemeanor cases relative to its population, while Tarrant County again leads in conviction rate.

Table 4: Misdemeanor court metrics per 100,000 residents (2023)

Jury Trials and Defense Spending Per Capita

Normalizing trial rates and spending reveals which counties invest the most resources and utilize jury trials most frequently.

Table 5: Felony jury trials and indigent defense spending per capita

Collin County has the highest rate of felony jury trials per capita, contrasting with raw numbers where Harris County leads in total trials. Harris County spends nearly 3.5 times more per capita on indigent defense than Collin County—a disparity we’ll explore in the context of conviction rates.

Case Processing and Clearance Rates

Clearance rate—the ratio of cases disposed to cases filed—indicates whether a court system is keeping pace with incoming cases. A rate above 100% means the court is disposing of more cases than are being filed, thereby reducing its backlog.

Felony Clearance Rates

All five counties have maintained felony clearance rates well above 100% since 2021. Dallas County’s 2024 and 2025 rates exceeding 230% are particularly notable—indicating an aggressive push to resolve pending cases.

Table 6: Felony clearance rates by year

For defendants, high clearance rates can mean both faster resolutions and increased pressure to accept plea deals. When prosecutors are aggressively moving cases, the pressure to resolve—rather than litigate—intensifies.

Misdemeanor Clearance Rates

Misdemeanor clearance rates show more variation. Harris County’s rate has fluctuated significantly, dipping to 90.6% in 2025, which aligns with its slower backlog reduction in recent periods.

Table 7: Misdemeanor clearance rates by year

Time to Justice: How Long Cases Take to Resolve

The speed at which cases are resolved is a critical measure of court efficiency—and a major factor in the defendant experience. An analysis of case age at disposition reveals significant variations in the pace of justice across counties.

Speed of Resolution: County vs. Statewide Performance

The data shows a clear divide. Tarrant and Collin counties resolve cases much faster than the statewide average, while Harris County lags significantly behind.

Table 8: Percentage of criminal cases disposed by age, comparing counties to the statewide average

Key Observations:

Efficiency Leaders: Tarrant and Collin counties are the most efficient, disposing of roughly 60% of their criminal cases within six months—approximately 10 percentage points faster than the statewide average.

The Harris County Backlog: Harris County is a significant outlier. Only 40% of its cases are resolved within six months, and nearly a third of disposed cases are more than a year old.

Dallas County’s Aged Cases: Over 35% of Dallas County dispositions involve cases pending for more than a year, well above the state average of 26%.

For defendants, these timelines have real consequences. Extended case pendency means prolonged uncertainty, ongoing bail conditions, potential employment difficulties, and continued legal expenses.

Conviction Rates: Where You’re Charged Matters

Perhaps the most striking finding in this analysis is the persistent disparity in conviction rates between counties. These differences have remained remarkably stable over the five-year period, suggesting they reflect fundamental differences in prosecutorial approach, court culture, or resource allocation rather than temporary fluctuations.

Felony Conviction Rates

Tarrant County consistently posts the highest felony conviction rates among the five counties, hovering near 79% in recent years. Harris County, despite being the state’s largest jurisdiction, maintains the lowest overall felony conviction rate at approximately 55%. This 24-percentage-point gap represents a significant difference in outcomes for defendants facing similar charges.

Table 9: Felony conviction rates by year

Misdemeanor Conviction Rates

Collin County’s misdemeanor conviction rate is consistently the highest—often by a wide margin—reaching 65% in 2025. Harris County’s rate remains the lowest at approximately 31%.

Table 10: Misdemeanor conviction rates by year

Offense-Specific Analysis: Not All Cases Are Created Equal

Aggregate statistics tell only part of the story. When we examine specific offense categories, we see that county-wide trends often mask significant variations in how different types of cases are handled.

Violent Felony Caseloads

Harris and Dallas counties carry the largest active caseloads for violent offenses, which is expected given their population. The table below shows average pending cases for major violent felony categories from 2023-2025.

Table 11: Average active violent felony cases, 2023–2025

Changes in Violent Crime Backlogs (2021 vs. 2025)

Examining the change in backlogs for specific offenses reveals divergent patterns:

Harris County achieved major reductions in violent crime backlogs, including a 65.2% decrease in pending Family Violence Assault cases and a 48.7% decrease in Aggravated Assault cases.

Dallas County shows a notable and concerning divergence. While its overall felony backlog decreased, the number of pending Family Violence and Sexual Assault cases increased dramatically—163.7% and 175.3% respectively. This means victims of these crimes in Dallas County are waiting longer for resolution, and defendants face extended periods of uncertainty.

Tarrant, Bexar, and Collin counties generally saw reductions across most violent crime categories.

Conviction Rates by Offense Type

Conviction rates vary dramatically not just by county but by the type of offense. Murder cases consistently see high conviction rates across all jurisdictions—typically 70% or higher. However, rates for Aggravated Assault and Sexual Assault cases show much wider variation.

Table 12: Average felony conviction rates for select offenses, 2023–2025

Tarrant County’s conviction rates for aggravated assault (62.0%) and sexual assault (50.7%) are notably higher than other jurisdictions. Collin County, despite its high overall conviction rate, has the lowest conviction rate for sexual assault cases (27.2%).

Misdemeanor Case Distribution

The composition of misdemeanor dockets also differs by county. Theft and DWI cases represent a large portion of the caseload in most jurisdictions.

Table 13: Average active misdemeanor cases by offense type, 2023–2025

Notable here is the variation in marijuana possession cases. Tarrant County (916) and Collin County (736) have significantly more pending marijuana cases than Harris County (210), despite Harris County’s much larger population. This suggests different enforcement and prosecution priorities.

Sentencing Patterns: Incarceration vs. Community Supervision

An examination of sentencing data reveals fundamental differences in how justice is administered across jurisdictions, with wide disparities in the use of incarceration versus community supervision.

Table 14: Comparison of sentences involving incarceration vs. community supervision

Key Observations:

Incarceration-Heavy Counties: Collin and Dallas counties have the highest incarceration rates, sentencing a significantly larger percentage of defendants to prison or state jail compared to the statewide average. In Collin County, 60% of sentences result in incarceration.

Community Supervision Leaders: Harris and Tarrant counties rely most heavily on community supervision, with around 60% of their sentences involving probation or deferred adjudication—well above the state average of 48%.

Bexar County’s Unique Pattern: Bexar County has the lowest rate of both incarceration (40%) and community supervision (28%) among the major counties, suggesting a greater reliance on other disposition types.

Indigent Defense Funding: The Resource Gap

The resources allocated to indigent defense—legal representation for those who cannot afford an attorney—vary dramatically across Texas counties. This variation correlates with meaningful differences in case outcomes.

Cost Per Case

The gap between Harris and Dallas counties is particularly striking. Harris County spends over $1,100 per felony case on indigent defense; Dallas County spends approximately $378—less than one-third as much.

Table 15: Cost per case comparison, Harris vs. Dallas counties

The Spending-Conviction Correlation

Our analysis reveals a consistent pattern: counties that spend more per case on indigent defense tend to have lower conviction rates. Harris County, which leads in per-case felony defense spending, also has the lowest felony conviction rate. Conversely, counties with more moderate per-case expenditures tend to have higher conviction rates.

