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Varghese Summersett

Earlier this month, 55 people at the University of Texas in Austin were arrested at a pro-Palestine protest. Most were charged with criminal trespass, a Class B misdemeanor in Texas. The arrests occurred during a pro-Palestinian demonstration where students were demanding the university divest from companies supplying weapons to Israel for its strikes on Gaza. Since then, dozens of protests have been held at college campuses nationwide, including at the University of Texas at Dallas.

The Right to Protest in Texas

The right to protest in the United States is protected under the First Amendment of the U.S. Constitution, which states that “Congress shall make no law … abridging the freedom of speech or the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” This fundamental right ensures that individuals are free to express their opinions publicly and engage in peaceful protests without undue interference from the government.

Similarly, the Texas Constitution also safeguards the right to protest. Article I, sections 8 and 27 protect the “liberty to speak, write or publish … opinions on any subject” and “the right … to assemble.”

Freedom of Speech and Assembly Are Not Unlimited Rights

While the right to protest is protected under both the U.S. Constitution and the Texas Constitution, the government can impose certain limitations. These limitations generally relate to maintaining peace and public order and can regulate how, when, and where protests occur.

Time, Place, and Manner Restrictions

The government may impose time, place, and manner restrictions on protests, and these must be content-neutral restrictions that do not regard the content of the expression. Restrictions are considered content-neutral if they are not based on the content or viewpoint of the expression. The restrictions must be designed to address the needs of public order and safety without targeting the message being conveyed.

The University of Texas has created its own time, place, and manner restrictions here.

When are time, place, and manner restrictions permissible?

Here are the key conditions under which such restrictions are permissible:

  1. Narrowly Tailored: The restrictions must be narrowly tailored to serve a significant government interest. This means they should not be broader than necessary to achieve the government’s legitimate objectives.
  2. Significant Government Interest: The restrictions must advance a significant government interest, such as traffic control, public safety, or the prevention of disorder. This interest must be substantial and not a pretext for suppressing the expression itself.
  3. Content-Neutral: The restrictions must be unrelated to the content of the speech. They cannot be used to favor or disfavor any viewpoint or subject matter. For example, the government cannot impose a restriction that only applies to political protests but not to other types of gatherings.
  4. Ample Alternative Channels: The restrictions must leave open ample alternative channels for communication. Protesters must have adequate alternative means to convey their message, even if it is not their preferred or most effective method.
  5. Not Based on Viewpoint: The government cannot regulate or restrict speech based on its viewpoint. Even if the views expressed are unpopular or controversial, they are still protected under the First Amendment.
  6. Applied Equitably: The restrictions must be applied equitably to all groups, without discrimination. For instance, the government cannot allow one group to protest in a public space while denying another group the same opportunity based on the content of their message.
  7. Avoiding a Heckler’s Veto: The government cannot deny a permit or impose restrictions based on the anticipated reaction or hostility of counter-protesters. This is known as a “heckler’s veto” and is generally considered an invalid reason for restricting speech.

These principles ensure that while the government can regulate the logistics of protests to maintain public order, it cannot do so in a way that suppresses free expression based on its content. The restrictions must be justified without reference to the content of the regulated speech and must be the least restrictive means necessary to further the government’s content-neutral interests.

Free Speech Zones

Some colleges have attempted to restrict protests to designated “free speech zones,” but the law often supports the right of students to protest in open, public areas of campus. In 2019, Texas passed a free speech law that established all common outdoor areas at public universities as traditional public forums, allowing anyone to exercise free speech there, as long as their activities are lawful and do not disrupt the normal functions of the university. This law effectively prohibits public universities in Texas from confining free speech to small, designated zones.

Unprotected Speech

Certain types of speech, such as true threats, incitement to imminent violence, and unlawful conduct like civil disobedience, are not protected.

Intervention in Discriminatory Harassment

While free speech protections are broad, colleges may need to intervene when speech crosses into federal anti-discrimination law violations.

What charges could stem from a demonstration or protest?

Texas authorities can use various laws to break up a peaceful demonstration if certain conditions are met. These include:

Anti-Riot Law | Penal Code 42.02

Texas has specific laws that define and address rioting, primarily codified in the Texas Penal Code Section 42.02. According to this statute, a “riot” is defined as the assembly of seven or more persons resulting in conduct that either creates an immediate danger of damage to property or injury to persons, substantially obstructs law enforcement or other governmental functions or services, or by force, threat of force, or physical action deprives any person of a legal right or disturbs any person in the enjoyment of a legal right. Participation in a riot is considered a criminal offense.

Criminal Trespass | Penal Code 30.05

Even though a university is a public institution, the property is still owned by the university, which can set rules for its use. If a protest is held in an area not designated for public assembly or after being asked to leave, participants may be charged with criminal trespass. Texas law deems all outdoor common spaces a public forum, subject to any time, place, and manner restrictions adopted by the institution.

