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Could Duct Tape Give Scott Peterson a New Trial?

The Laci Peterson case, which captured national attention in the early 2000s, remains one of the most controversial and debated criminal cases in recent American history. Scott Peterson was convicted in 2004 for the murder of his pregnant wife, Laci, and their unborn son, Conner. However, the case has been fraught with controversy, and this year the Los Angeles Innocence Project has taken up his cause and a judge is allowing additional testing of one piece of evidence.

The case has captured the current zeitgeist as two recent streaming documentaries bring it to new audiences. The first is a three-part Netflix documentary titled ‘American Murder: Laci Peterson.

The second is “Face to Face With Scott Peterson ,” which is available on Peacock.

The Evidence to be Re-Tested

The criminal defense team from the Los Angeles Innocence Project requested retesting of 14 pieces of evidence collected during the original investigation. However, a California judge allowed new DNA testing on only one item: a 15.5-inch-long piece of duct tape found on Laci Peterson’s pants. The tape, first tested in 2003, showed human DNA present but was not of sufficient quality to generate a profile.

Peterson’s attorneys argue that the tape could contain DNA that points to someone other than him as responsible for Laci’s death. They also theorize that Laci may have been kidnapped and murdered after witnessing a burglary across the street from their home.

The judge denied requests to test evidence related to the burglary.

Criticisms of Scott Peterson's Conviction

Criticisms of the Scott Peterson Conviction

In addition to being one of the most high-profile criminal cases of our times, it is also infamous for being based primarily on circumstantial evidence.

Lack of Physical Evidence

The highly publicized trial was marked by a significant lack of physical evidence. Despite the prosecution’s efforts to build a case against Peterson, the absence of direct physical evidence linking him to the crimes remains a contentious issue.

No Crime Scene

One of the most glaring weaknesses in the prosecution’s case was the inability to establish a crime scene. Despite an extensive investigation, no evidence of a violent crime was found in the Petersons’ home or vehicle. No blood, DNA, or other forensic evidence was discovered that could conclusively link Scott Peterson to the murders.

The prosecution was unable to determine where, when, or how Laci was killed, leaving many questions unanswered. This lack of a clear crime scene made it difficult for the prosecution to build a strong case against Peterson.

Inconclusive Forensic Analysis

The bodies of Laci and Conner were recovered from the San Francisco Bay in April 2003, but they were too decomposed to determine the exact cause of death. The forensic analysis of the bodies was inconclusive, and no weapon was ever recovered.

The prosecution’s theory about the use of Scott’s boat to dispose of the body was not supported by concrete evidence. While a hair was found on the boat that was later matched to Laci through mitochondrial DNA analysis, this evidence was disputed by the defense as unreliable. The prosecution’s case relied heavily on circumstantial evidence, which was not enough to prove Peterson’s guilt beyond a reasonable doubt.

The Condition of the Bodies

The bodies of Laci and Conner were recovered from the San Francisco Bay in April 2003, but they were in a state of advanced decomposition. Laci’s body was missing her neck, head, forearms, and one of her feet, while Conner’s body was intact but had tape on his neck with no associated injuries. The condition of the bodies made it impossible to determine the exact cause of death or the weapon used to kill them.

No Evidence of Wounds or Trauma

Forensic pathologist Dr. Brian Peterson testified that he could find no evidence of wounds or trauma on Laci’s body, and the prolonged submersion in the bay had swollen the body, making measurements inaccurate. The lack of physical evidence of violence or trauma on the bodies raises questions about the prosecution’s theory of the crime.

Inconclusive DNA Analysis

The prosecution’s DNA analysis was also inconclusive. The hair found in Scott Peterson’s boat was matched to Laci through mitochondrial DNA analysis, but this type of DNA is not as reliable as nuclear DNA and cannot provide a definitive match. The judge allowed the prosecution to use this evidence, but it was disputed by the defense as unreliable.

The Circumstantial Evidence that Convicted Scott Peterson

The case against Scott Peterson, convicted of murdering his pregnant wife Laci and their unborn son Conner, was built almost entirely on circumstantial evidence. While circumstantial evidence is permissible in court, it can be more easily challenged on appeal. In this article, we will examine the key pieces of circumstantial evidence that led to Scott Peterson’s conviction.

Scott’s Affair

The prosecution heavily emphasized Scott’s affair with Amber Frey as a motive for murder. The affair was presented as a key piece of evidence, suggesting that Scott was motivated to kill his wife to escape his marriage and pursue a relationship with Frey. However, infidelity, while morally reprehensible, does not necessarily indicate a propensity for murder.

Scott’s Behavior

Delayed Reporting of Laci’s Disappearance

One of the most significant concerns was that Scott Peterson did not immediately report Laci’s disappearance to the police. He claimed that he arrived home from fishing and noticed that Laci’s car was in the driveway, but she was not in the house. However, instead of calling the police, he took a shower, ate some leftover pizza, and then called Laci’s mother, Sharon Rocha, to ask if she had seen Laci.

Lack of Emotional Response

Scott Peterson’s emotional response to Laci’s disappearance was also seen as unusual. He was described as being calm and composed, which raised suspicions that he was not as concerned about Laci’s disappearance as he should have been.

Inconsistencies in His Alibi

Scott Peterson’s alibi for the time of Laci’s disappearance was also questioned. He claimed that he was fishing on the San Francisco Bay, but his story was inconsistent, and he was unable to provide a clear account of his activities.

Questions About the Peterson’s Dog

The prosecution presented the discovery of the Petersons’ dog, McKenzie, with its leash still attached as a key piece of circumstantial evidence in the Scott Peterson trial. However, this evidence is questionable and open to interpretation.

McKenzie was found wandering around the neighborhood with its leash still attached on December 24, 2002, the day Laci Peterson was reported missing. The prosecution argued that this suggested Laci was walking the dog when she was abducted or killed, and that Scott Peterson may have left the dog behind to make it look like an abduction.

However, there are alternative explanations for why McKenzie was found with its leash still attached, such as Laci letting the dog out of the house or someone else walking the dog. The prosecution’s argument relied on assumptions and inferences, rather than concrete evidence linking Scott Peterson to the crime.

The Burglary Theory: An Alternative Explanation for Laci Peterson’s Murder

The defense team in the Scott Peterson case has argued that an alternative theory, known as the burglary theory, was not adequately investigated or presented to the jury during the original trial. This theory suggests that Laci Peterson may have witnessed a burglary that occurred across the street from her home around the time of her disappearance and was subsequently killed as a result.

The Burglary Suspects

The burglary in question occurred at the Medina home, which is located across the street from the Petersons’ residence. The suspects, Steven Todd and Donald Pearce, were identified and cooperated with the police, providing alibis for the time of Laci’s disappearance. They also confessed to the burglary and returned the stolen property.

Despite their cooperation, the defense has argued that Todd and Pearce could have been involved in Laci’s murder. The theory suggests that Laci may have witnessed the burglary and confronted the suspects, who then killed her to silence her.

New Evidence and Witnesses

In recent years, new evidence and witnesses have come forward that support the burglary theory. For example, a jailhouse informant claimed that Todd had called him from inside the burglarized home and asked for help removing a heavy safe. Another informant stated that he had heard from multiple sources that Laci was killed by individuals associated with the Modesto Hardcore Skinheads, a group that was allegedly involved in burglaries in the area.

The Defense’s Argument

The defense team has argued that the burglary theory was not fully explored during the original trial and that new evidence and witnesses support this alternative explanation for Laci’s murder. They claim that the prosecution’s focus on Scott Peterson as the sole suspect led to a narrow investigation that ignored other potential suspects and theories.

The Prosecution’s Response

The prosecution has dismissed the burglary theory as “jailhouse rumors” and argued that there is no credible evidence to support this alternative explanation for Laci’s murder. They maintain that Scott Peterson is the sole suspect and that the evidence presented during the original trial was sufficient to convict him of Laci’s murder.

Other Potential Suspects

The defense has also pointed to other individuals who may have had motives to harm Laci. For example, there were reports of a stranger who was seen in the neighborhood on December 23, 2002, asking for money and potentially casing houses for burglaries. Additionally, there were witnesses who reported seeing a pregnant woman walking a golden retriever in the park, and some even witnessed the woman being harassed by two men.

However, these leads were not fully investigated by the police, and it is unclear whether they are relevant to Laci’s disappearance and murder.

Scott Peterson is currently serving a life sentence.
Scott Peterson is currently serving a life sentence.

Retesting DNA Evidence in the Scott Peterson Case: A New Development

The Los Angeles Innocence Project, a non-profit organization not affiliated with the national Innocence Project, has taken on the case of Scott Peterson, who was convicted in 2004 of killing his pregnant wife Laci and their unborn son. The organization has requested that the court allow for the retesting of DNA evidence in the case, citing new developments and potential inconsistencies in the original investigation.

New Court Filings

According to recent court filings, the Los Angeles Innocence Project has requested that the court release previously unreleased evidence in the case, including several unnamed witnesses who may have information about Laci’s disappearance and murder. The organization has also requested DNA testing on various pieces of evidence, including a bloodstained mattress found in a burned-out van near the Petersons’ home.