This correlation does not establish causation—there are many variables at play. However, it does underscore the importance of adequate defense resources in the criminal justice system. When defense attorneys have more resources to investigate cases, hire experts, and prepare for trial, outcomes tend to be more favorable for defendants.

What This Means for Defendants

If you’re facing criminal charges in Texas, this data highlights several critical realities:

Location matters significantly. The same charge can result in dramatically different outcomes depending on which county prosecutes your case. A felony defendant in Tarrant County faces a 79% conviction rate; the same defendant in Harris County faces a 55% rate. That 24-point difference is substantial.

Speed varies widely. If you’re charged in Tarrant or Collin County, there’s a 60% chance your case will be resolved within six months. In Harris County, that drops to 40%, with a third of cases taking over a year.

Sentencing philosophy differs by jurisdiction. A conviction in Collin County is more likely to result in incarceration (60%) than one in Harris County (42%). Tarrant County balances high conviction rates with high rates of community supervision.

Experience in local courts is invaluable. An attorney who understands the specific tendencies, policies, and culture of the courts where your case will be heard has a meaningful advantage. At Varghese Summersett, our Fort Worth criminal defense attorneys appear in Tarrant, Dallas, and surrounding county courtrooms daily, giving us insight into local practices that general statistics cannot capture.

Aggregate statistics don’t predict individual outcomes. While county-wide conviction rates provide useful context, every case is unique. A skilled defense attorney examines the specific facts, evidence, and circumstances of your case—not just the statistical averages.

Conclusion

This analysis of nearly five years of Texas court data reveals a criminal justice system that is highly variable across jurisdictions. While all five major counties have made progress reducing felony backlogs, significant disparities persist in conviction rates, case processing times, sentencing patterns, and resource allocation.

The data shows that:

Tarrant County resolves cases fastest but has the highest felony conviction rate. Collin County has the highest incarceration rate and misdemeanor conviction rate. Harris County moves slowest but has the lowest conviction rates and highest community supervision rate. Dallas County’s misdemeanor backlog continues to grow while certain violent felony backlogs have increased dramatically.

For anyone facing criminal charges, these differences underscore the importance of working with defense counsel who understand not just the law, but the specific courts and prosecutors handling your case. At Varghese Summersett, our team of former prosecutors and board-certified criminal defense attorneys brings that localized expertise to every case we handle.

If you or a loved one is facing criminal charges in Tarrant County, Dallas, or anywhere in Texas, contact our office for a consultation. Understanding the system is the first step toward the best possible outcome.

Methodology and Data Sources

This analysis is based on publicly available data from the Texas Office of Court Administration and the Texas Indigent Defense Commission. Court activity data covers January 2021 through November 2025. Indigent defense expenditure data covers fiscal years 2019 through 2023. Population data uses 2023 estimates from the Texas Demographic Center.

Important limitations: Case categories are broad (“felony” and “misdemeanor”) and mask variations in complexity. Disposition data does not provide context for outcomes—dismissals, for example, can occur for many reasons including witness issues, evidence problems, or successful completion of diversion programs. Sentencing percentages may not total 100% due to other disposition types not captured in the primary categories.

Can You File a Wrongful Death Lawsuit After a Drunk Driving Death in Fort Bend County?

Yes. If you lost a loved one to a drunk driver in Fort Bend County, you have the legal right to file a wrongful death lawsuit against the person who killed them. This civil claim is completely separate from any criminal charges the driver may face. Even if the driver is charged with intoxication manslaughter, you can still pursue financial compensation for your family’s devastating loss.

A wrongful death lawsuit allows surviving family members to hold the drunk driver financially accountable. In some cases, you may also have claims against bars, restaurants, or social hosts who served alcohol to the driver before the crash. These civil cases can provide compensation for funeral costs, lost income, and the profound grief of losing someone you love.

We understand that no amount of money can bring back your loved one. But a wrongful death claim can ease the financial burden your family now faces and ensure the person responsible is held accountable beyond what the criminal justice system provides.

If your family is grieving after a drunk driving death in Fort Bend County, our attorneys can help you understand your legal options. Call us today for a free consultation.

The Prosecutor Is Not Your Attorney

This is one of the most important things families need to understand after losing a loved one to a drunk driver. When the Fort Bend County District Attorney’s Office files intoxication manslaughter charges, they are not representing you. They represent the State of Texas.

The prosecutor’s job is to prove the defendant broke the law and to seek punishment on behalf of society. Their goal is a conviction, not compensation for your family. They are not required to consult you about plea deals. They don’t have to take the case to trial if you want them to. They don’t owe you updates or explanations. You are a witness in their case, not their client.

This can feel deeply frustrating. You may want the prosecutor to fight harder, reject a plea offer, or pursue maximum penalties. But you have no control over those decisions. The criminal justice system was designed to punish wrongdoing and protect the public. It was not designed to make victims whole.

What the Criminal Case Cannot Do for You

Even if the drunk driver is convicted of intoxication manslaughter and sentenced to 20 years in prison, the criminal case will not:

• Pay for your loved one’s funeral
• Replace the income your family depended on
• Compensate you for your grief, trauma, or loss of companionship
• Cover the medical bills from your loved one’s final hours
• Provide financial security for children who lost a parent

Restitution is sometimes ordered in criminal cases, but it’s limited to direct, documented expenses and is notoriously difficult to collect. It comes nowhere close to the full compensation available through a civil wrongful death lawsuit.

A wrongful death lawsuit is your case. You control it. You decide whether to settle or go to trial. You determine what justice looks like for your family.

How Is a Wrongful Death Claim Different From Intoxication Manslaughter Charges?

Many families don’t realize that criminal charges and civil lawsuits are two completely different legal processes with different purposes, different standards, and different outcomes.

Criminal Case: The State vs. The Drunk Driver

When a drunk driver kills someone in Texas, the state can file criminal charges for intoxication manslaughter under Texas Penal Code § 49.08. This is a second-degree felony punishable by 2 to 20 years in prison and fines up to $10,000. The Fort Bend County District Attorney’s Office prosecutes these cases on behalf of the State of Texas, not on behalf of your family.

You have the right to be notified about major developments in the case. You may be asked to provide a victim impact statement. But you don’t get to decide whether charges are filed, what plea offers are made, or whether the case goes to trial. Prosecutors make those decisions based on their assessment of the evidence, their caseload, and their judgment about what serves the public interest.

Civil Case: Your Family vs. The Drunk Driver

A wrongful death lawsuit is your family’s case. You control it. Under Texas Civil Practice and Remedies Code Chapter 71, surviving family members can sue the drunk driver directly for the harm their actions caused. You hire your own attorney. You decide whether to accept a settlement or go to trial. The goal is compensation for your loss, not punishment for the defendant.

The burden of proof is also different. While prosecutors must prove criminal guilt “beyond a reasonable doubt,” you only need to prove civil liability by a “preponderance of the evidence.” This means showing it’s more likely than not that the driver caused your loved one’s death. This lower standard means families can win wrongful death lawsuits even when criminal cases result in acquittals or reduced charges.

What Must Be Proven in a Wrongful Death Lawsuit?