Obstruction of a Highway | Penal Code 42.03

A person commits an offense if they, without legal privilege or authority, intentionally, knowingly, or recklessly:

Obstruct a highway, street, sidewalk, railway, waterway, elevator, aisle, hallway, entrance, or exit to which the public or a substantial group of the public has access or any other place used for the passage of persons, vehicles, or conveyances.

Disobeying Orders to Move | Penal Code 42.03(a)(2)

Obstruction also includes disobeying a reasonable request or order to move issued by a person known to be or identified as a peace officer, a firefighter, or a person with authority to control the use of the premises under certain circumstances. The order to move must be based on the person obstructing a passageway, entrance, or exit. It wouldn’t apply to areas that are not public passageways.

Alternatively, the order can be used to maintain public safety by dispersing those gathered in dangerous proximity to a fire, riot, or other hazard. Riot is not specifically defined in the obstruction statute (Penal Code 42.03), but it is used and defined in the previous section. Penal Code 42.02 defines riot as mentioned above in the Anti-Riot Law statute.

For both obstruction generally and disobeying orders to move,  “obstruct” means to render impassable or to render passage unreasonably inconvenient or hazardous.

All the offenses listed above are Class B misdemeanors in Texas.

Class B Misdemeanor

Disorderly Conduct | Penal Code 42.01

Disorderly conduct in Texas can include making an offensive gesture or display in public that tends to incite an immediate breach of the peace or making unreasonable noise in a public place. Under these circumstances, Disorderly conduct is a Class C misdemeanor. It is punishable by up to a 500 fine and no jail time. However, a person can be arrested for this Class C misdemeanor to bring the charge against them.

Class-C-Misdemeanor-Texas

It’s important to note that while these laws exist, the application must be consistent with the First Amendment rights to free speech and assembly. The use of these laws to break up a peaceful protest should be a last resort and done in a way that minimally infringes on these constitutional rights.

Order to Disperse Required

Texas Penal Code 42.04 states that if an offense primarily involves speech, gathering to hear speech, or nonviolent expression — specifically offenses listed under Section 42.01(a)(5) for making unreasonable noise, Section 42.03 for obstructing a passageway, or Section 42.055 for disrupting funeral services — the law mandates a particular procedure to be followed before an individual can be arrested.

This order must be issued before any arrest can be made. It may be issued by peace officers (like police), firefighters, authority figures in control of the premises (like a building manager), or persons directly affected by the violation (like someone whose funeral service is being disrupted).

Further, a defense can be claimed if:

  • No Order Given: The person can argue that they were not given any order to remedy the violation, which is required before an arrest.
  • Unreasonable Order: The order given was unreasonable in scope, making it impractical or unfair to comply.
  • Order Obeyed: The individual promptly obeyed the order when given.

This is at least one order the University of Texas sent out:

order to disperse

What happened with the arrestees?

The Travis County Attorney’s office decided to drop charges against 46 of the 55 protesters due to deficiencies in the probable cause affidavits provided by law enforcement.

Why were the cases dropped?

The arrested protesters were charged with criminal trespass. Criminal trespass is not one of the charges for which the Order to Disperse and associated defenses under Penal Code 42.04 apply. Instead, criminal trespass depends on notice that entry was forbidden or that a person on the property was being asked to leave.

The notice above doesn’t say that certain individuals or groups of individuals were given notice to leave. The notice is asking the group to disperse. It is unclear at this point what other notices were issued, if any. For those wondering, yes, it is possible for the University to trespass a person criminally. Typically, this would involve giving the person a trespass warning and creating documentation that the trespass warning was issued so that in the future, there’s a record that a certain individual was no longer allowed on campus. This is also consistent with what the University has published, which states that the University may issue “a Criminal Trespass Warning and escort[] them off campus. If the person returns, they will then be subject to arrest.” While this is undoubtedly an atypical situation, for a criminal trespass charge to stick, there would have to have been notice and failure to comply with that notice to leave at the very least. Probable cause means that there are facts and circumstances based on reasonably trustworthy information that would lead a person of reasonable caution to believe that a crime is being committed. The County Attorney, by throwing out these cases, is saying that even at that low level of proof, all the elements of the charge had not been met.

What’s the University’s position today?

Notice to UT Students

Second Statement from UT

Varghese Summersett

Illegal Internet Search Attorney

When Is An Internet Search Illegal in Texas?

Google averaged 8.5 billion searches a day in 2022. That’s nearly 100,000 Internet searches every second. Anyone with a smartphone – just about everyone these days – has the information superhighway at their fingertips and access to almost anything. We search everything from directions to a restaurant to movie showtimes to the latest news on our favorite team. Some Internet searches, however, are illegal and could land you in trouble with law enforcement. In some cases, just searching certain topics could result in an arrest and legal issues.