The Burglary Theory

One of the alternative theories presented by the defense is that Laci may have been killed or kidnapped by individuals involved in a burglary that occurred across the street from the Petersons’ home on the night of December 24, 2002. The Los Angeles Innocence Project has requested that the court release evidence related to this burglary, including police reports and witness statements.

The Van Fire

Another piece of evidence that the Los Angeles Innocence Project has requested is related to a van fire that occurred on Christmas Day, 2002, about a mile from the Petersons’ home. The van was found to have a bloodstained mattress inside, and the fire was determined to be deliberately set. The organization has requested DNA testing on the mattress and other items found in the van. The judge denied this request.

what's next for scott peterson

Courts’ Handling of Exoneration Claims Based on Improved DNA Testing

The development of more advanced DNA testing technologies has led to an increase in exoneration claims based on new or retested DNA evidence. Courts have handled these claims in various ways, reflecting the evolving understanding of DNA evidence and its limitations.

Courts have taken different approaches to handling exoneration claims based on improved DNA testing. Some have been more receptive to re-examining convictions in light of new DNA evidence, while others have been more cautious.

The decision to allow the duct tape to be retested reflects a willingness to reconsider the conviction in light of new DNA testing technologies.

The case continues to spark debate and remains a topic of intense scrutiny in legal circles. As new forensic techniques develop and potential new evidence emerges, the possibility of a new trial cannot be ruled out. However, any such development would need to overcome the high bar set for overturning a conviction, especially one that has stood for many years.

Ultimately, the Laci Peterson case serves as a stark reminder of the complexities inherent in the criminal justice system, particularly in cases that capture national attention. It underscores the importance of ensuring fair trials, thorough investigations, and the protection of defendants’ rights, even – and especially – in cases where public opinion may have already rendered its own verdict.

Varghese Summersett

Varghese Summersett has been recognized as one of America’s fastest-growing law firms, ranking No. 38 in the legal category on the 2024 Inc. 5000 list of the nation’s fastest-growing private companies.

Overall, the firm ranks No. 2126 on the Inc. 5000 list of fastest-growing private companies nationwide, with a three-year revenue growth of 247 percent. It placed 76th in the Dallas—Fort Worth area. The prestigious ranking, which was released on August 13, provides a data-driven look at the most successful companies within the economy’s most dynamic segment: independent entrepreneurial businesses.Inc. 5000 Rank

 

“We are honored to have made Inc. Magazine’s list of America’s fastest-growing companies for the second time in our 10-year history,” said Benson Varghese, founder and managing partner of the firm. “It’s especially rewarding to also be recognized as a fastest-growing law firm. We went from hanging a shingle in 2014 to becoming one of the largest and fastest-growing criminal defense, personal injury, and family law practices in North Texas, with multiple office locations. Each member of our firm was hand- selected for their expertise, dedication, and compassion. We are proud to be the law firm Texans turn to during their most challenging times.”

In 2018, Varghese Summersett also made the Inc. 5000 list, coming in at No. 782. The class of 2024 represents companies that have driven rapid revenue growth while navigating inflationary pressure, the rising costs of capital, and seemingly intractable hiring challenges.

“We have worked very hard to build a firm that is not only recognized for its legal expertise but also its commitment to client service and community impact,” said Anna Summersett, a named partner of the firm. “This achievement is a testament to the dedication of our entire team and the trust our clients have placed in us. As we continue to grow and scale, we remain focused on delivering the highest level of legal representation and making a positive difference in the lives of those we serve.”

For complete results of the Inc. 5000, including company profiles and an interactive database that can be sorted by industry, location, and other criteria, go to www.inc.com/inc5000.

“One of the greatest joys of my job is going through the Inc. 5000 list,” said Mike Hofman, the editor-in-chief of Inc. “To see all of the intriguing and surprising ways that companies are transforming sectors, from health care and AI to apparel and pet food, is fascinating for me as a journalist and a storyteller. Congratulations to this year’s honorees, as well for growing their businesses fast despite the  economic disruption we all faced over the past three years, from supply chain woes to inflation to changes in the workforce.”

The annual Inc. 5000 Conference & Gala,  honoring the companies on the list, will be held October 16 to 18 in Palm Desert, California. As always, speakers include some of the greatest innovators and business leaders of our generation.,

About Varghese Summersett

Varghese Summersett is a premiere personal injury , criminal defense, and family law practice in North Texas dedicated to helping people through life’s greatest challenges. Each division is comprised of highly experienced, award-winning attorneys committed to providing exceptional legal services. Varghese Summersett has been named a “DFW Favorite,” a “Best Place to Work,” a “Small Business of the Year,” and a “Best Place for Working Parents,” among numerous other accolades. The firm also has more than 1100 5-star Google Reviews. Learn more at versustexas.com.

More about Inc. and the Inc. 5000

Methodology

Companies on the 2024 Inc. 5000 are ranked according to percentage revenue growth from 2020 to 2023. To qualify, companies must have been founded and generating revenue by March 31, 2020. They must be U.S.-based, privately held, for-profit, and independent—not subsidiaries or divisions of other companies—as of December 31, 2023. (Since then, some on the list may have gone public or been acquired.) The minimum revenue required for 2020 is $100,000; the minimum for 2023 is $2 million. As always, Inc. reserves the right to decline applicants for subjective reasons. Growth rates used to determine company rankings were calculated to four decimal places.

About Inc.

Inc. Business Media is the leading multimedia brand for entrepreneurs. Through its journalism, Inc. aims to inform, educate, and elevate the profile of our community: the risk-takers, the innovators, and the ultra-driven go-getters who are creating our future. Inc.’s award-winning work achieves a monthly brand footprint of more than 40 million across a variety of channels, including events, print, digital, video, podcasts, newsletters, and social media. Its proprietary Inc. 5000 list, produced every year since its launch as the Inc. 100 in 1982, analyzes company data to rank the fastest-growing privately held businesses in the United States. The recognition that comes with inclusion on this and other prestigious Inc. lists, such as Female Founders and Power Partners, gives the founders of top businesses the opportunity to engage with an exclusive community of their peers, and credibility that helps them drive sales and recruit talent. For more information, visit www.inc.com.

Varghese Summersett Team Photo

Varghese Summersett

Fort Worth, Texas, has long been synonymous with the railroad industry. The arrival of the Texas and Pacific Railway in 1876 cemented Fort Worth’s position as a key transportation hub, transforming it from a frontier outpost to a thriving city. As a hub of rail activity, our city has seen its fair share of railway-related injuries and accidents. If you or a loved one has been injured in a railroad accident, here’s what you need to know from our Fort Worth railroad injury lawyer.

Today, Fort Worth remains a vital center for rail transportation. The city is home to several major rail yards and serves as a crucial interchange point for multiple rail lines. This strategic location has allowed Fort Worth to maintain its importance in the national rail network. Fort Worth consistently ranks among the top 20 cities in the United States for rail activity. The Dallas-Fort Worth metroplex, as a whole, is often considered one of the top 5 rail hubs in the country, with Fort Worth playing a significant role in this ranking.

Several major railroad companies have a significant presence in Tarrant County, including:

  • BNSF Railway: Headquartered in Fort Worth, BNSF is one of the largest freight railroad networks in North America.
  • Union Pacific Railroad: While headquartered in Omaha, Nebraska, Union Pacific has a substantial presence in Fort Worth and operates extensive rail lines throughout Texas.
  • Trinity Railway Express (TRE): A commuter rail line jointly owned by Dallas Area Rapid Transit (DART) and Trinity Metro, connecting Fort Worth to Dallas.
  • TEXRail: A commuter rail line operated by Trinity Metro, connecting downtown Fort Worth to Dallas/Fort Worth International Airport.

 

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What to do if you’re injured as a railroad worker

When a railroad worker is injured on the job, the process for seeking compensation is different from that of most other industries. This is primarily due to the Federal Employers Liability Act (FELA), which we’ll discuss in more detail later.

Here’s an overview of what should happen after a rail worker is injured:

Immediate Medical Attention

The worker should seek medical attention as soon as possible, even if the injury seems minor.

Reporting the Injury

The worker must report the injury to their supervisor or employer as soon as possible. Delay in reporting can potentially harm a future claim.

Investigation

The railroad company will likely conduct an investigation into the incident. It’s crucial for the worker to be cautious about what they say during this process. Consult with our lawyers before you give a statement related to a FELA claim.

FELA Claim

Instead of filing a workers’ compensation claim, railroad workers typically file a FELA claim against their employer. We recommend that you speak to one of our attorneys before you file your FELA claim.

Legal Representation

Due to the complexities of FELA claims, injured workers should seek legal representation to protect their rights and interests.

Tough cases call for the toughest lawyers.

Bases for Bringing a Lawsuit

Railroad workers may have grounds for a lawsuit under various circumstances, including:

  • Employer Negligence: If the railroad company failed to provide a safe working environment or proper training.
  • Equipment Failure: If an accident was caused by faulty or poorly maintained equipment.
  • Toxic Exposure: If workers were exposed to harmful substances without proper protection.
  • Repetitive Stress Injuries: Caused by the nature of the work over time.
  • Violations of Safety Regulations: If the company failed to comply with federal safety standards.