To win a wrongful death case after a drunk driving crash, your attorney must prove four legal elements. These elements establish that the defendant’s negligence caused your loved one’s death and that your family suffered damages as a result.

Element 1: Duty of Care

The first element requires showing that the defendant owed your loved one a legal duty of care. Every driver on Texas roads has a duty to operate their vehicle safely and follow traffic laws. This includes the duty not to drive while intoxicated. This element is straightforward in drunk driving cases because all motorists owe this duty to everyone else on the road.

Element 2: Breach of Duty

The second element requires proving the defendant breached their duty of care. Driving with a blood alcohol concentration of 0.08% or higher is a breach of the duty to drive safely. So is driving while impaired by alcohol to any degree that affects normal use of mental or physical faculties. Evidence of breach typically includes blood or breath test results, officer observations, field sobriety test performance, witness testimony about the driver’s behavior, and toxicology reports.

Element 3: Causation

The third element requires proving the defendant’s breach of duty caused your loved one’s death. This has two parts. First, you must show “cause in fact,” meaning your loved one would not have died but for the defendant’s intoxicated driving. Second, you must show “proximate cause,” meaning the death was a foreseeable result of driving drunk. In most drunk driving fatality cases, causation is clear. The intoxicated driver caused a crash, and someone died as a result.

Element 4: Damages

The fourth element requires proving your family suffered actual damages because of your loved one’s death. This includes economic damages like funeral expenses, medical bills, and lost income. It also includes non-economic damages like mental anguish, loss of companionship, and loss of guidance. Documenting these damages thoroughly is essential to maximizing your recovery.

How Negligence Per Se Strengthens Your Case

Texas recognizes a legal doctrine called “negligence per se” that can make drunk driving wrongful death cases easier to prove. When a defendant violates a statute designed to protect public safety (like laws against drunk driving), and that violation causes the type of harm the statute was meant to prevent (like a fatal crash), the defendant is presumed negligent.

This means if the drunk driver was arrested with a BAC over 0.08% or was convicted of intoxication manslaughter, you may not need to independently prove they were negligent. Their violation of Texas drunk driving laws establishes negligence as a matter of law. Your attorney still needs to prove causation and damages, but the negligence element is significantly easier to establish.

Who Can File a Wrongful Death Lawsuit in Texas?

Texas law limits who can bring a wrongful death claim. Under the Texas Wrongful Death Act, only certain family members have the legal right to sue.

Eligible family members include:

• The surviving spouse of the deceased
• Children of the deceased (including adopted children)
• Parents of the deceased

Any of these family members can file a lawsuit individually or together. If no eligible family member files a claim within three months of the death, the executor or administrator of the deceased person’s estate may file on behalf of all eligible family members.

Siblings, grandparents, aunts, uncles, and other relatives generally cannot file wrongful death claims in Texas, even if they were very close to the deceased. This can be heartbreaking for families with non-traditional structures, but these are the boundaries Texas law sets.

What Happens When a Child Has the Right to Bring a Wrongful Death Claim?

When a drunk driver kills a parent, the surviving children have the legal right to file a wrongful death lawsuit. But minor children cannot file lawsuits on their own behalf. Texas law requires an adult to act for them.

How a Minor’s Claim Is Filed

A parent or legal guardian typically files the wrongful death lawsuit on behalf of a minor child. If both parents are deceased, a court-appointed guardian or “next friend” can file the lawsuit for the child. A “next friend” is an adult who acts in the child’s best interest in legal proceedings.

The court closely supervises cases involving minor children to protect their interests. Any settlement must be approved by the court to ensure it’s fair and in the child’s best interest. Settlement funds for minors are typically placed in a trust or structured settlement that the child can access when they reach adulthood.

Special Considerations for Children’s Claims

Children’s wrongful death claims often involve substantial damages because of the long-term impact of losing a parent. A child who loses a mother or father at age 5 will spend decades without parental guidance, support, and love. Courts recognize this when valuing claims for loss of parental consortium.

Texas also has special statute of limitations rules for minors. While adults generally have two years to file a wrongful death claim, a minor’s deadline may be extended. The clock typically doesn’t start running until the child turns 18, though there are exceptions and complications. This protection exists because children cannot be expected to understand or protect their own legal rights.

Our attorneys have represented children who lost parents to drunk drivers. We work with guardians, financial advisors, and the court to ensure minor children receive full compensation and that their funds are protected until they’re old enough to manage them responsibly.

When Multiple Family Members Have Claims

In many drunk driving death cases, multiple family members have the right to file claims. A surviving spouse and children may all have separate claims. Parents of the deceased may also have claims. These claims can be filed together in a single lawsuit or separately.

When minor children and adult family members both have claims, coordination is essential. Our attorneys work to ensure that settlements or verdicts are structured fairly so that children’s interests are protected while also addressing the needs of surviving spouses or other family members.

What Compensation Can You Recover in a Fort Bend County Wrongful Death Case?

A wrongful death lawsuit seeks to compensate your family for both the financial and emotional losses caused by your loved one’s death. Texas allows recovery for several types of damages.

Economic Damages

These cover the financial losses your family has suffered and will continue to suffer:

• Funeral and burial expenses: The costs of laying your loved one to rest
• Medical bills: Any emergency treatment or hospital care before death
• Lost earning capacity: The income your loved one would have earned over their lifetime
• Lost benefits: Health insurance, retirement contributions, and other employment benefits
• Loss of inheritance: The money or assets you would have inherited if your loved one had lived a full life
• Loss of services: The value of household tasks, childcare, and other contributions your loved one provided

Non-Economic Damages

These address the emotional and relational losses that are harder to quantify but equally real:

• Mental anguish: The emotional suffering family members experience
• Loss of companionship: The relationship, guidance, and presence you’ve lost
• Loss of consortium: For spouses, the loss of the marital relationship
• Loss of parental guidance: For children who’ve lost a parent

Exemplary (Punitive) Damages

In drunk driving wrongful death cases, Texas courts may award exemplary damages to punish the defendant for their reckless conduct. Choosing to drive while intoxicated shows a conscious disregard for human life. Courts recognize this and often allow punitive damages to send a message that such behavior will not be tolerated.

Can You Sue a Bar or Restaurant After a Drunk Driving Death?

Yes, in certain circumstances. Texas has what’s called a “Dram Shop” law that allows victims to sue alcohol providers who contributed to a drunk driving crash.

Under Texas Alcoholic Beverage Code § 2.02, you can hold a bar, restaurant, or other alcohol seller liable if they served alcohol to a person who was “obviously intoxicated to the extent that he presented a clear danger to himself and others.” The establishment must have been aware of the intoxication at the time of service.

Fort Bend County has a thriving restaurant and nightlife scene in areas like Sugar Land, Missouri City, and Richmond. When bars and restaurants over-serve patrons who then get behind the wheel and kill someone, they share responsibility for that death.

What You Need to Prove in a Dram Shop Case

Dram shop cases require proving specific elements:

• The establishment sold or served alcohol to the driver
• The driver was obviously intoxicated at the time of service
• The intoxication was a proximate cause of the crash and death

Gathering this evidence requires quick action. Surveillance footage gets deleted. Witnesses’ memories fade. Credit card and bar tab records can disappear. If you believe a bar or restaurant contributed to your loved one’s death, contacting an attorney immediately is essential.