If you are being investigated for an Internet computer crime, contact an experienced illegal internet search attorney as soon as possible. The team at Varghese Summersett includes Board Certified criminal defense attorneys with unmatched success for over three decades in North Texas.

What is illegal to search on the Internet in Texas?

Most of us know that possessing pornographic material involving juveniles under age 18 is against the law. And viewing child pornography online is against the law.

However, just searching for child porn on the Internet can be enough to result in a search warrant being executed at your home, or even an arrest. That’s right, just searching for underage pornography without viewing it can be enough for law enforcement to arrest you. It doesn’t matter if you didn’t download illegal material. An active search for child porn could indicate your intent to view or possess child porn to law enforcement officials. Police can use your search history to establish intent or conspiracy to commit a worse offense like possession of child pornography.

A Specific Example of Nationwide Arrests Without Proof of Downloading Illicit Materials

The Playpen investigation involved a child pornography trafficking site that was accessible through Tor, a network designed to anonymize internet usage. During the investigation, the FBO took control of the server and deployed a network investigative technique (NIT) to identify users who accessed the site instead of shutting it down. This technique allowed them to collect the IP addresses and the MAC addresses, host names, and operating systems of the machines that accessed the server.

The use of NIT was significant because it did not require the suspects to download any material to be identified. Accessing the server through Tor was enough for the FBI to capture the necessary information to trace the users. Individuals who merely accessed the site could be identified and were subsequently arrested without the need for them to have downloaded any illegal content. The legal argument was that by accessing the server, users demonstrated intent to engage with the prohibited material, which was enough for law enforcement to make nationwide arrests.

The topics you search and view online, including illegal material, are usually stored in your Internet browser cache. Legally, that can be categorized as possessing child pornography. The laws against child porn at the Federal and Texas levels are severe and can result in lengthy prison terms. Hiring a well-respected illegal internet search attorney is indispensable for a favorable outcome.

Illegal internet searches example

What is the Texas law on possessing or promoting child porn?

Texas Penal Code Sec. 43.26 addresses the possession or promotion of child pornography.

According to Texas law, an offense is committed if:

“the person knowingly or intentionally possesses or knowingly or intentionally accesses with intent to view, visual material that visually depicts a child under age 18 at the time the image was made who is engaging in sexual conduct.
AND
“the person knows that the material depicts the child as described” above.

What if I accidentally viewed child pornography?

Technically, inadvertently viewing illegal pornographic images or videos online is not a crime, but you could be forced to prove it was accidental if investigated by law enforcement.

Of course, child pornography, or at least material that could be construed as child porn, is sometimes viewed accidentally by Internet users searching for what otherwise is considered legal pornography involving adults. Under these circumstances, a person being investigated for a computer sex crime would be forced to explain how the viewing was accidental. This can be challenging to show and embarrassing and requires an illegal internet search attorney well-versed in cybercrime cases.

What if I’m accused of viewing child porn online?

If someone accuses you of viewing child pornography online, consult with a criminal defense attorney immediately.

Even if viewing the material was unintentional, having a lawyer guide you through an investigation is integral. Your future and freedom are too important. A child porn-related conviction could result in years in prison, hefty fines, and other collateral consequences.

If law enforcement officials open an investigation, they will likely confiscate your computers, smartphone, and other electronic devices. Investigators will examine your search history, stored files, and all of your online activities.

Take note: If you didn’t search for the alleged illegal material that instigated the investigation, any previous suspicious search history could be used against you. That’s another reason why seeking counsel from a top illegal internet search attorney is so important.

What about other illegal searches and material online?

Searches related to terrorism or acts of public violence often draw the attention of law enforcement and initiate an investigation and possible arrest.

It doesn’t matter if the person ever acted on the search material. If officials believe the person intends to carry out an act of terrorism or another illegal act, it could result in criminal charges. Certain internet searches could alarm law enforcement that illegal activity could be pending and start investigating.

Search topics such as illegally modifying weapons or creating explosives could be enough to put you in the crosshairs of law enforcement.

If you suspect you’re being investigated by law enforcement for your online activity, consult with an illegal internet search attorney. Don’t wait to be arrested. Contact Varghese Summersett.

What actions online are illegal in Texas?

The Texas Penal Code includes specific internet crimes, including the following:

  • Hiring a person for illicit or criminal purposes
  • Solicitation of a minor
  • Catfishing
  • Phishing
  • Torrent downloading copyrighted material
  • Online harassment
  • Impersonation
  • Breaching computer security
  • Unlawful decryption

What Internet material breaks Federal law?

States have different definitions of what constitutes illegal online content.