Understanding FELA Claims

Understanding FELA: Federal Employers Liability Act

FELA, enacted in 1908, is a federal law that protects and compensates railroad workers injured on the job. It’s crucial to understand FELA as it differs significantly from standard workers’ compensation laws:

Fault-Based System

Unlike workers’ compensation, FELA is a fault-based system. The injured worker must prove that the railroad company was at least partially negligent.

No Caps on Compensation

FELA doesn’t impose limits on the amount of compensation an injured worker can receive.

Broader Coverage

FELA covers a wider range of damages, including pain and suffering, which are typically not covered by workers’ compensation.

Statute of Limitations

FELA claims must typically be filed within three years of the date of injury.

Proving a Case Under FELA

To successfully prove a case under FELA, the injured worker (or their attorney) must establish the following:

  • The worker was employed by a railroad engaged in interstate commerce.
  • The injury occurred during the course of employment.
  • The railroad company was negligent.
  • The railroad’s negligence played some role in causing the injury, even if it was only slightly responsible.

The burden of proof in FELA cases is often described as “featherweight,” meaning that the plaintiff needs to show that the railroad’s negligence played any part, even the slightest, in producing the injury.

our bench is deep

How FELA Cases Are Unique

FELA cases are distinct from typical personal injury or workers’ compensation cases for several reasons:

Federal Law

FELA is a federal law, which means these cases can be tried in either federal or state courts.

Comparative Negligence

Under FELA, damages are reduced in proportion to the worker’s own negligence, if any.

No-Fault System

Unlike workers’ compensation, FELA is not a no-fault system. The injured worker must prove some level of negligence on the part of the railroad.

Potential for Higher Compensation

Because FELA allows for a broader range of damages and has no caps, potential compensation can be significantly higher than in workers’ compensation cases.

 

The Need for Specialized Legal Representation

Given the complexities of FELA and the unique challenges of railroad injury cases, it’s crucial to work with an attorney who understands this specific area of law. An experienced FELA attorney possesses in-depth industry knowledge, comprehending the railroad industry, its terminology, and common practices. They have the investigative skills necessary for FELA cases, which often require thorough investigation to prove negligence , enabling them to gather and present evidence effectively. Additionally, these attorneys have substantial negotiation experience, essential when dealing with railroad companies that often have teams of lawyers dedicated to minimizing payouts. A knowledgeable FELA attorney is also well-versed in the numerous federal regulations involved in these cases and can identify when these regulations have been violated. Lastly, if a case goes to trial, having an attorney comfortable with presenting complex technical evidence to a jury is invaluable.

Our lawyers are your compass in the storm.

Injuries Frequently Suffered by Railroad Workers

Railroad work is inherently dangerous, and workers can suffer a wide range of injuries. Some of the most common include:

  • Traumatic Injuries: Such as fractures, amputations, and crush injuries from accidents involving heavy equipment or moving trains.
  • Back and Neck Injuries: Often resulting from falls, lifting heavy objects, or the constant vibration associated with railroad work.
  • Repetitive Stress Injuries: Including carpal tunnel syndrome and tendinitis from repetitive motions.
  • Hearing Loss: Due to prolonged exposure to loud noises in rail yards and on trains.
  • Respiratory Issues: From exposure to diesel fumes, asbestos, or other harmful substances.
  • Burns: From fires, explosions, or contact with hot surfaces or chemicals.
  • Head Injuries: Including concussions and traumatic brain injuries from falls or struck-by accidents.

Types of Railroad Accidents in Texas

Texas, with its extensive rail network, sees various types of railroad accidents. Some of the most common include:

Train Collisions

Including train-to-train collisions and train-vehicle collisions at crossings.

Derailments

Often caused by track defects, equipment failure, or human error.

Yard Accidents

Occurring during switching operations or maintenance activities.

Pedestrian Accidents

When individuals are struck by trains, often at crossings or in rail yards.

Equipment Malfunctions

Leading to accidents during operation or maintenance.

Chemical Spills

Resulting from derailments or other accidents involving hazardous materials.

Common Causes of Rail Yard Accidents

Rail yards are particularly dangerous environments. Common causes of accidents in these areas include:

  • Improper Communication: Miscommunication between workers can lead to serious accidents.
  • Inadequate Training: Lack of proper training can result in workers making dangerous mistakes.
  • Fatigue: Long shifts and irregular hours can lead to fatigue-related accidents.
  • Equipment Failure: Malfunctioning equipment or poor maintenance can cause accidents.
  • Unsafe Working Conditions: Including poor lighting, uneven surfaces, or cluttered work areas.
  • Inadequate Safety Procedures: Failure to follow or enforce safety protocols can lead to accidents.
  • Weather Conditions: Extreme weather can create hazardous working conditions.

Conclusion

Railroad injuries can have devastating consequences for workers and their families. In Fort Worth, a city with deep ties to the railroad industry, understanding your rights under FELA is crucial if you’re a railroad worker or family member of one who has been injured on the job.

At Varghese Summersett, we have the experience and knowledge necessary to navigate the complexities of FELA claims. We understand the unique challenges faced by railroad workers and are committed to fighting for their rights. If you or a loved one has been injured while working on the railroad, don’t hesitate to reach out for a consultation. Your future may depend on having the right legal representation by your side.

Varghese Summersett

Overview of the Elena Rios Memorial Scholarship

Amount: $1000
Deadline: June 1, 2025

On February 16, 2024, Elena Rios, a mother of four and grandmother of 13, was tragically killed in a forklift accident at a north Fort Worth Walmart distribution center. Elena was a devoted mother, grandmother, sister, friend, and active member of the north Fort Worth community.

Varghese Summersett is honored to represent Elena’s family and, in her memory, has established the Elena Rios Memorial Scholarship, which will award a $1000 scholarship annually to a member of the Boys & Girls Club of Greater Tarrant County (BGCGTC).

The Boys & Girls Club is a non-profit organization close to our hearts. Ty Stimpso n, a partner at Varghese Summersett and the personal injury attorney representing Elena’s family, spent a lot of time at the BGCGTC – Don Kromer Branch in Arlington as a youth. 

Ty, the youngest of three siblings, was raised by a single mother who relied on the Club as a safe and supportive place for her son. Today, Ty serves on the BGCGTC Executive Board and recently initiated a partnership with Varghese Summersett and BGCGTC to host a Back-to-School Bash on August 10 to provide free school supplies to students.

These meaningful connections inspired us to create a scholarship in Elena Rios’ memory, that serves members of the Boys and Girls Club of Greater Tarrant County.

Eligibility for Elena Rios Memorial Scholarship

To be eligible, applicants must be:

  • An active member of the Boys and Girls Club of Greater Tarrant County
  • Ages 6-18 years old

Click Here to Apply for the Elena Rios Memorial Scholarship

Elena Rios Memorial Scholarship

Application Deadline

The scholarship application must be submitted by June 1, 2025. Applications submitted after that deadline will not be considered.

To check out our other scholarship opportunities, please visit versustexas.com/scholarships.

Varghese Summersett

Sexual Assault in Texas: A Comprehensive Guide

We have put together the most comprehensive guide on sexual assault in Texas. Allegations can come anytime as most of these offenses have no statute of limitations. We have successfully defended every level of sexual allegation, including “super aggravated” sexual offenses where the minimum punishment begins at 25 years in prison (no probation or parole). Our track record speaks volumes about our expertise and dedication to protecting our client’s rights and futures.

At Varghese Summersett, we pride ourselves on having multiple Board Certified Criminal Law Specialists on our team. This prestigious designation, awarded by the Texas Board of Legal Specialization, is the highest certification a criminal lawyer can achieve, demonstrating our commitment to excellence and in-depth knowledge of criminal law.

In this comprehensive guide, we’ll walk you through the various sexual offenses in Texas, providing crucial information to help you understand the charges, potential consequences, and how our experienced team can assist in your defense.

Sexual offenses in Texas are serious crimes with severe penalties. This guide covers the various sexual crimes, their definitions, punishment ranges, and registration requirements.

Quick Links

Sexual Assault
Aggravated Sexual Assault
Continuous Sexual Abuse of a Young Child or Children
Indecency with a Child
Sexual Performance by a Child
Online Solicitation of a Minor
Improper Relationship Between Educator and Student
Indecent Assault
Prohibited Sexual Conduct
Invasive Visual Recording
Possession or Promotion of Child Pornography
Trafficking of Persons
Compelling Prostitution
Sexual Coercion

Tough cases call for the toughest lawyers.