Social Host Liability in Texas

Texas law treats social hosts differently than commercial establishments. Generally, adults who serve alcohol at private parties are not liable if a guest drives drunk and kills someone. There is one major exception: if a host serves alcohol to a minor (someone under 21), and that minor causes a drunk driving death, the host can be held liable under Texas Alcoholic Beverage Code § 2.02(c).

How Long Do You Have to File a Wrongful Death Lawsuit in Texas?

Texas law gives you two years from the date of your loved one’s death to file a wrongful death lawsuit. This deadline, called the statute of limitations, is strict. If you miss it, you lose your right to sue forever.

Two years might seem like a long time when you’re in the immediate aftermath of losing someone. But between funeral arrangements, dealing with your loved one’s affairs, and trying to help your family cope, time passes quickly. Insurance companies know this. They may delay, hoping you’ll miss your deadline or become too exhausted to fight.

Starting the legal process early also helps preserve evidence. Accident scene conditions change. Vehicles get repaired or scrapped. Witnesses relocate. Phone records and surveillance footage get deleted. The sooner your attorney can begin investigating, the stronger your case will be.

Remember that special rules may apply when minor children have claims. While the statute of limitations for adults is generally two years, minors may have additional time. However, waiting until a child turns 18 to file can make evidence much harder to obtain. The better approach is usually to file promptly with an adult acting on the child’s behalf.

What Happens If the Criminal Case Is Still Pending?

You don’t have to wait for the criminal case to finish before filing your wrongful death lawsuit. In fact, there are strategic reasons to move forward with your civil case while the criminal prosecution is ongoing.

Remember, the prosecutor handling the criminal case is not your lawyer. They may make decisions you disagree with. They may accept a plea deal you think is too lenient. They may decline to take the case to trial. Your wrongful death lawsuit gives you an avenue for accountability that doesn’t depend on what the prosecutor decides to do.

That said, many families choose to wait and see what happens in the criminal case first. A criminal conviction can be powerful evidence in your civil lawsuit. If a jury finds the driver guilty of intoxication manslaughter beyond a reasonable doubt, proving civil liability becomes much easier because of the negligence per se doctrine.

The criminal case can also reveal evidence through discovery that helps your civil case. Police reports, toxicology results, witness statements, and accident reconstruction findings from the criminal investigation can all support your wrongful death claim.

Our attorneys can advise you on the best timing strategy for your specific situation. We coordinate with prosecutors when appropriate and monitor the criminal case closely to protect your family’s interests, even though we understand the prosecutor’s priorities may differ from yours.

What If the Drunk Driver Has No Money or Insurance?

This is a common concern for families. Winning a wrongful death lawsuit doesn’t help if the defendant can’t pay the judgment. Our attorneys thoroughly investigate all potential sources of recovery before recommending whether to pursue a case.

Potential sources of compensation include:

• Auto insurance: The driver’s liability coverage, which in Texas must be at least $30,000 per person
• Umbrella or excess policies: Additional coverage the driver may have
• Employer liability: If the driver was working at the time of the crash
• Dram shop claims: Bars and restaurants typically carry significant liability insurance
• Your own uninsured/underinsured motorist coverage: Your policy may cover the gap
• Personal assets: Property, savings, or other assets the driver owns

In one Fort Bend County case, the drunk driver who killed our client’s mother had only minimum insurance coverage. But our investigation revealed he was driving home from a work event where his employer had provided alcohol. We pursued a claim against the employer and recovered substantial compensation that the driver alone could never have paid.

What to Do After Losing a Loved One to a Drunk Driver

The weeks and months after losing a family member are overwhelming. While your primary focus should be on grieving and taking care of yourself and your family, there are steps you can take to protect your legal rights.

Preserve Evidence

Keep copies of the police report, any photographs from the scene, and your loved one’s personal effects. Don’t repair or dispose of any damaged property. If your loved one had a phone, preserve it. These items may contain important evidence.

Document Everything

Keep records of all expenses related to your loved one’s death, including medical bills, funeral costs, and time you’ve missed from work. Write down your memories of your relationship and how the loss has affected your daily life. These notes will help your attorney understand the full impact of your loss.

Be Careful What You Say

Insurance adjusters may contact you soon after the crash. They may seem sympathetic, but their job is to minimize what the insurance company pays. Don’t give recorded statements or sign any documents without talking to an attorney first. You’re not required to speak with them, and doing so rarely helps your case.

Understand Your Role in the Criminal Case

You may receive notifications from the Fort Bend County District Attorney’s Office about the criminal case. You may be asked to provide a victim impact statement or testify as a witness. While participating in the criminal process can feel meaningful, remember that the prosecutor represents the state, not you. Their decisions about charges, plea offers, and sentencing recommendations are theirs to make. If you want an attorney who answers to you and fights for your family’s interests specifically, you need to hire a civil attorney to file a wrongful death lawsuit.

Contact an Attorney

A wrongful death attorney can take the legal burden off your shoulders while you focus on healing. We can deal with insurance companies, investigate the crash, and build your case while you take care of your family.

Why Varghese Summersett Is the Right Choice for Your Wrongful Death Case

Not every law firm is equipped to handle a wrongful death case after a drunk driving death. These cases require a unique combination of skills: the ability to prove negligence in civil court, deep knowledge of intoxication cases, and the resources to take on insurance companies and go to trial if necessary. At Varghese Summersett, we bring all of this to every case we handle.

Unmatched Experience in Intoxication Cases

Our attorneys have handled more intoxication-related trials than most law firms in Texas. We have spent years in courtrooms across the state proving and defending DWI, DWI with child passenger, intoxication assault, and intoxication manslaughter cases. This experience gives us an intimate understanding of how these cases work, from the science of blood alcohol testing to the procedures police must follow during investigations.

We know what evidence matters in intoxication cases. We understand how to interpret toxicology reports, challenge flawed blood draws, and use accident reconstruction to prove exactly what happened. When we walk into a courtroom or a settlement negotiation, the other side knows we have the knowledge and experience to back up every claim we make.

Former Prosecutors Who Know How to Prove Cases

Several of our attorneys are former prosecutors who spent years on the other side of the courtroom. We didn’t just handle intoxication cases; we tried them. We presented evidence to juries and secured convictions. We know what it takes to prove a case beyond a reasonable doubt, the highest standard in the American legal system.

Why does this matter for your civil case? Because if we can prove a case beyond a reasonable doubt, we can certainly prove it by a preponderance of the evidence, the lower standard used in civil court. Our background as prosecutors means we build cases that are airtight. We gather evidence the way we would if we had to convince a jury that someone was guilty of a crime. When insurance companies see the strength of our cases, they understand we’re prepared to win at trial if they don’t offer fair compensation.

Our prosecutorial experience also helps us understand what’s happening in the criminal case against the drunk driver. We can anticipate how the prosecution will proceed, what evidence they’ll rely on, and how the criminal case might affect your civil claim. This insight allows us to coordinate strategy in ways that other firms simply cannot.