Federal law, however, spells it out for the entire country. Some Internet searches violate both federal and state laws.

Federal law prohibits searching the internet for the following:

  • Video and images of child sexual abuse or exploitation
  • Promoting terrorism or advocating terrorist acts
  • Promoting, inciting, or instructing crime or violence
  • Video and images of real violence, cruelty, and criminal activity

Internet crimes are defined in federal statutes, including the following:

Whether you’re facing state or federal charges, a conviction could bring severe consequences. Promptly consult with an illegal internet search attorney.

Is visiting a website that hosts child porn illegal?

Even if you didn’t intend to go to the site or did not know what it contained, it could still be grounds for a crime. Possession of child pornography does not have an intent element. Law enforcement can use your unique Internet Protocol address (typically referred to as your IP address) to trace your search and download behavior. If police find what they believe to be illegal internet activity, you could be arrested. If you are being accused of such, a dedicated illegal internet search attorney will offer a strategy to protect your freedom and your reputation.

What are the penalties for internet crimes in Texas?

Texas law prohibits producing, distributing, or possessing media depicting a person under age 18 engaging in sexual conduct.

What is considered sexual conduct? Texas law defines it as actual or simulated intercourse, masturbation, deviate sexual intercourse, sexual bestiality, lewd exhibition of the genitals, anus, or female breast, and sadomasochistic abuse.

Viewing or possessing child pornography is a third-degree felony in Texas. A conviction is punishable by two to 10 years in prison and a maximum $10,000 fine. Your freedom is at stake. You need a tough illegal internet search attorney fighting for your rights.

If you have a prior child porn conviction, it’s a second-degree felony, punishable by a maximum of 20 years in prison and a $10,000 fine.
Any subsequent conviction for child porn could result in a maximum sentence of 99 years.
The penalties for online sex crimes depend on the specific type of crime, the nature of the victim, and whether the defendant has a criminal history.

The penalties for Texas’ most common online sex crime charges include the following:

Class B misdemeanor: Maximum 180 days in jail, $2,000 fine
Class A misdemeanor: Maximum one year in jail, $4,000 fine
Third-degree felony: Two to 10 years in prison, $10,000 fine
Second-degree felony: Two to 20 years in prison, $10,000 fine
First-degree felony: Five years to life in prison, $10,000 fine

What are defense strategies against computer crime charges in Texas?

An experienced illegal internet search attorney will use every possible defense strategy at their disposal to defend their client. In the case of computer or online crimes, the defense could include the following:

Unaware: Some online computer crimes require that the defendant knew and intended to do what they did to be charged and convicted.

Identity theft: The defendant’s online identity or computer was hacked with a virus. According to antivirus software company McAfee, the online identity of 15 million Americans was stolen in 2021.

Coercion: The defendant was forced to commit a computer crime under threat of harm to themselves or a family member.

Have you been charged with computer crime? Call us.

Prosecutors often seek the maximum penalty for internet sex crimes, especially ones involving child pornography. Just being implicated in such a crime can ruin a person’s reputation and destroy lives. That’s why contacting an illegal internet search attorney at Varghese Summersett is vital.

Police need a warrant before searching your home or property. Make them get one, and don’t answer any questions without a lawyer. Contact one of our sex crimes defense lawyers. Cybercrime cases can be complicated and require experienced criminal defense attorneys with a strong understanding of the internet and computing. Our team has unmatched success in North Texas, defending clients in such cases. For a complimentary consultation with one of our attorneys, call us at 817-203-2220.

Varghese Summersett

It happens more often than you think. A married couple, once deeply in love, finds themselves essentially living separate lives. They become emotionally detached and disconnected and are more like roommates than romantic partners.

Referred to as a “silent divorce” — or an invisible or emotional divorce — this type of marriage is a complex dynamic where two people remain legally married, but one or both spouses have checked out of the relationship.

In this article, the experienced family law attorneys at Varghese Summersett explain the signs of a silent divorce, why couples may choose to stay in this type of relationship, and when it may be time to consider a permanent separation or legal divorce.

What is a Silent Divorce?

What is a Silent or Invisible Divorce?

A “silent divorce” or an “invisible divorce” generally refers to the same concept. Both phrases describe a situation where a married couple remains legally married but has effectively ended their emotional and often physical relationship. They live separate lives under the guise of a normal marital relationship without the formal process of a legal divorce. This can involve living in the same house with minimal interaction or even leading completely separate lives while still maintaining the legal status of marriage. The terms emphasize the lack of outward signs of discord that typically accompany a traditional divorce, making the separation “silent” or “invisible” to outsiders.