Sexual Assault

Definition: Non-consensual sexual penetration or contact. This includes:

  • Penetration of the anus or sexual organ without consent
  • Penetration of the mouth by a sexual organ without consent
  • Causing the sexual organ of another to contact or penetrate the mouth, anus, or sexual organ of another person without consent

Punishment: Second-degree felony, 2-20 years in prison and up to a $10,000 fine
Registration: Yes, lifetime registration as a sex offender
Statute of Limitations: 10 years
Learn more about Sexual Assault

Aggravated Sexual Assault

Definition: This charge involves sexual assault plus aggravating factors such as:

  • Causing serious bodily injury
  • Attempting to cause death
  • Using or exhibiting a deadly weapon
  • Administering drugs to facilitate the offense
  • Assaulting a victim under 14 years old

Punishment: First-degree felony, 5-99 years or life in prison and up to a $10,000 fine
Registration: Yes, lifetime registration as a sex offender
Statute of Limitations: No statute of limitations
Learn more about Aggravated Sexual Assault

Continuous Sexual Abuse of a Young Child or Children

Definition: Committing two or more acts of sexual abuse against a child under 14 over a period of 30 days or more
Punishment: First-degree felony, 25-99 years or life in prison and up to a $10,000 fine
Registration: Yes, lifetime registration as a sex offender
Statute of Limitations: No statute of limitations
Learn more about Continuous Sexual Abuse of a Young Child or Children

Indecency with a Child

Definition: Sexual contact with a child under 17 or exposure of genitals to a child with intent to arouse or gratify sexual desire
Punishment:

  • By contact: Second-degree felony, 2-20 years in prison and up to a $10,000 fine
  • By exposure: Third-degree felony, 2-10 years in prison and up to a $10,000 fine

Registration: Yes, lifetime registration as a sex offender
Statute of Limitations: 20 years after victim’s 18th birthday
Learn more about Indecency with a Child

Sexual Performance by a Child

Definition: Employing, authorizing, or inducing a child under 18 to engage in sexual conduct or a sexual performance
Punishment:

  • Second-degree felony if child is 14-17
  • First-degree felony if child is under 14

Registration: Yes, lifetime registration as a sex offender
Statute of Limitations: 20 years after victim’s 18th birthday
Learn more about Sexual Performance by a Child

Online Solicitation of a Minor

Definition: Using the internet to communicate in a sexually explicit manner with a minor or to solicit a meeting with a minor for sexual purposes
Punishment:

  • Third-degree felony if child is 14-16
  • Second-degree felony if child is under 14

Registration: Yes, lifetime registration as a sex offender
Statute of Limitations: 3 years
Learn more about Online Solicitation of a Minor

Improper Relationship Between Educator and Student

Definition: Sexual contact between an educator and a student in the same school district
Punishment: Second-degree felony, 2-20 years in prison and up to a $10,000 fine
Registration: Yes, lifetime registration as a sex offender
Statute of Limitations: 3 years
Learn more about Improper Relationship Between Educator and Student

Indecent Assault

Definition: Non-consensual touching of intimate parts or causing contact with bodily fluids for sexual gratification
Punishment: Class A misdemeanor, up to 1 year in jail and up to a $4,000 fine
Registration: No, not a registerable offense
Statute of Limitations: 2 years
Learn more about Indecent Assault

Prohibited Sexual Conduct

Definition: Sexual intercourse or deviate sexual intercourse with a close family member
Punishment: Third-degree felony, 2-10 years in prison and up to a $10,000 fine
Registration: Yes, lifetime registration as a sex offender
Statute of Limitations: 3 years
Learn more about Prohibited Sexual Conduct

Invasive Visual Recording

Definition: Recording or broadcasting an intimate area of another person without their consent
Punishment: State jail felony, 180 days to 2 years in state jail and up to a $10,000 fine
Registration: No, not a registerable offense
Statute of Limitations: 3 years
Learn more about Invasive Visual Recording

Possession or Promotion of Child Pornography

Definition: Possessing or promoting visual material depicting a child under 18 engaging in sexual conduct
Punishment:

  • Possession: Third-degree felony, 2-10 years in prison and up to a $10,000 fine
  • Promotion: Second-degree felony, 2-20 years in prison and up to a $10,000 fine

Registration: Yes, lifetime registration as a sex offender
Statute of Limitations: No statute of limitations
Learn more about Possession or Promotion of Child Pornography

Trafficking of Persons

Definition: Trafficking a person for forced labor or sexual conduct
Punishment: First-degree felony, 5-99 years or life in prison and up to a $10,000 fine
Registration: Yes, lifetime registration as a sex offender if the offense involves sexual conduct
Statute of Limitations: No statute of limitations
Learn more about Trafficking of Persons

Compelling Prostitution

Definition: Forcing someone into prostitution, with harsher penalties if the victim is under 18
Punishment: First-degree felony, 5-99 years or life in prison and up to a $10,000 fine
Registration: Yes, lifetime registration as a sex offender
Statute of Limitations: No statute of limitations if victim is under 18, otherwise 3 years
Learn more about Compelling Prostitution

Sexual Coercion

Definition: Threatening to reveal intimate visual material to coerce someone into sexual acts
Punishment: State jail felony, 180 days to 2 years in state jail and up to a $10,000 fine
Registration: No, not a registerable offense
Statute of Limitations: 3 years
Learn more about Sexual Coercion


Our criminal defense attorneys stand between you and the government

Offense Definition Punishment Registration
Sexual Assault Non-consensual sexual penetration or contact. Second-degree felony, 2-20 years in prison, and up to a $10,000 fine. Yes, lifetime registration as a sex offender.
Aggravated Sexual Assault Sexual assault with aggravating factors. First-degree felony, 5-99 years or life in prison, and up to a $10,000 fine. Yes, lifetime registration as a sex offender.
Continuous Sexual Abuse of a Young Child Two or more acts of sexual abuse against a child under 14 over 30+ days. First-degree felony, 25-99 years or life in prison, and up to a $10,000 fine. Yes, lifetime registration as a sex offender.
Indecency with a Child Sexual contact or exposure of genitals to a child under 17. Second-degree or third-degree felony, depending on the act. Yes, lifetime registration as a sex offender.
Sexual Performance by a Child Inducing a child under 18 to engage in sexual conduct or performance. Second-degree or first-degree felony, depending on the child’s age. Yes, lifetime registration as a sex offender.
Online Solicitation of a Minor Using the internet to communicate sexually with or solicit a minor. Third-degree or second-degree felony, depending on the minor’s age. Yes, lifetime registration as a sex offender.
Improper Relationship Between Educator and Student Sexual contact between an educator and a student in the same school district. Second-degree felony, 2-20 years in prison, and up to a $10,000 fine. Yes, lifetime registration as a sex offender.
Indecent Assault Non-consensual touching of intimate parts or contact with bodily fluids. Class A misdemeanor, up to 1 year in jail, and up to a $4,000 fine. No, not a registerable offense.
Prohibited Sexual Conduct Sexual intercourse with a close family member. Third-degree felony, 2-10 years in prison, and up to a $10,000 fine. Yes, lifetime registration as a sex offender.
Invasive Visual Recording Recording or broadcasting an intimate area of another person without consent. State jail felony, 180 days to 2 years in state jail, and up to a $10,000 fine. No, not a registerable offense.
Possession or Promotion of Child Pornography Possessing or promoting visual material of a child under 18 in sexual conduct. Third-degree or second-degree felony, depending on the act. Yes, lifetime registration as a sex offender.
Trafficking of Persons Trafficking a person for forced labor or sexual conduct. First-degree felony, 5-99 years or life in prison, and up to a $10,000 fine. Yes, lifetime registration as a sex offender if involving sexual conduct.
Compelling Prostitution Forcing someone into prostitution, with harsher penalties if under 18. First-degree felony, 5-99 years or life in prison, and up to a $10,000 fine. Yes, lifetime registration as a sex offender.
Sexual Coercion Threatening to reveal intimate visual material to coerce sexual acts. State jail felony, 180 days to 2 years in state jail, and up to a $10,000 fine. No, not a registerable offense.

The best criminal defense lawyers don't let a single moment define your life.

Sexual offense charges in Texas are extremely serious and can have life-altering consequences. The complexities of these cases require the expertise of seasoned attorneys who understand the nuances of Texas law and have a proven track record of success.

At Varghese Summersett, we bring decades of experience, Board Certified expertise, and a relentless approach to defending our clients against sexual offense allegations. Our team of former prosecutors turned defense attorneys knows how to navigate the legal system, challenge evidence, and fight for the best possible outcome in your case.

Don’t let a sexual offense charge derail your life. The stakes are too high to face these allegations alone or with inexperienced counsel. Take the first step towards protecting your rights and your future.

Call us today at 817-203-2220 for a confidential consultation. Our team of expert criminal defense attorneys is standing by to provide the aggressive, strategic defense you need. Don’t wait – the sooner you involve experienced legal counsel, the better your chances of a favorable outcome. Your future is on the line – make the call now.

Varghese Summersett

When people are severely injured or killed in a negligent accident case, their loved ones are also deeply impacted. Life, as they knew it, will also never be the same. This is where the concept of “loss of consortium” comes into play in personal injury (PI) cases.

In Texas, loss of consortium claims recognize the intangible but significant losses that spouses and family members suffer when their loved one’s life is drastically altered or cut short due to someone else’s negligence. This includes the loss of companionship, affection, guidance, and support essential to a thriving family relationship. Understanding and pursuing a loss of consortium claim can help families receive the compensation they need to cope with these profound changes.

In this article, the personal injury lawyers at Varghese Summersett explain loss of consortium in Texas, including who can seek loss of consortium, examples of loss of consortium, and how to prove loss of consortium in a personal injury case in the Lone Star State.

Loss of Consortium in Texas PI Cases

Loss of Consortium in Texas Personal Injury Cases

In Texas personal injury cases, “loss of consortium” refers to the significant impact a catastrophic injury or wrongful death has on the family members of the victim, particularly the spouse. This type of claim addresses the non-economic damages experienced due to the loss of companionship, emotional support, and intimacy that the injured person provided before the accident. It recognizes that when someone is severely injured or killed due to another’s negligence, their family members suffer not just financially, but emotionally and relationally as well.