A Personal Injury Team That Has Recovered Millions for Texans

While our criminal law expertise sets us apart, our personal injury team has the skills and track record to maximize your recovery. We have recovered millions of dollars for Texas families in wrongful death cases, car accidents, truck accidents, and other serious injury claims.

We don’t just file lawsuits and hope for the best. We investigate every potential source of recovery. We work with accident reconstructionists, medical experts, economists, and life care planners to document the full extent of your loss. We calculate not just what your family has lost today, but what you’ll lose over decades without your loved one’s income, guidance, and presence.

Insurance companies know which firms will fight and which will accept lowball offers. They know we have the resources to take cases to trial and the courtroom experience to win. This reputation means we often secure better settlements without ever stepping into a courtroom, because the other side knows what will happen if we do.

A Team of Over 70 Legal Professionals

Varghese Summersett is not a small operation. We have a team of over 70 attorneys and legal professionals across offices in Fort Worth, Dallas, Houston, and Southlake. This means we have the resources to handle complex cases that smaller firms cannot. We can dedicate investigators, paralegals, and attorneys to your case without cutting corners.

Our size also means we can absorb the costs of litigation. Wrongful death cases require expert witnesses, accident reconstruction, medical records analysis, and sometimes years of legal work before resolution. We advance all of these costs and only get paid if we recover compensation for your family.

We Understand What You’re Going Through

Beyond our legal credentials, we approach every wrongful death case with compassion. We know you’re not just a case number. You’ve lost someone you love to a senseless, preventable tragedy. You’re grieving while also trying to figure out how to pay bills, take care of your family, and find some measure of justice.

When you work with Varghese Summersett, you’ll have attorneys who listen to your story, answer your questions, and keep you informed every step of the way. We’ll handle the legal battle so you can focus on healing and taking care of your family.

Frequently Asked Questions About Wrongful Death Claims After Drunk Driving Deaths

How much is a wrongful death case worth in Texas?

Every case is different. The value depends on factors like your loved one’s age and earning capacity, the strength of the evidence, and the available insurance coverage. Cases involving young, high-earning victims with clear liability and significant insurance coverage are worth more than cases with older victims, disputed liability, or minimal coverage. Our attorneys can evaluate your specific situation and give you a realistic assessment of potential recovery.

Can I still sue if the drunk driver was killed in the crash?

Yes. You can file a wrongful death claim against the drunk driver’s estate. Their auto insurance policy will still provide coverage, and any assets in their estate may be available to satisfy a judgment.

What if I was a passenger in the drunk driver’s car?

You still have the right to file a wrongful death claim. Passengers are innocent victims, and Texas law protects their right to seek compensation even when the crash was caused by the driver they were riding with.

Why can’t the prosecutor get me compensation?

The prosecutor represents the State of Texas, not you or your family. Their job is to prove the defendant committed a crime and seek appropriate punishment. While restitution is sometimes ordered in criminal cases, it’s limited and difficult to collect. A wrongful death lawsuit is the legal process designed to compensate victims’ families.

My child lost their father. How do I file a lawsuit for them?

As the child’s parent or legal guardian, you can file a wrongful death lawsuit on their behalf. The court will oversee the case to protect your child’s interests, and any settlement must be approved by a judge. Settlement funds for minors are typically placed in a protected account or structured settlement.

Do I need an attorney to file a wrongful death lawsuit?

While you’re legally allowed to represent yourself, wrongful death cases are complex. They involve investigating the crash, proving the four elements of negligence, identifying all liable parties, calculating damages, negotiating with multiple insurance companies, and potentially going to trial. Insurance companies take unrepresented families less seriously and typically offer lower settlements. An experienced attorney significantly increases both your chances of success and the amount you recover.

How long will the case take?

Most wrongful death cases in Fort Bend County take one to three years from filing to resolution. Cases that settle without trial resolve faster than those that go to court. Complex cases with multiple defendants or disputed liability take longer. We keep our clients informed throughout the process and work efficiently while never sacrificing the quality of your case for speed.

Get Help From Our Experienced Texas Wrongful Death Attorneys

Losing a loved one to a drunk driver leaves you with grief, anger, and a thousand questions. The criminal justice system may bring some accountability, but the prosecutor works for the state, not for you. If you want an attorney who answers to your family and fights for your interests, you need to file a wrongful death lawsuit.

At Varghese Summersett, we combine what other firms cannot: extensive trial experience in intoxication cases, the prosecutorial background to build cases at the highest burden of proof, and a personal injury team that has recovered millions for Texas families. We have the resources, knowledge, and dedication to hold drunk drivers and those who enabled them fully accountable.

We handle wrongful death cases on a contingency fee basis, meaning you pay nothing unless we recover compensation for your family. We advance all costs of litigation. You owe us nothing if we don’t win.

Your free consultation is a chance to get answers and understand your options. There’s no obligation, no pressure, and no cost. We just want to help you understand what your family can do next.

Call (281) 805-2220 today to speak with a wrongful death attorney who will listen to your story and fight for your family.

Texas Auto Insurance Requirements

Texas law requires all drivers to carry minimum liability insurance, but here’s what most people don’t realize until it’s too late: the state minimum of 30/60/25 often leaves accident victims tens of thousands of dollars short of covering their actual losses. If you’ve been seriously injured by an underinsured driver, or you’re wondering whether your own coverage will protect your family, understanding these numbers could be the most important financial decision you make this year.

At Varghese Summersett, our personal injury attorneys have seen countless clients suffer devastating injuries only to discover the at-fault driver carried the bare minimum coverage. We’ve also helped clients navigate the complex process of recovering compensation through their own underinsured motorist policies. This guide explains what Texas requires, why it’s not enough, and how to actually protect yourself.

If you’ve been injured in a car accident and are dealing with insurance issues, call our team at (817) 203-2220 for a free consultation.

Minimum Car Insurance Texas

Under Texas Transportation Code § 601.072, every driver must carry liability insurance with at least these minimum limits:

$30,000 for bodily injury per person
$60,000 for total bodily injury per accident (when multiple people are hurt)
$25,000 for property damage per accident

This is commonly written as “30/60/25” coverage. You’ll see it on your insurance declarations page and in policy documents. Texas has required this coverage since 2008, when the minimums increased from the previous 20/40/15 standard.

These amounts represent the maximum your liability insurance will pay if you cause an accident that injures someone else or damages their property. Once you hit that ceiling, you’re personally responsible for any remaining costs.

What Does Liability Coverage Actually Pay For?

Liability coverage protects other people when you’re at fault in an accident. It pays for the other driver’s medical bills, lost wages, pain and suffering, and vehicle repairs. It does not pay for your own injuries or damage to your own car.

Here’s how those limits work in practice. Say you run a red light and hit another vehicle. The other driver breaks her leg and needs surgery. Her medical bills total $45,000, she misses six weeks of work ($8,000 in lost wages), and her car is totaled ($20,000).

Her damages exceed $73,000. Your 30/60/25 policy would pay $30,000 toward her injury claim and $20,000 for her car (assuming that was her actual value). She’s still $23,000 short on her medical bills alone, not counting pain and suffering or lost wages.

That remaining amount? She can sue you personally for it. Your savings, your house, your future wages could all be at risk.