Signs of a Silent Divorce

8 Signs of a Silent Divorce

Identifying a silent, invisible, or emotional divorce can be challenging, as the signs are often subtle and slowly emerge over time. However, recognizing these signs is crucial for couples to address the issues in their relationship or to begin the process of healing or legal separation. Here are some key indicators that a couple might be experiencing a silent divorce:

1. Lack of Communication

Communication is the cornerstone of any relationship. In cases of silent divorce, conversations that once involved shared dreams and deep emotions turn into discussions about mundane, day-to-day tasks, if they happen at all.

2. Absence of Conflict Resolution

Every couple encounters conflicts, but in a silently divorcing marriage, these issues remain unresolved. There’s often a conspicuous avoidance of conflict, suggesting that one or both parties have disengaged and no longer consider the relationship worth the effort of resolving disputes.

3. Physical and Emotional Distance

An increasing physical and emotional gap between partners is a clear sign. This might include less physical affection, rarity of intimate moments, and a general feeling of living with a roommate rather than a life partner.

4. Separate Lives

When couples lead largely separate lives, including socializing without each other, pursuing separate hobbies, and maintaining distinct groups of friends, it can indicate a lack of shared interests and commitment.

5. Indifference

One of the most telling signs is indifference towards each other’s lives. Whether it’s a lack of interest in each other’s day-to-day activities or major life events, this apathy can signify emotional detachment.

6. Living in Separate Rooms

A significant indicator of a silent divorce is when spouses choose to sleep or live in separate rooms. This physical separation within the home often reflects the emotional distance that has grown between them.

7. Lack of Future Planning

Couples unsure about their relationship’s future often avoid making long-term plans together. This might include not planning vacations, hesitating to make joint financial decisions, or avoiding discussions about future goals.

8. Feeling Tied Down by Legal or Financial Reasons

Often, one or both partners feel that staying legally married is necessary despite a lack of emotional connection, often for financial reasons, insurance benefits, or social appearances.

Recognizing these signs can help couples understand the true state of their marriage. Whether they choose to work on their relationship or move towards a formal separation, addressing a silent divorce is the first step toward resolution. For those unsure how to proceed, consulting with a divorce attorney can provide guidance tailored to their specific situation.

 Reasons for a Silent Divorce

Why Couples Choose a Silent Divorce Over Legal Separation

Choosing a silent divorce, or choosing to remain legally married while effectively ending the marital relationship, can be motivated by a variety of complex and personal reasons. Understanding why some couples opt for this path instead of pursuing a formal legal divorce can provide insight into the dynamics of relationships and the pragmatic decisions couples face. Here are some common reasons:

Financial Considerations

One of the most significant factors in choosing a silent divorce is financial stability. Legal divorce can lead to financial strain due to the costs of separate residences, legal fees, and potential alimony or child support. Couples may also wish to preserve joint investments, retirement benefits, or manage debt more effectively together.

Insurance Benefits

Health insurance is a critical factor, especially in the United States where health care costs are high and insurance coverage is often tied to employment. Staying legally married allows one spouse to maintain coverage under the other’s insurance policy, which can be crucial if one partner has health issues or if there is no affordable alternative available.

Children’s Wellbeing

Some couples choose to maintain a silent divorce to provide a stable environment for their children. They may believe that keeping the family unit legally intact, despite emotional separation, can minimize disruption in their children’s lives and keep parenting arrangements straightforward.

Social and Religious Reasons

Cultural, social, or religious stigmas associated with divorce can lead couples to choose a silent divorce. In some communities, divorce may be looked upon unfavorably, prompting couples to avoid legal separation to maintain their social standing or comply with religious doctrines against divorce.

Complexity and Hassle of Divorce Proceedings

The process of getting a divorce can be lengthy, emotionally taxing, and complex. Some couples opt for a silent divorce to avoid the stress and confrontations that often accompany divorce negotiations and court proceedings.

Hope for Reconciliation

In some cases, couples may choose a silent divorce as a temporary measure, holding onto the hope that with time and space, they may reconcile and restore their relationship.

Privacy Concerns

Going through a public divorce process can expose personal details and conflicts to the public, especially in cases involving high-profile individuals or sensitive circumstances. A silent divorce allows couples to handle their separation discreetly and privately.

By choosing a silent divorce, couples can navigate their separation in a way that meets their specific needs and circumstances, though it’s important to recognize that this choice may also bring about its own set of challenges and complications.

When to Consider a Legal Divorce

Reasons a Legal Divorce Should Be Considered

Deciding to transition from a silent divorce to a permanent, legal divorce is a significant step. Recognizing when it’s time to make this change can help individuals move forward in their lives more healthily and productively. Here are some tell-tale signs that a permanent divorce should be considered:

Emotional and Physical Well-Being

If staying in the marriage is causing significant stress, anxiety, or depression, it might be time to consider divorce. Prioritizing mental and physical health is crucial, and a toxic relationship can have long-term negative effects on both.