A loss of consortium claim in Texas may include:

  1. Loss of Companionship: The emotional and social support that the injured person provided.
  2. Loss of Affection: The physical affection and love integral to family relationships.
  3. Loss of Sexual Relations: The physical intimacy that can no longer be enjoyed due to the injury.
  4. Loss of Household Services: The contributions the injured person made to household tasks and daily life.
  5. Loss of Parental Guidance: For children, the absence of the injured parent’s care, guidance, and nurturing.

To pursue a loss of consortium claim, the claimant must demonstrate how the injury has negatively affected their relationship with the victim. This often requires detailed testimony and evidence of the pre-accident relationship dynamics compared to the post-accident situation. Compensation for loss of consortium aims to acknowledge and address the profound personal losses experienced by family members in the wake of a serious injury or death.

What is Loss of Consortium in Texas PI Cases?

Who Can Seek Loss of Consortium in Texas?

In Texas, the primary individuals who can claim loss of consortium in a personal injury case are:

  1. Spouses

  • Spouses can claim loss of consortium for both non-fatal injuries and wrongful death of their partner.
  • This covers loss of affection, companionship, emotional support, and sexual relations.
  1. Children

  • Children can claim loss of consortium only for “serious, permanent and disabling” injuries or death of a parent.
  • This covers loss of a parent’s love, affection, protection, emotional support, care, and companionship.
  1. Parents

  • Parents can claim loss of consortium only for the wrongful death of a child.
  • They cannot recover for loss of consortium for non-fatal injuries to a child.

It’s important to note that Texas law specifically excludes certain relationships from loss of consortium claims:

  • Siblings are not eligible to file loss of consortium claims.
  • Stepchildren and stepparents cannot file loss of consortium claims unless there has been a legal adoption.
  • Other relatives or friends are not eligible for loss of consortium claims.

These claims recognize the deep emotional and relational impact that a severe injury or death has on close family members, beyond the financial losses. To succeed in a loss of consortium claim, the claimant must provide evidence of how their relationship with the injured or deceased person has been adversely affected.

Loss of Consortium is a Non-Economic Damage

  • Loss of consortium damages are classified as non-economic damages under tort law . This means they are not easily quantifiable like economic damages such as medical expenses or lost wages.
  • They are designed to compensate for abstract losses related to relationships and companionship rather than direct financial losses.
  • Loss of consortium damages aim to compensate for the deprivation of family relationship benefits due to injuries caused by another party’s negligence.
  • These damages can include loss of affection, companionship, emotional support, sexual relations, protection, care, and other intangible benefits of close family relationships
  • In Texas, loss of consortium claims can be filed by spouses, children (for loss of parental relationship), and parents (only in cases of a child’s death).
  • Calculating loss of consortium damages is often complex and subjective, as these losses are more abstract than economic damages.
  • There is generally no cap on the amount that can be awarded for loss of consortium in Texas, except in medical malpractice cases where non-economic damages are capped

Loss of consortium is categorized as a non-economic damage in Texas personal injury law, aimed at compensating for the intangible losses to family relationships caused by injuries or death due to negligence.

What is Loss of Consortium in Texas PI Cases?

Examples of Loss of Consortium

Loss of consortium claims encompass a wide range of emotional and relational losses that occur when a loved one is severely injured or dies due to someone else’s negligence. Here are some examples of how loss of consortium can manifest in different family relationships in Texas:

Spousal Relationship

  • Loss of Companionship
    Example: A husband whose wife is paralyzed in a car accident may miss the companionship and shared activities they once enjoyed, such as going on walks, traveling, or dining out together.
  • Loss of Affection and Intimacy
    Example: A wife whose husband suffers a traumatic brain injury may experience a significant reduction in emotional and physical intimacy, affecting their marital bond and overall relationship.
  • Loss of Household Contributions
    Example: A spouse who relied on their partner for specific household tasks, like childcare, cooking, or home maintenance, may struggle with the added responsibilities and loss of shared duties.

Parent-Child Relationship

  • Loss of Parental Guidance
    Example: Children whose parent suffers a debilitating injury may no longer receive the same level of guidance, support, and nurturing they relied on for their emotional and moral development.
  • Loss of Parental Involvement
    Example: A child may feel the absence of a parent who can no longer participate in important life events, such as school activities, sports events, or family outings, due to their injury.

Child-Parent Relationship

  • Loss of Companionship and Support:
    Example: Parents whose child is killed in an accident experience profound grief and the loss of the child’s companionship, support, and potential future achievements and milestones.
  • Loss of Care and Assistance:
    Example: As children grow, they often contribute to the family’s emotional and practical support system. The loss of a child’s assistance with daily tasks or the emotional comfort they provide can be deeply felt by parents.

These examples highlight the diverse and significant ways that loss of consortium can affect family members. Recognizing and addressing these losses in a personal injury case helps to provide a measure of justice and compensation for the profound impact on family relationships.

What is Loss of Consortium in Texas PI Cases?

Factors Considered in a Loss of Consortium Claim

In Texas, calculating damages for loss of consortium claims involves several nuanced factors. These include the age and health of the injured party, the severity and long-term consequences of their injury, and the impact on their financial and household contributions. Here’s a look at factors that may be considered:

  1. Age and health of the injured party
  2. The severity of the injury suffered by the victim
  3. Long-term consequences of the injury
  4. Recovery time and reduced life expectancy of the victim
  5. Victim’s financial contributions to the marriage or family
  6. Contributions the injured party made to the household before the injury
  7. Changes in the marriage or family relationships after the injury
  8. Stability and length of the marriage (for spousal claims)
  9. Living arrangements before the injury
  10. Activities shared before the injury
  11. Individual contributions to the family (such as homemaking, providing income, etc.)
  12. Family relationships at the time of the accident (e.g., was there marital discord, how active was the parent in the child’s life)
  13. How active the romantic relationship was (for spousal claims)
  14. Whether the accident led to divorce
  15. The victim’s tendency regarding emotional support
  16. Whether the victim suffered a devastating and permanent injury or death

For children’s claims specifically:

  1. The child’s age
  2. The nature of the parent-child relationship
  3. The impact on the child’s development and emotional well-being

It’s important to note that calculating loss of consortium damages can be complex and subjective, as these losses are often more abstract than economic damages. An experienced personal injury attorney can help gather and present evidence to support the claim and determine an appropriate value based on the specific circumstances of the case.

What is Loss of Consortium in Texas PI Cases?

Proving Loss of Consortium in Texas Personal Injury Cases

To prove loss of consortium in Texas, you generally need to demonstrate the following:

  1. A valid family relationship existed (spouse, parent-child, etc.)
  2. The injury or death was caused by the defendant’s negligence or wrongful act
  3. The injury or death resulted in a loss of consortium
  4. The claimant suffered damages as a result of that loss

Some key factors considered when proving loss of consortium include:

  • The stability and length of the marriage/relationship before the injury
  • The living arrangements prior to the injury
  • Activities shared by the couple/family before the injury
  • Individual contributions to the family (e.g. homemaking, income, childcare)
  • Age, health and life expectancy of the injured person
  • Severity and permanence of the injury
  • Impact on intimacy, affection, companionship, emotional support, etc.
  • Changes in family dynamics and relationships after the injury

Evidence that may be used includes:

  • Testimony from the claimant about changes in the relationship
  • Testimony from family, friends, coworkers about observed changes
  • Medical records detailing the injuries and prognosis
  • Expert testimony on the impact to the relationship
  • Financial records showing changes in household contributions
  • Photographs or videos showing family activities before and after

The claimant will likely need to answer personal questions about the intimate nature of the relationship during depositions or trial testimony. An experienced personal injury attorney can help gather appropriate evidence and present a compelling case for loss of consortium damages.

Loved One Injured or Killed Due to Negligence? Contact Us.

If your loved one has been severely injured or tragically killed due to someone else’s negligence, you deserve compassionate support and experienced legal representation. At Varghese Summerset, we understand the profound emotional and relational impact these incidents can have on families. Our dedicated team is here to help you navigate your loss of consortium claim and fight for the justice and compensation you deserve. Don’t face this difficult time alone. Contact us today at 817-203-2220 for a free consultation.

Hire our personal injury attorneys who do not settle for less.

Varghese Summersett

In Texas, the sobering reality of traffic safety is that a fatal car accident occurs approximately every 2 hours and 15 minutes. We have previously discussed the number of car accidents in Texas in general. In this article, we explore the frequency of fatal car accidents in Texas

The Grim Frequency of Texas Traffic Fatalities

In 2022, Texas reported 3,520 fatal crashes, resulting in 3,874 fatalities. To break this down:

  • On average, over 10 people died each day in car accidents in Texas.
  • There was nearly one death every 2 hours and 15 minutes.
  • A reportable crash occurred every 57 seconds.

These numbers paint a stark picture of the risks on Texas roads. To put it in perspective, in the time it takes to watch a typical movie, another life is likely to be lost in a Texas traffic accident.