Why Texas Minimum Coverage Is Dangerously Inadequate

The 30/60/25 minimum was set in 2008. It hasn’t changed since, despite medical costs rising dramatically. According to the Health Care Cost Institute, average emergency room visits now cost over $2,000. A single night in the hospital averages more than $3,000. Serious injuries requiring surgery, rehabilitation, or long-term care can easily exceed $100,000.

Our attorneys at Varghese Summersett regularly handle cases where clients face medical bills of $50,000, $100,000, or more. In 2023, we represented a client struck by a distracted driver in Fort Worth whose spinal surgery alone cost $127,000. The at-fault driver carried only minimum coverage. Without our client’s own underinsured motorist policy, she would have recovered less than a quarter of her medical expenses.

Property damage limits are equally outdated. The average new car in Texas costs over $48,000. Even used vehicles commonly sell for $25,000 to $35,000. If you total someone’s car, that $25,000 property damage limit may not cover it.

What Happens If You’re Hit by an Uninsured or Underinsured Driver

Texas has one of the highest rates of uninsured drivers in the country. According to the Insurance Research Council, approximately 14% of Texas motorists drive without any insurance at all. That’s roughly one in seven drivers on the road with you right now.

Even more drivers carry only the state minimum. When these drivers cause serious accidents, their coverage runs out quickly, leaving victims with few options.

This is where uninsured motorist (UM) and underinsured motorist (UIM) coverage becomes essential. These optional coverages protect you and your family when the other driver can’t cover your losses.

Uninsured Motorist Coverage (UM) pays your medical bills, lost wages, and other damages when the at-fault driver has no insurance at all. It also covers hit-and-run accidents where the driver flees.

Underinsured Motorist Coverage (UIM) kicks in when the at-fault driver’s insurance isn’t enough to cover your damages. If your injuries cost $80,000 and the other driver only has $30,000 in coverage, your UIM policy covers the gap.

Texas law requires insurance companies to offer you UM/UIM coverage, but you can reject it in writing. Many Texans decline this coverage to save money on premiums without understanding what they’re giving up.

How UM/UIM Coverage Works in a Real Case

One of our clients was rear-ended at a stoplight on I-35 in Dallas by a driver who was texting. Our client suffered herniated discs requiring two surgeries and months of physical therapy. Her total medical bills exceeded $210,000, and she couldn’t work for eight months.

The at-fault driver carried only $30,000 in liability coverage. His insurance paid that amount quickly, but it barely covered a fraction of her losses.

Fortunately, our client had $100,000 in underinsured motorist coverage on her own policy. After exhausting the at-fault driver’s limits, we filed a UIM claim with her insurance company. Through negotiation, we recovered an additional $95,000 from her own policy.

Without UIM coverage, she would have been left with over $180,000 in unpaid medical bills. The extra premium she paid for UIM coverage, roughly $150 per year, saved her from financial ruin.

What Is an Umbrella Policy and Why Should You Consider One?

An umbrella policy provides an extra layer of liability protection above your auto and homeowner’s insurance limits. It kicks in after your underlying policies max out.

Umbrella policies typically start at $1 million in coverage and can go much higher. The cost is surprisingly affordable. Most people pay between $150 and $300 per year for $1 million in umbrella coverage.

Consider this scenario. You cause an accident that seriously injures a family of four. Their combined medical bills, lost wages, and pain and suffering total $400,000. Your auto policy with 100/300/50 limits pays $300,000, but you’re still $100,000 short. Without an umbrella policy, that $100,000 comes out of your personal assets.

Umbrella policies also cover you in situations beyond car accidents. They protect against lawsuits from injuries on your property, defamation claims, and other liability exposures. For anyone with assets to protect, including a home, savings, or retirement accounts, umbrella coverage is one of the smartest insurance purchases available.

How Much Auto Insurance Coverage Do You Actually Need?

Insurance agents have a general rule: carry enough liability coverage to protect your net worth. If you have $200,000 in assets, you should have at least $200,000 in liability coverage. But that’s just the starting point.

Most financial advisors recommend at least 100/300/100 coverage for Texas drivers. This means $100,000 per person for bodily injury, $300,000 total per accident, and $100,000 for property damage. Combined with a $1 million umbrella policy, this provides solid protection for most families.

For UM/UIM coverage, match your liability limits. If you carry 100/300/100 liability, carry the same for uninsured and underinsured motorist protection. This ensures you’re protected whether you cause an accident or are the victim of one.

What to Do After a Car Accident in Texas

If you’ve been in an accident, especially one involving serious injuries, the steps you take immediately after can affect your ability to recover compensation.

At the scene: Call 911 and report the accident. Exchange insurance information with all drivers involved. Take photos of vehicle damage, the accident scene, and any visible injuries. Get contact information from witnesses.

Within 24-48 hours: Seek medical attention, even if you feel fine. Many injuries don’t show symptoms right away. Document everything in writing while your memory is fresh.

When dealing with insurance: Report the accident to your own insurance company promptly. Be careful what you say to the other driver’s insurance company. They may try to get you to admit fault or minimize your injuries. You are not required to give a recorded statement to the other driver’s insurer.

Before accepting any settlement: Talk to a personal injury attorney. Insurance companies often make quick lowball offers before you understand the full extent of your injuries. Once you sign a release, you can’t go back for more money.

What Happens After You Call Varghese Summersett

When you contact our firm after a car accident, here’s what to expect. First, you’ll speak with a member of our personal injury team who will ask about your accident and injuries. This initial call is free and confidential.

If we believe you have a case, we’ll schedule a consultation to review your medical records, insurance policies, and the facts of your accident. We handle personal injury cases on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.

Our team will deal with the insurance companies so you can focus on recovery. We gather evidence, negotiate with adjusters, and prepare your case for trial if necessary. We’ve recovered millions for injured Texans, and we fight hard to maximize every client’s recovery.

Frequently Asked Questions About Texas Auto Insurance

Can I drive legally in Texas with just liability insurance?

Yes. Texas law only requires liability coverage at the 30/60/25 minimum. However, this protects other people, not you. If you’re injured by an uninsured driver and you don’t have UM coverage, you may have no way to recover your medical expenses.

Does my insurance cover me if I’m driving someone else’s car?

Generally, auto insurance follows the car first and the driver second. The car owner’s insurance is primary. Your insurance acts as secondary coverage if the owner’s policy isn’t enough or doesn’t apply.

What happens if I’m hit by an uninsured driver and I don’t have UM coverage?

You can sue the uninsured driver personally, but collecting is often difficult or impossible. Many uninsured drivers have few assets. Without UM coverage, you may be left paying your own medical bills even though the accident wasn’t your fault.

How long do I have to file an insurance claim after an accident in Texas?

You should report accidents to your insurance company as soon as possible, typically within a few days. For lawsuits against the at-fault driver, Texas has a two-year statute of limitations from the date of the accident. However, waiting can hurt your case as evidence disappears and memories fade.

Will my rates go up if I file a UM/UIM claim?

Texas Insurance Code § 1952.0545 prohibits insurers from raising your rates solely because you filed a UM/UIM claim for an accident that wasn’t your fault. If your rates increase, it should be based on other factors.