Financial Independence

When one or both partners reach a point of financial independence where the disadvantages of remaining legally tied no longer outweigh the benefits, a legal divorce might be the logical next step. This can be particularly relevant when financial entanglements complicate personal financial goals or new relationships.

Entering a New Relationship

Starting a new romantic relationship can be the catalyst for making a silent divorce legal. Legal ties to a previous partner can complicate or hinder the development of a new, serious relationship, making divorce a necessary step.

Legal Complications

If legal issues arise that are complicated by the marriage—such as inheritance issues, tax complications, or legal liability—it may be prudent to consider a permanent divorce to simplify or resolve these matters.

Closure and Personal Growth

Sometimes, the lack of formal closure in a silent divorce can prevent individuals from fully moving on and experiencing personal growth. A legal divorce can provide psychological closure, allowing both parties to leave the past behind and focus on their futures.

Long-Term Plans and Commitments

If making long-term plans—like purchasing property, relocating, or making significant career changes—is being hindered by the status of being married, pursuing a legal divorce could clear the way for these commitments.

Children’s Stability and Clarity

For couples with children, the ambiguity of a silent divorce can sometimes create confusion and instability in the children’s lives. A legal divorce might provide clearer boundaries and structured arrangements that benefit the children’s emotional and psychological well-being.

Recognizing these signs can help individuals assess their situations more clearly and make informed decisions about whether to continue in a silent divorce or to move towards a permanent, legal separation. When considering such a significant change, consulting with a divorce attorney can provide valuable guidance tailored to the specific circumstances.

Speak to an Experienced Divorce Attorney Today.

If you are in an invisible divorce, then you are probably conflicted about whether you should legally separate or stay married. Speaking to an experienced divorce attorney can help provide the clarity you need to make the best decision for your future.

At Varghese Summersett, we have a team of skilled family law attorneys who can guide you through this challenging time and help you understand your options. Don’t let a silent divorce keep you from living your best life. Call 817-203-2220 today to schedule a consultation with a highly skilled divorce attorney.

Together But Apart: The Dynamics of a Silent Divorce

Varghese Summersett

Can you “quit” a jury?

The media is reporting that a “juror quit over the fear of being outed” in the historic Trump Hush Money Trial. Is it possible for a juror to quit?

First, it’s important to understand that a jury has not been empaneled in former President Trump’s case. They are still in jury selection. In regards to the juror who reportedly “quit,” this is a critically important factor.

Can a juror quit?

In the United States, once a juror is officially empaneled and sworn in for a trial, they cannot simply “quit” or voluntarily leave their duty without facing potential legal consequences. Jurors are expected to fulfill their civic duty unless the court excuses them for valid reasons.

Can a potential juror quit?

During the jury selection process, known as voir dire, potential jurors can be dismissed for various reasons, including personal hardships, biases, or conflicts of interest that might affect their ability to serve impartially. So, if the potential juror came forward and said they could not be fair or would consider something outside the evidence presented in the courtroom, they could be excused for cause. If the judge did not dismiss the potential juror for cause at that point, either side could use a peremptory challenge. So in essence, by speaking up and expressing a bias or outside influence that they could not set aside, a juror can effectively ensure they will not be on the jury.

Challenges for Cause vs. Peremptory Challenges

The difference between a challenge for cause and a peremptory challenge lies primarily in the reasons and justifications required for each during the jury selection process.

Challenge for Cause

A challenge for cause requires a specific, legally valid reason to disqualify a potential juror. This type of challenge is used when there is evidence that a juror may not be able to perform their duties impartially. Common reasons for a challenge for cause include:

  • Conflicts of interest, such as a relationship with someone involved in the trial
  • Pre-existing knowledge or strong opinions about the case that could prevent objective judgment
  • Inability to communicate effectively or understand the proceedings due to language barriers or disabilities
  • Demonstrable bias or prejudice against one of the parties involved in the trial
  • Judges must approve challenges for cause, and there is no limit to the number of these challenges a party can make, provided they can substantiate each one

Peremptory Challenge

Peremptory challenges, on the other hand, allow attorneys to exclude potential jurors without providing a specific reason or justification. However, these challenges are limited in number and cannot be used to discriminate based on race, ethnicity, or sex, as established by the Batson v. Kentucky decision. Peremptory challenges primarily aim to help attorneys shape the jury composition based on their instincts or strategic considerations about how jurors might react to the case.

How many jurors will serve in Trump’s hush money trial?

In Donald Trump’s hush money trial, the plan is to have 12 jurors and 6 alternates, so a total of 18 jurors will be selected. This is a high number of alternates and the setup is intended to ensure that there are sufficient jurors to continue the trial without interruption, even if some jurors must be excused during the proceedings.

What are alternate jurors, and what will they do in Trump’s trial?