Five-Year View of Car Accident Fatalities

To understand if this frequency is improving or worsening, let’s look at the data from 2018 to 2022:

  • 2018: 3,305 fatal crashes (1 every 2 hours 39 minutes)
  • 2019: 3,340 fatal crashes (1 every 2 hours 37 minutes)
  • 2020: 3,520 fatal crashes (1 every 2 hours 29 minutes)
  • 2021: 4,031 fatal crashes (1 every 2 hours 10 minutes)
  • 2022: 3,520 fatal crashes (1 every 2 hours 29 minutes)

Car Accident Fatalities in Texas

This data reveals a concerning trend. Despite fluctuations, the frequency of fatal accidents has generally increased over the past five years, with a peak in 2021 during the pandemic.

Texas vs. National Statistics

To contextualize Texas’s situation, let’s compare it to national figures:

  • In 2022, Texas accounted for about 9.1% of all traffic fatalities in the United States, despite making up only 8.8% of the U.S. population.
  • The fatality rate on Texas roadways was 1.44 deaths per hundred million vehicle miles traveled in 2022, higher than the national average of 1.35.
  • While nationally about 0.63% of reported crashes were fatal in 2022, in Texas, this figure was slightly higher at 0.64%.

These comparisons underscore that Texas faces a disproportionate challenge with traffic fatalities compared to the nation as a whole.

Where are fatal accidents taking place in Texas?

Most fatal accidents take place on state and national highways in Texas. This is followed by interestate highways and farm-to-market roads.

In contrast, City Streets and County roads exhibit moderate fatality rates, indicating a lower but still significant number of accidents. Tollways consistently report the lowest fatalities, suggesting these routes are relatively safer, despite higher speeds.

where are accidents taking place in texas

US Highways are part of a network of national highways using the “U.S.” route designator. They generally connect major cities and can run in a state or through multiple states. These highways go directly through towns. You’ll typically see a national highway marker with a white shield on a black sign.

An interstate highway often has more lanes, higher speeds, and fewer exits, and those exits are to off-ramps rather than intersecting roadways. Interstate highway signs are typically a blue shield with a red top and the interstate number at the center. Even-numbered interstates run west to east, and odd-numbered interstates run north to south.

US Highways (Highest Incidence of Fatalities)

  • Purpose: Connect cities and towns, serving as a secondary network to the Interstate System.
  • Design: May have traffic signals, intersections, and direct property access.
  • Examples: US-59, US-290.

Interstate Highways 

  • Purpose: Designed for high-speed, long-distance travel across multiple states.
  • Design: Limited-access roads with multiple lanes and no direct property access.
  • Examples: I-35, I-10, I-45.

State Highways

  • Purpose: Serve intrastate travel, connecting smaller towns and cities within a state.
  • Design: Vary from two-lane roads to multi-lane highways, often with direct access.
  • Examples: TX-6, TX-71.

Factors Contributing to Texas’s High Fatality Rate

Several elements may contribute to the frequent occurrence of fatal accidents in Texas:

  • Vast Rural Road Network: Rural roads often have higher speed limits and fewer safety features, increasing the risk of fatal crashes. These roads may lack adequate lighting, guardrails, and signage, making them more dangerous, especially at night or in poor weather conditions.
  • Higher Speed Limits: Some Texas highways have speed limits up to 85 mph, the highest in the nation. Higher speed limits can lead to more severe accidents because the impact force increases with speed. This also leaves less time for drivers to react to unexpected situations.
  • Lower Seat Belt Usage: In some areas of Texas, seat belt use is below the national average. Seat belts are one of the most effective ways to prevent fatalities in a crash. Lower usage rates mean more drivers and passengers are at risk of being seriously injured or killed in an accident.
  • Drunk Driving: Texas consistently ranks high in alcohol-impaired driving fatalities. Drunk driving significantly impairs a driver’s ability to operate a vehicle safely, leading to a higher likelihood of crashes. Texas’s large number of alcohol-related crashes contributes significantly to its fatality rate.
  • Distracted Driving: With the prevalence of mobile devices, distracted driving remains a significant issue. Activities such as texting, talking on the phone, or using in-car technologies divert attention from the road, increasing the risk of accidents. Texas has implemented laws to curb distracted driving, but it remains a prevalent problem.

These factors combine to create a challenging environment for traffic safety in Texas, necessitating continued efforts to improve road conditions, enforce traffic laws, and promote safe driving behaviors.

Efforts to Reduce Fatal Accidents

Given the frequency of fatal accidents, Texas has implemented various initiatives:

  • End the Streak ” Campaign: This initiative aims to raise awareness about daily traffic deaths in Texas. The campaign encourages drivers to commit to safe driving practices to end the streak of daily fatalities on Texas roads.
  • Enhanced Enforcement: Increased policing efforts target speed limit violations and seat belt non-compliance. By focusing on these high-risk behaviors, law enforcement agencies aim to reduce the number of fatal accidents.
  • Infrastructure Improvements: Texas has been focusing on improving road conditions, especially in high-risk rural areas. This includes adding safety features like better lighting, guardrails, and rumble strips to reduce the likelihood of accidents.
  • Education Programs: Targeting young drivers, these programs promote safe driving habits through school-based initiatives and public awareness campaigns. These programs often include simulated driving experiences and the consequences of unsafe driving.
  • Technology Integration: The state is also integrating advanced vehicle safety technologies, such as automatic emergency braking and lane departure warnings, to reduce the occurrence of accidents.

What Should You Do if You Lose Someone in a Car Accident?

As a resident of Texas or someone affected by a car accident, losing a loved one in such a tragic event can be devastating. In these situations, you may have the option to pursue a wrongful death claim to seek justice and compensation for your loss.

wrongful death car accident claims

What is a Wrongful Death Claim?

A wrongful death claim is a legal action brought against a person or entity whose negligence or wrongful act caused the death of another person. In the context of car accidents, this could involve reckless driving, driving under the influence, or other negligent behaviors.

Who Can Bring a Wrongful Death Claim?

In Texas, specific family members are entitled to file a wrongful death claim. These include:

  • The spouse of the deceased
  • The children of the deceased (including adopted children)
  • The parents of the deceased

If none of these relatives file a claim within three months of the death, the executor or administrator of the deceased’s estate may file, unless all of the eligible family members request that no wrongful death claim be brought.

Compensation in Wrongful Death Claims

Compensation in a wrongful death claim can cover a variety of damages, including:

  • Funeral and burial expenses
  • Medical expenses incurred prior to death
  • Loss of the deceased’s income and potential future earnings
  • Loss of companionship, care, and support
  • Mental anguish and emotional suffering

Tough cases call for the toughest lawyers.

Legal Support

Navigating a wrongful death claim can be complex, and it’s essential to have legal support to guide you through the process. At Varghese Summersett, we understand the profound impact of losing a loved one and are committed to helping families seek the justice and compensation they deserve.

If you’ve lost a loved one in a car accident, understanding your rights and the process of filing a wrongful death claim is crucial. This legal avenue allows you to hold the responsible parties accountable and secure financial support to help you through this difficult time. Consulting with a knowledgeable attorney can provide clarity and support as you navigate this challenging period.

Varghese Summersett

In Texas, the sobering reality of traffic safety is that a fatal car accident occurs approximately every 2 hours and 15 minutes. We have previously discussed the number of car accidents in Texas in general. In this article, we explore the frequency of fatal car accidents in Texas

The Grim Frequency of Texas Traffic Fatalities

In 2022, Texas reported 3,520 fatal crashes, resulting in 3,874 fatalities. To break this down:

  • On average, over 10 people died each day in car accidents in Texas.
  • There was nearly one death every 2 hours and 15 minutes.
  • A reportable crash occurred every 57 seconds.

These numbers paint a stark picture of the risks on Texas roads. To put it in perspective, in the time it takes to watch a typical movie, another life is likely to be lost in a Texas traffic accident.

Five-Year View of Car Accident Fatalities

To understand if this frequency is improving or worsening, let’s look at the data from 2018 to 2022:

  • 2018: 3,305 fatal crashes (1 every 2 hours 39 minutes)
  • 2019: 3,340 fatal crashes (1 every 2 hours 37 minutes)
  • 2020: 3,520 fatal crashes (1 every 2 hours 29 minutes)
  • 2021: 4,031 fatal crashes (1 every 2 hours 10 minutes)
  • 2022: 3,520 fatal crashes (1 every 2 hours 29 minutes)

Car Accident Fatalities in Texas

This data reveals a concerning trend. Despite fluctuations, the frequency of fatal accidents has generally increased over the past five years, with a peak in 2021 during the pandemic.

Texas vs. National Statistics

To contextualize Texas’s situation, let’s compare it to national figures:

  • In 2022, Texas accounted for about 9.1% of all traffic fatalities in the United States, despite making up only 8.8% of the U.S. population.
  • The fatality rate on Texas roadways was 1.44 deaths per hundred million vehicle miles traveled in 2022, higher than the national average of 1.35.
  • While nationally about 0.63% of reported crashes were fatal in 2022, in Texas, this figure was slightly higher at 0.64%.

These comparisons underscore that Texas faces a disproportionate challenge with traffic fatalities compared to the nation as a whole.

Where are fatal accidents taking place in Texas?

Most fatal accidents take place on state and national highways in Texas. This is followed by interestate highways and farm-to-market roads.