Get Help from an Experienced Texas Personal Injury Attorney

Understanding your insurance coverage is one thing. Knowing how to use it when you’re injured is another. Insurance companies, including your own, are businesses focused on minimizing payouts. Having an experienced attorney on your side levels the playing field.

At Varghese Summersett, our personal injury lawyers have decades of combined experience handling auto accident cases across Texas. We’ve recovered compensation for clients in Fort Worth, Dallas, Houston, and throughout the state. We understand the tactics insurance companies use to reduce or deny claims, and we know how to fight back.

If you’ve been injured in a car accident, don’t navigate the insurance process alone. Call us at (817) 203-2220 for a free consultation. We’ll review your case, explain your options, and help you understand what your claim is really worth. You pay nothing unless we recover compensation for you.

What Is Reasonable Suspicion in Texas?

Reasonable suspicion is the legal standard police must meet before they can pull you over or temporarily detain you. It requires more than a hunch or gut feeling. Officers must point to specific, articulable facts that suggest criminal activity is happening. Without it, the stop is unconstitutional, and any evidence gathered can be thrown out of court.

On December 19, 2025, the Texas Court of Criminal Appeals reminded law enforcement of this rule in Hernandez v. State. The court threw out a conviction because an officer stopped a driver without reasonable suspicion, despite the stop having been upheld at the trial and intermediate court level.

At Varghese Summersett, our criminal defense attorneys have built careers challenging unlawful stops in Fort Worth, Dallas, Houston, and courts across Texas. If you were stopped, searched, or arrested after a traffic stop you believe was illegal, call us at (817) 203-2220 for a free consultation.

The Legal Definition of Reasonable Suspicion

The Fourth Amendment to the U.S. Constitution and Article I, Section 9 of the Texas Constitution protect you from unreasonable searches and seizures. A traffic stop counts as a “seizure” under the law. That means police need a valid legal reason to pull you over.

Reasonable suspicion sits between a mere hunch and probable cause (the higher standard needed for an arrest). To meet this standard, an officer must identify specific facts that, combined with rational inferences from their training and experience, suggest criminal activity is occurring or about to occur.

The U.S. Supreme Court established this standard in Terry v. Ohio (1968), and Texas courts have applied it consistently ever since. The key word is “specific.” Officers cannot rely on vague feelings or generalized suspicions. They must be able to explain exactly what facts made them believe a crime was happening.

What Counts as Reasonable Suspicion for a Traffic Stop

Texas courts have recognized several situations where reasonable suspicion exists:

• Traffic violations: Speeding, running a red light, failing to signal, expired registration, or broken taillights give officers clear grounds to stop you.
• Erratic driving: Weaving between lanes, driving significantly below the speed limit on a highway, or other behavior consistent with impairment can justify a stop.
• Reliable witness reports: A detailed, corroborated tip describing specific criminal activity and a particular vehicle may support reasonable suspicion.
• Plain view observations: If an officer sees contraband or evidence of a crime through your window while lawfully positioned, this can justify further action.
• Matching a suspect description: If you closely match a detailed description from a recent crime report in the immediate area, officers may have grounds to stop you briefly.

What Does NOT Count as Reasonable Suspicion

Just as important is knowing what police cannot use to justify a stop:

• Driving in a “high crime” area: Your presence in a particular neighborhood, standing alone, is not reasonable suspicion.
• Looking nervous: Many innocent people feel anxious around police. Nervousness alone cannot justify a stop.
• Driving slowly: Unless you’re impeding traffic or driving dangerously below the limit, slow driving is legal.
• Vague anonymous tips: A caller saying someone looks “suspicious” without describing criminal behavior is not enough.
• Race, ethnicity, or appearance: Stops based on how you look rather than what you’re doing are unconstitutional.
• Time of day: Driving late at night is not a crime and cannot be the sole basis for a stop.

In 2023, our attorneys represented a client in Tarrant County who was pulled over because he was driving a “nice car” through a certain neighborhood at night. The officer admitted he had no other reason for the stop. We filed a motion to suppress, the court agreed the stop was unlawful, and the felony drug charges were dismissed.

The Hernandez v. State Ruling: A Landmark Victory for Drivers

The Texas Court of Criminal Appeals just handed down a decision that reinforces reasonable suspicion protections for every Texas driver. In Hernandez v. State (PD-0176-25), decided December 19, 2025, the court reversed a conviction because the initial traffic stop lacked reasonable suspicion.

What Happened in This Case

It started with an anonymous 911 call. A woman reported seeing a “suspicious” four-door Chevrolet Silverado driving slowly through rural Willacy County. She didn’t report any crime. She didn’t describe dangerous driving. Just a truck moving slowly.

Thirty minutes later, Officer Garcia arrived. He didn’t find a Chevrolet Silverado. Instead, he spotted a completely different pickup truck on a dirt road. Despite the vehicle not matching the caller’s description and the driver committing no traffic violation, Officer Garcia activated his emergency lights.

Mr. Hernandez continued at a slow pace before stopping to open a gate on the property. A physical altercation followed, and Hernandez was arrested for evading arrest or detention with a motor vehicle under Texas Penal Code § 38.04.

The 197th District Court of Willacy County convicted him. The Thirteenth Court of Appeals affirmed. But the Texas Court of Criminal Appeals saw it differently.

The Court’s Reasoning

Writing for the court, Judge Lee Finley held that no rational juror could conclude beyond a reasonable doubt that Officer Garcia had reasonable suspicion. The court’s analysis was direct:

The vehicle didn’t match the 911 caller’s description. The driver wasn’t breaking any traffic laws. Driving slowly on a rural dirt road isn’t criminal. Officer Garcia had no specific, articulable facts linking Mr. Hernandez to any crime.

Because the initial stop was unlawful, the evading arrest charge collapsed. You cannot evade a “lawful detention” when there was no lawful basis for the detention in the first place. The court rendered a judgment of acquittal, meaning the case is over and Mr. Hernandez is free.

How Anonymous Tips Affect Reasonable Suspicion

Anonymous 911 calls present a unique challenge for courts. The caller’s credibility cannot be verified, so Texas law treats these tips with healthy skepticism.

An anonymous tip alone is usually not enough to justify a stop. Under Texas law, officers must independently corroborate specific details before acting. The tip must also describe actual criminal behavior, not just something that seems “off” to the caller.

The U.S. Supreme Court addressed this in Navarette v. California (2014). The Court held that a 911 call can support reasonable suspicion if it includes enough specific details that officers can verify. But even a detailed tip must describe criminal conduct. Reporting that someone is “driving slowly” or “looks suspicious” doesn’t cut it.

In Hernandez, the anonymous caller only said a vehicle looked suspicious. That’s not a crime. And Officer Garcia compounded the problem by stopping a vehicle that didn’t even match the description. The stop was doomed from the start.

If you were stopped based on an anonymous tip, our attorneys will examine whether police had enough verified information to justify the stop. In many cases, they don’t.