Six alternate jurors are selected in the Donald Trump hush money trial. Alternate jurors are crucial in ensuring that the trial can proceed without interruption due to losing any of the main jurors. They listen to the evidence and are prepared to step in and replace any main juror who cannot continue due to illness, personal emergencies, or being disqualified during the trial. If an alternate juror replaces a main juror after deliberations have begun, the entire jury must start their deliberations over. This ensures that all jurors participating in the final deliberations have been present for all deliberative discussions.

What happens if a juror “quits” or just stops showing up?

Once a jury is empaneled, if a juror does not show up or “quits,” the court has several mechanisms to address the situation, ensuring the trial can proceed without undue disruption.

Legal Consequences for the Juror

If a juror fails to show up without a valid reason or attempts to quit mid-trial without being formally excused by the judge, they could potentially face legal penalties, including fines or other sanctions, depending on the jurisdiction’s laws regarding jury duty. It could be considered juror misconduct and would likely result in contempt of court.

Replacement with an Alternate Juror

If a juror is unable to continue serving due to illness, personal emergency, or other valid reasons, and the trial has not yet reached the deliberation stage, an alternate juror can be called upon to replace the original juror. This ensures that the jury remains at its full complement for the duration of the trial

Continuing with a Smaller Jury

In some jurisdictions, the trial can proceed with a smaller jury if jurors are reduced after the trial has begun and both parties agree to it. This is less common and typically requires the consent of both the defense and the prosecution.

Mistrial

If a juror leaves during deliberations and an alternate is unavailable or the departure significantly impacts the trial’s fairness, the judge may declare a mistrial. This would result in the trial being restarted with a new jury.

The primary reason a judge would seat so many alternate jurors in this case is to avoid the possibility of having to declare a mistrial or having to continue with a smaller jury.

The specific course of action depends on the timing of the juror’s departure, the availability of alternates, and the legal standards in the particular jurisdiction. The judge plays a crucial role in deciding how to proceed in such situations to maintain the integrity of the trial process.

Varghese Summersett

In the midst of a nation shifting its view on cannabis, one question arises: will Texas legalize marijuana? Some ask, “When will Texas legalize marijuana.” Texas has a long-standing history of having harsher marijuana laws than the rest of the country. While general sentiments around marijuana continue to evolve, there’s more at play in Texas than public opinion. In this article, we unpack the current debates and the political environment in Texas and discuss whether legalization will take root in the Lone Star State.

Marijuana Legalization in Texas: The High Points

  • Texas is one of 26 remaining states where marijuana is still illegal. Any amount of usable marijuana remains a jailable offense in Texas.
  • The most notable exception to criminalized marijuana possession is for prescribed medical purposes. Yet medical use in one state does not translate to approved medical use in Texas.
  • In recent years, Texas has adopted and expanded its Compassionate Use Program, which allows low-level THC cannabis for medical use under a narrow set of circumstances.
  • Public opinion in Texas shows significant support for legalizing recreational marijuana, but a key actor in the Texas legislature will almost single-handedly prevent marijuana from being legalized.
  • Federal legislation mirrored by Texas makes the prosecution of marijuana (and required distinction from hemp) an expensive proposition for prosecutors.
  • Any amount of delta 9 THC at a concentration greater than .3% outside of the plant is a felony offense in Texas.

Exploring the Current Cannabis Climate in Texas

The distinction between hemp and marijuana is an important one under federal and Texas law. This increases the cost of testing and prosecution in Texas. Similarly, while the state’s Compassionate Use Program allows low-THC cannabis for medical purposes, this provision is much narrower than most other states, and a “medical use card” from another state has no legal significance in Texas.

legalization of marijuana
Support for marijuana is growing in Texas.

Hemp and CBD: Legal Status

To make sense of the cannabis confusion in Texas, one must grasp the subtleties of hemp and CBD. House Bill 1325 was a game-changer, legally distinguishing hemp-derived products such as CBD, Delta-8, and Delta-9 THC from hemp, as long as they contain less than 0.3% THC. But don’t light up just yet—while you can legally enjoy these compounds in Texas, the issue of smokable hemp is still up in the air.

Compassionate Use in Texas

The Texas Compassionate Use Program (CUP) has undergone significant expansions since its inception in 2015, broadening its scope to include a wider array of qualifying medical conditions in subsequent years, particularly in 2019 and 2021. Initially established through Senate Bill 339 during the 84th Legislative Session, the program was designed to allow certain qualified physicians to prescribe low-THC cannabis to patients diagnosed with intractable epilepsy.