In contrast, City Streets and County roads exhibit moderate fatality rates, indicating a lower but still significant number of accidents. Tollways consistently report the lowest fatalities, suggesting these routes are relatively safer, despite higher speeds.

where are accidents taking place in texas

US Highways are part of a network of national highways using the “U.S.” route designator. They generally connect major cities and can run in a state or through multiple states. These highways go directly through towns. You’ll typically see a national highway marker with a white shield on a black sign.

An interstate highway often has more lanes, higher speeds, and fewer exits, and those exits are to off-ramps rather than intersecting roadways. Interstate highway signs are typically a blue shield with a red top and the interstate number at the center. Even-numbered interstates run west to east, and odd-numbered interstates run north to south.

US Highways (Highest Incidence of Fatalities)

  • Purpose: Connect cities and towns, serving as a secondary network to the Interstate System.
  • Design: May have traffic signals, intersections, and direct property access.
  • Examples: US-59, US-290.

Interstate Highways 

  • Purpose: Designed for high-speed, long-distance travel across multiple states.
  • Design: Limited-access roads with multiple lanes and no direct property access.
  • Examples: I-35, I-10, I-45.

State Highways

  • Purpose: Serve intrastate travel, connecting smaller towns and cities within a state.
  • Design: Vary from two-lane roads to multi-lane highways, often with direct access.
  • Examples: TX-6, TX-71.

Factors Contributing to Texas’s High Fatality Rate

Several elements may contribute to the frequent occurrence of fatal accidents in Texas:

  • Vast Rural Road Network: Rural roads often have higher speed limits and fewer safety features, increasing the risk of fatal crashes. These roads may lack adequate lighting, guardrails, and signage, making them more dangerous, especially at night or in poor weather conditions.
  • Higher Speed Limits: Some Texas highways have speed limits up to 85 mph, the highest in the nation. Higher speed limits can lead to more severe accidents because the impact force increases with speed. This also leaves less time for drivers to react to unexpected situations.
  • Lower Seat Belt Usage: In some areas of Texas, seat belt use is below the national average. Seat belts are one of the most effective ways to prevent fatalities in a crash. Lower usage rates mean more drivers and passengers are at risk of being seriously injured or killed in an accident.
  • Drunk Driving: Texas consistently ranks high in alcohol-impaired driving fatalities. Drunk driving significantly impairs a driver’s ability to operate a vehicle safely, leading to a higher likelihood of crashes. Texas’s large number of alcohol-related crashes contributes significantly to its fatality rate.
  • Distracted Driving: With the prevalence of mobile devices, distracted driving remains a significant issue. Activities such as texting, talking on the phone, or using in-car technologies divert attention from the road, increasing the risk of accidents. Texas has implemented laws to curb distracted driving, but it remains a prevalent problem.

These factors combine to create a challenging environment for traffic safety in Texas, necessitating continued efforts to improve road conditions, enforce traffic laws, and promote safe driving behaviors.

Efforts to Reduce Fatal Accidents

Given the frequency of fatal accidents, Texas has implemented various initiatives:

  • End the Streak” Campaign: This initiative aims to raise awareness about daily traffic deaths in Texas. The campaign encourages drivers to commit to safe driving practices to end the streak of daily fatalities on Texas roads.
  • Enhanced Enforcement: Increased policing efforts target speed limit violations and seat belt non-compliance. By focusing on these high-risk behaviors, law enforcement agencies aim to reduce the number of fatal accidents.
  • Infrastructure Improvements: Texas has been focusing on improving road conditions, especially in high-risk rural areas. This includes adding safety features like better lighting, guardrails, and rumble strips to reduce the likelihood of accidents.
  • Education Programs: Targeting young drivers, these programs promote safe driving habits through school-based initiatives and public awareness campaigns. These programs often include simulated driving experiences and the consequences of unsafe driving.
  • Technology Integration: The state is also integrating advanced vehicle safety technologies, such as automatic emergency braking and lane departure warnings, to reduce the occurrence of accidents.

What Should You Do if You Lose Someone in a Car Accident?

As a resident of Texas or someone affected by a car accident, losing a loved one in such a tragic event can be devastating. In these situations, you may have the option to pursue a wrongful death claim to seek justice and compensation for your loss.

wrongful death car accident claims

What is a Wrongful Death Claim?

A wrongful death claim is a legal action brought against a person or entity whose negligence or wrongful act caused the death of another person. In the context of car accidents, this could involve reckless driving, driving under the influence, or other negligent behaviors.

Who Can Bring a Wrongful Death Claim?

In Texas, specific family members are entitled to file a wrongful death claim. These include:

  • The spouse of the deceased
  • The children of the deceased (including adopted children)
  • The parents of the deceased

If none of these relatives file a claim within three months of the death, the executor or administrator of the deceased’s estate may file, unless all of the eligible family members request that no wrongful death claim be brought.

Compensation in Wrongful Death Claims

Compensation in a wrongful death claim can cover a variety of damages, including:

  • Funeral and burial expenses
  • Medical expenses incurred prior to death
  • Loss of the deceased’s income and potential future earnings
  • Loss of companionship, care, and support
  • Mental anguish and emotional suffering

Tough cases call for the toughest lawyers.

Legal Support

Navigating a wrongful death claim can be complex, and it’s essential to have legal support to guide you through the process. At Varghese Summersett, we understand the profound impact of losing a loved one and are committed to helping families seek the justice and compensation they deserve.

If you’ve lost a loved one in a car accident, understanding your rights and the process of filing a wrongful death claim is crucial. This legal avenue allows you to hold the responsible parties accountable and secure financial support to help you through this difficult time. Consulting with a knowledgeable attorney can provide clarity and support as you navigate this challenging period.

Varghese Summersett

In Texas, the sobering reality of traffic safety is that a fatal car accident occurs approximately every 2 hours and 15 minutes. We have previously discussed the number of car accidents in Texas in general. In this article, we explore the frequency of fatal car accidents in Texas

The Grim Frequency of Texas Traffic Fatalities

In 2022, Texas reported 3,520 fatal crashes, resulting in 3,874 fatalities. To break this down:

  • On average, over 10 people died each day in car accidents in Texas.
  • There was nearly one death every 2 hours and 15 minutes.
  • A reportable crash occurred every 57 seconds.

These numbers paint a stark picture of the risks on Texas roads. To put it in perspective, in the time it takes to watch a typical movie, another life is likely to be lost in a Texas traffic accident.

Five-Year View of Car Accident Fatalities

To understand if this frequency is improving or worsening, let’s look at the data from 2018 to 2022:

  • 2018: 3,305 fatal crashes (1 every 2 hours 39 minutes)
  • 2019: 3,340 fatal crashes (1 every 2 hours 37 minutes)
  • 2020: 3,520 fatal crashes (1 every 2 hours 29 minutes)
  • 2021: 4,031 fatal crashes (1 every 2 hours 10 minutes)
  • 2022: 3,520 fatal crashes (1 every 2 hours 29 minutes)

Car Accident Fatalities in Texas

This data reveals a concerning trend. Despite fluctuations, the frequency of fatal accidents has generally increased over the past five years, with a peak in 2021 during the pandemic.

Texas vs. National Statistics

To contextualize Texas’s situation, let’s compare it to national figures:

  • In 2022, Texas accounted for about 9.1% of all traffic fatalities in the United States, despite making up only 8.8% of the U.S. population.
  • The fatality rate on Texas roadways was 1.44 deaths per hundred million vehicle miles traveled in 2022, higher than the national average of 1.35.
  • While nationally about 0.63% of reported crashes were fatal in 2022, in Texas, this figure was slightly higher at 0.64%.

These comparisons underscore that Texas faces a disproportionate challenge with traffic fatalities compared to the nation as a whole.

Where are fatal accidents taking place in Texas?

Most fatal accidents take place on state and national highways in Texas. This is followed by interestate highways and farm-to-market roads.

In contrast, City Streets and County roads exhibit moderate fatality rates, indicating a lower but still significant number of accidents. Tollways consistently report the lowest fatalities, suggesting these routes are relatively safer, despite higher speeds.

where are accidents taking place in texas

US Highways are part of a network of national highways using the “U.S.” route designator. They generally connect major cities and can run in a state or through multiple states. These highways go directly through towns. You’ll typically see a national highway marker with a white shield on a black sign.

An interstate highway often has more lanes, higher speeds, and fewer exits, and those exits are to off-ramps rather than intersecting roadways. Interstate highway signs are typically a blue shield with a red top and the interstate number at the center. Even-numbered interstates run west to east, and odd-numbered interstates run north to south.

US Highways (Highest Incidence of Fatalities)

  • Purpose: Connect cities and towns, serving as a secondary network to the Interstate System.
  • Design: May have traffic signals, intersections, and direct property access.
  • Examples: US-59, US-290.

Interstate Highways 

  • Purpose: Designed for high-speed, long-distance travel across multiple states.
  • Design: Limited-access roads with multiple lanes and no direct property access.
  • Examples: I-35, I-10, I-45.

State Highways

  • Purpose: Serve intrastate travel, connecting smaller towns and cities within a state.
  • Design: Vary from two-lane roads to multi-lane highways, often with direct access.
  • Examples: TX-6, TX-71.