Why Reasonable Suspicion Matters for Your Case

A traffic stop might seem minor, but it’s often the first domino in a chain that leads to serious criminal charges. Once an officer pulls you over, they can:

• Ask questions that lead to incriminating statements
• Claim to smell marijuana or alcohol, justifying a search
• Run your information and discover unrelated warrants
• Request field sobriety tests that lead to DWI arrests
• Search your vehicle if they develop probable cause

Every one of these outcomes depends on the initial stop being lawful. If the stop lacked reasonable suspicion, everything that followed can potentially be challenged under the “fruit of the poisonous tree” doctrine. This legal principle holds that evidence obtained through unconstitutional means cannot be used against you.

Challenging an Unlawful Stop: Defenses That Work

When police violate your constitutional rights, Texas law gives you tools to fight back. Here’s how our attorneys challenge unlawful stops:

Motion to Suppress Evidence

This is the most powerful tool in cases involving questionable stops. If the court finds the stop was unconstitutional, any evidence obtained as a result (drugs, weapons, breath test results, statements) gets excluded from trial. Without evidence, prosecutors often have no choice but to dismiss or significantly reduce charges.

Challenging Officer Testimony

Officers must articulate specific facts justifying the stop. We obtain dashcam footage, bodycam recordings, and police reports, then scrutinize them for inconsistencies. If an officer’s story doesn’t add up or their stated reasons don’t match the video evidence, the stop may be deemed unlawful.

Attacking Anonymous Tip Reliability

As Hernandez demonstrates, anonymous tips require corroboration. We examine 911 recordings and compare them to the officer’s observations. If police acted on a vague tip without verification, we challenge the stop’s validity.

Proving the Vehicle Didn’t Match

In Hernandez, the officer stopped a truck that didn’t match the caller’s description at all. We look for similar discrepancies in every case. If officers stopped the wrong vehicle or couldn’t have reasonably believed your car matched a reported description, the stop fails.

Demonstrating Legal Activity

Driving slowly, being out late, looking away from an officer, or being in a certain neighborhood are not crimes. We hold officers to the constitutional standard they must meet, forcing them to identify actual criminal indicators rather than hunches.

Evading Arrest Charges: Why the Stop Matters

Mr. Hernandez was charged under Texas Penal Code § 38.04, which makes it a crime to intentionally flee from someone you know is a peace officer attempting a lawful detention or arrest.

The statute requires the underlying detention or arrest to be “lawful.” This is the element that destroyed the prosecution’s case in Hernandez. If police had no right to stop you in the first place, you cannot be convicted of evading that stop.

Evading arrest with a motor vehicle is typically a state jail felony, carrying 180 days to two years in a state jail facility. If someone suffers serious bodily injury during the pursuit, the charge elevates to a third-degree felony with two to ten years in prison.

We’ve successfully defended evading cases by attacking the lawfulness of the stop. In one Fort Worth case, our client faced felony evading charges after a pursuit through multiple neighborhoods. By demonstrating that the officer who initiated the stop had no reasonable suspicion, we got the felony charge dismissed.

What to Do If You’re Pulled Over

Knowing your rights during a traffic stop can protect you from unlawful searches and questionable charges.

Stay calm and keep your hands visible. Place your hands on the steering wheel where the officer can see them. This reduces tension and prevents misunderstandings.

Provide required documents. You must give the officer your driver’s license, registration, and proof of insurance. Refusing these can lead to additional charges.

Exercise your right to remain silent. Beyond identifying yourself, you don’t have to answer questions about where you’re going, where you’ve been, or what you’ve been doing. A polite “I prefer not to answer questions” is sufficient.

Refuse consent to search. If an officer asks to search your vehicle, you can say no. Without your consent, they need probable cause or a warrant. Your refusal cannot be used against you in court.

Don’t physically resist. Even if the stop is unlawful, resisting creates additional charges and risks your safety. Assert your rights verbally, comply with the officer’s instructions, and challenge the stop later with your attorney.

Document everything afterward. Write down the officer’s name and badge number, the time and location, what was said, and the names of any witnesses. This information helps your attorney challenge the stop.

What Happens After You Call Varghese Summersett

Facing criminal charges after a traffic stop is stressful. Here’s what you can expect when you reach out to our firm:

Free initial consultation. We’ll listen to what happened, review the circumstances of your stop and arrest, and give you an honest assessment of your options.

Comprehensive investigation. Our team obtains all available evidence: police reports, dashcam and bodycam footage, 911 recordings, dispatch logs, and witness statements. We look for every weakness in the prosecution’s case.

Strategic motion practice. If your rights were violated, we file motions to suppress evidence. We’ve secured dismissals and reductions in countless cases after successful suppression hearings.

Trial-ready defense. While many cases resolve before trial, we prepare every case as if it’s going before a jury. Prosecutors know we’re willing to fight, which strengthens our negotiating position.

Clear, consistent communication. You’ll always know where your case stands. We return calls promptly and explain each step without legal jargon.

Frequently Asked Questions About Reasonable Suspicion

Can police pull me over just for being in a “bad” neighborhood?

No. Your presence in a particular area, by itself, is not reasonable suspicion. Officers must observe specific facts suggesting criminal activity. Texas courts have repeatedly rejected stops based solely on location.

What if an anonymous caller reported my vehicle?

An anonymous tip alone is usually not enough. Officers must corroborate specific details from the tip before stopping you. The tip must also describe actual criminal behavior, not just “suspicious” activity. As Hernandez shows, vague tips about slow driving don’t justify stops.

Can an officer search my car after pulling me over?

Only under certain conditions. They can search if you consent, if they have probable cause to believe there’s contraband, if you’re arrested and the search is incident to that arrest, or if they have a warrant. You have the right to refuse consent, and you should.

What happens if the stop was unlawful but I’m already charged?

Contact an attorney immediately. Evidence from an unlawful stop can often be suppressed through a motion hearing. If key evidence is thrown out, prosecutors frequently dismiss or reduce charges. Don’t plead guilty without exploring this option.

Does the Hernandez ruling apply throughout Texas?

Yes. The Texas Court of Criminal Appeals is the highest criminal court in the state. Its decisions are binding on every Texas court. This ruling strengthens reasonable suspicion protections statewide.

How long do I have to challenge an unlawful stop?

Timing depends on your case’s procedural posture. Motions to suppress must typically be filed before trial. If you’ve already been convicted, you may have appeal options, but deadlines are strict. Contact an attorney as soon as possible to preserve your rights.

Protect Your Rights with an Experienced Texas Criminal Defense Attorney

The Hernandez v. State ruling is a powerful reminder that police must follow the Constitution. But court decisions only protect you if you have an attorney who knows how to use them.

At Varghese Summersett, our defense team includes former prosecutors who understand how the other side thinks, board-certified criminal law specialists, and attorneys who have handled thousands of cases in Texas courts. We know how to spot unlawful stops, build winning suppression motions, and hold the government to its burden of proof.

With team members across offices in Fort Worth, Dallas, Houston, and Southlake, we have the resources to thoroughly investigate your case and fight for the best possible outcome. Our attorneys have earned recognition from Super Lawyers, Texas Monthly, and the National Trial Lawyers, and our firm has been named to the Inc. 5000 list of fastest-growing companies.

If you’ve been arrested after a traffic stop you believe was unlawful, time matters. Evidence must be preserved, and legal deadlines are unforgiving. Call (817) 203-2220 today for a free, confidential consultation. Let us review your case and explain your options. You have rights. We’re here to protect them.