Factors Contributing to Texas’s High Fatality Rate

Several elements may contribute to the frequent occurrence of fatal accidents in Texas:

  • Vast Rural Road Network: Rural roads often have higher speed limits and fewer safety features, increasing the risk of fatal crashes. These roads may lack adequate lighting, guardrails, and signage, making them more dangerous, especially at night or in poor weather conditions.
  • Higher Speed Limits: Some Texas highways have speed limits up to 85 mph, the highest in the nation. Higher speed limits can lead to more severe accidents because the impact force increases with speed. This also leaves less time for drivers to react to unexpected situations.
  • Lower Seat Belt Usage: In some areas of Texas, seat belt use is below the national average. Seat belts are one of the most effective ways to prevent fatalities in a crash. Lower usage rates mean more drivers and passengers are at risk of being seriously injured or killed in an accident.
  • Drunk Driving: Texas consistently ranks high in alcohol-impaired driving fatalities. Drunk driving significantly impairs a driver’s ability to operate a vehicle safely, leading to a higher likelihood of crashes. Texas’s large number of alcohol-related crashes contributes significantly to its fatality rate.
  • Distracted Driving: With the prevalence of mobile devices, distracted driving remains a significant issue. Activities such as texting, talking on the phone, or using in-car technologies divert attention from the road, increasing the risk of accidents. Texas has implemented laws to curb distracted driving, but it remains a prevalent problem.

These factors combine to create a challenging environment for traffic safety in Texas, necessitating continued efforts to improve road conditions, enforce traffic laws, and promote safe driving behaviors.

Efforts to Reduce Fatal Accidents

Given the frequency of fatal accidents, Texas has implemented various initiatives:

  • End the Streak” Campaign: This initiative aims to raise awareness about daily traffic deaths in Texas. The campaign encourages drivers to commit to safe driving practices to end the streak of daily fatalities on Texas roads.
  • Enhanced Enforcement: Increased policing efforts target speed limit violations and seat belt non-compliance. By focusing on these high-risk behaviors, law enforcement agencies aim to reduce the number of fatal accidents.
  • Infrastructure Improvements: Texas has been focusing on improving road conditions, especially in high-risk rural areas. This includes adding safety features like better lighting, guardrails, and rumble strips to reduce the likelihood of accidents.
  • Education Programs: Targeting young drivers, these programs promote safe driving habits through school-based initiatives and public awareness campaigns. These programs often include simulated driving experiences and the consequences of unsafe driving.
  • Technology Integration: The state is also integrating advanced vehicle safety technologies, such as automatic emergency braking and lane departure warnings, to reduce the occurrence of accidents.

What Should You Do if You Lose Someone in a Car Accident?

As a resident of Texas or someone affected by a car accident, losing a loved one in such a tragic event can be devastating. In these situations, you may have the option to pursue a wrongful death claim to seek justice and compensation for your loss.

wrongful death car accident claims

What is a Wrongful Death Claim?

A wrongful death claim is a legal action brought against a person or entity whose negligence or wrongful act caused the death of another person. In the context of car accidents, this could involve reckless driving, driving under the influence, or other negligent behaviors.

Who Can Bring a Wrongful Death Claim?

In Texas, specific family members are entitled to file a wrongful death claim. These include:

  • The spouse of the deceased
  • The children of the deceased (including adopted children)
  • The parents of the deceased

If none of these relatives file a claim within three months of the death, the executor or administrator of the deceased’s estate may file, unless all of the eligible family members request that no wrongful death claim be brought.

Compensation in Wrongful Death Claims

Compensation in a wrongful death claim can cover a variety of damages, including:

  • Funeral and burial expenses
  • Medical expenses incurred prior to death
  • Loss of the deceased’s income and potential future earnings
  • Loss of companionship, care, and support
  • Mental anguish and emotional suffering

Tough cases call for the toughest lawyers.

Legal Support

Navigating a wrongful death claim can be complex, and it’s essential to have legal support to guide you through the process. At Varghese Summersett, we understand the profound impact of losing a loved one and are committed to helping families seek the justice and compensation they deserve.

If you’ve lost a loved one in a car accident, understanding your rights and the process of filing a wrongful death claim is crucial. This legal avenue allows you to hold the responsible parties accountable and secure financial support to help you through this difficult time. Consulting with a knowledgeable attorney can provide clarity and support as you navigate this challenging period.

Varghese Summersett

Penal Code 43.24 criminalizes the sale, distribution, or display of harmful material to a minor in Texas. It is not an offense you hear about a lot, but a recent news story has raised interest in this statute and how it can be used.

This week, NBC News revealed a two-year investigation into school librarians in Granbury, Texas, over allegations of providing allegedly harmful material to minors through library books. This article serves as an analysis—not of what books should be available in libraries—of only whether the criminal charge of “Sale, Distribution, or Display of Harmful Material to Minor” fits the alleged facts and, if it does, who could be held criminally responsible.

Here’s what we know: Chief Deputy Constable Scott London conducted a months-long investigation resulting in an 824-page investigative report targeting three school librarians in Granbury, Texas. The offense Deputy London wrote charging instruments for was Distributing Harmful Material to a Minor. The charges were turned down by the local district attorney.

The charging instrument drafted by Deputy London alleged violations under Texas Penal Code 43.24.

Penal Code 43.24 Explained

Penal Code defines “harmful material” as content appealing to minors’ prurient interests, offensive to community standards, and lacking social value for minors. It criminalizes knowingly selling or displaying such material to minors.

It makes the offense a Class A misdemeanor under most circumstances, but the charge is increased to a State Jail Felony if a minor is used to commit the offense.

common uses of display of harmful material statute

Common Applications of Penal Code 43.24

The statute is commonly used to prosecute:

  • Adults who sell pornographic magazines to teenagers.
  • Store owners who display explicit content where minors can easily see it.
  • Adults who send sexually explicit images to a minor.

can books qualify as harmful materials

Could Books Qualify as Harmful Materials?

Penal Code 43.24 addresses material without distinction between visual or any other type of material.  So the analysis focuses on whether the book is “harmful.”

How does Penal Code 43.24 define harmful material?

“Harmful material” means material whose dominant theme taken as a whole: (A) appeals to the prurient interest of a minor, in sex, nudity, or excretion; (B) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors; and (C) is utterly without redeeming social value for minors.

This definition is in the conjunctive, meaning for it to be illegal, the material must meet all three prongs of the definition.

3-Part Test Under Penal Code 43.24

Is the dominant theme one that appeals to prurient interests?

For a book to qualify under this definition, it must have a dominant theme that appeals to the prurient interest of a minor, in sex, nudity, or excretion. It would not be sufficient under this standard if such topics were included as a minor theme.

Is the material patently offensive to the adult community as a whole with respect to what is suitable for minors?

Second, the book must be patently offensive to the adult community as a whole with respect to what is suitable for minors. This is subjective and depends on community standards. What some consider offensive, others may view as educational or culturally significant.

Is the material utterly without redeeming social value for minors?

Third, the book must be utterly without redeeming social value for minors. At least some would argue the books that were at the crux of Deputy London’s investigation were recognized for their literary and educational value. The argument that a book is utterly or completely without redeeming social value for minors is a difficult one to make.

Affirmative Defense

Penal Code 43.25 also provides for an affirmative defense for prosecution “under this section that the sale, distribution, or exhibition was by a person having scientific, educational, governmental, or other similar justification.” School librarians could certainly be able to claim this defense.

An affirmative defense in Texas criminal law is a defense in which the defendant admits to the conduct but asserts a legal justification or excuse that negates criminal liability, such as self-defense.

can school librarians be prosecuted

Knowing the statute has an affirmative defense for educators, it is hard to imagine an investigator who had read the statute could pursue an investigation into librarians for months. An affirmative defense means that even if all the elements of the offense could be proven, the librarians still could not be punished. It also makes it understandable why the Hood County District Attorney declined to prosecute these charges.

To circle back to the question we set out to answer, no, the facts here do not provide a basis for criminal prosecution against librarians in Texas.


Can parents influence what books are in school libraries?

While librarians and other educators have been provided immunity to criminal prosecution under these facts, does that mean parents have no influence over what books are in a school library? Not at all.

In Texas, parents have several ways to influence which books are available in public school libraries:

School Board Meetings: Parents can attend and speak at local school board meetings, where policies regarding library materials are often discussed and decided. School board members are elected officials who represent the interests of the community.

Library Review Committees: Some school districts have committees that review library materials. Parents can sometimes volunteer or be appointed to serve on these committees to help review and recommend books.

Formal Challenges: Most school districts have a formal process for parents to challenge or request the removal of specific books from the library. This usually involves submitting a written request and participating in a review process.

Parent-Teacher Associations (PTAs): Active involvement in PTAs can give parents a voice in library and curriculum decisions. PTAs often work closely with school administration on various issues, including library content.

Direct Communication with Librarians: Parents can communicate directly with school librarians and administrators to express concerns or suggest books for inclusion or removal.

Surveys and Public Input Sessions: Some school districts conduct surveys or hold public input sessions to gather feedback from parents and the community about library materials.

By engaging in these processes, parents can have a significant impact on the selection of books in public school libraries in Texas.