In 2019, the program experienced its first major expansion. House Bill 3703 was passed during the 86th Texas Legislature, updating the Texas Compassionate Use Act to permit board-certified specialists to prescribe low-THC cannabis to patients diagnosed with a broader range of conditions beyond intractable epilepsy. The list of qualifying conditions was expanded to include epilepsy, multiple sclerosis, autism, amyotrophic lateral sclerosis (ALS), terminal cancer, spasticity, and neurodegenerative diseases. This expansion marked a significant step forward in making medical cannabis more accessible to Texans suffering from a variety of debilitating conditions.

The program saw further expansion in 2021 when additional legislative changes were enacted. House Bill 1535, signed into law, modestly increased the THC cap from 0.5% to 1% and added post-traumatic stress disorder (PTSD) and all forms of cancer to the list of qualifying conditions. This adjustment in the THC cap and the inclusion of more conditions underlined the state’s ongoing efforts to refine and improve the program, making it more inclusive and responsive to the needs of patients.

compassionate use in texas

The Texas Department of Public Safety (DPS) has administered the CUP throughout these expansions. The DPS maintains the Compassionate Use Registry of Texas (CURT), a secure online registry of qualified physicians authorized to prescribe low-THC cannabis. CURT serves as a critical component of the program, ensuring that prescriptions are regulated and that patients can legally access low-THC cannabis from licensed dispensary organizations. In 2022 alone, there were 43,056 patients enrolled in the Compassionate Use Program.

When will Marijuana be Legalized in Texas?

Short answer: not as long as Dan Patrick is the Lieutenant Governor. As Lieutenant Governor, he can ensure this never becomes law in Texas. There’s no doubt his position is truly the most powerful political office in Texas. He has prevented marijuana reform in Texas on multiple occasions, and there’s no reason to expect that would change. Meanwhile, the Texas Attorney General is suing cities that are not enforcing marijuana laws. Until 2022, the Republican Party Platform supported decriminalization of marijuana. Former Republican Governor Rick Perry supported decriminalization of marijuana, pushing for alternative “drug courts” that offer treatment and softer penalties for minor offenses, emphasizing a move towards decriminalization by introducing policies that could reduce jail time for marijuana users. He signed cite and release policies into law that allow law enforcement officers to issue citations for certain low-level offenses, such as possessing small amounts of marijuana, instead of making an arrest. These policies aim to reduce the jail population for non-violent offenders and save law enforcement resources. Yet even in 2024, many jurisdictions don’t use cite and release at all.

Health Perspectives on Cannabis Legalization

In Texas, the numbers speak for themselves: a striking 22% of middle and high school students have tried marijuana at least once, and 14% are current users. However, like alcohol and tobacco, the effect of marijuana on youth is very different than it is when used by adults. According to the CDC, regular use of marijuana by youth is associated with an increased risk of mental health issues, such as depression and social anxiety, and more severe conditions like psychosis and schizophrenia, especially when use begins at an early age.

The Federal Stance on Cannabis

The health debate forms only part of the narrative. The federal government’s position on cannabis adds another layer of complexity. Despite state-level legalization efforts, marijuana remains a Schedule I controlled substance at the federal level, deemed to have no accepted medical use and a high potential for abuse. It’s a contradictory position that’s slowly shifting, with President Biden issuing executive actions to pardon individuals charged with simple marijuana possession, building on previous pardons.

The proposed States Act of 2023 aims to legalize marijuana by:

  • Bridging the gap between federal, state, and local government policies
  • Potentially removing marijuana from the federal Schedule of Controlled Substances for those over 21
  • Giving states the reins on legalization.

Cross-State Line Considerations

Traveling from Texas to a state where marijuana is legal—or vice versa—can lead to complex and often severe legal challenges. The disparities between state laws and federal prohibition mean that a Texan could find themselves in hot water for possessing or transporting a substance that’s legal just a few miles away. It is illegal to bring marijuana into Texas from another state, regardless of whether it was purchased legally elsewhere or if it’s for medical use. This includes individuals who have a layover in a Texas airport while traveling between two jurisdictions where marijuana is legal.

Summary

While Texas has expanded medical marijuana under the Compassionate Use Program and public support for legalization has increased, Texas is not in a place where efforts for major decriminalization or legalization will pass.

Varghese Summersett

More than a million tourists are expected to be in Texas to witness the total solar eclipse on April 8. The influx has prompted many counties and cities to issue local disaster declarations, and every law enforcement officer in the state will be on duty and high alert.

While officials expect eclipse tourists to be on their best behavior during their stay in the Lone Star State, some will undoubtedly find themselves on the wrong side of the law. After all, what’s legal in their state may be against the law in Texas.

To help visitors avoid legal pitfalls and ensure their eclipse experience is memorable for all the right reasons, we’ve compiled this handy guide to Texas laws.

Gun Laws

Texas has relatively permissive gun laws. Most people 18 or older can carry a handgun in a holster without a permit, both openly or concealed. However, there are restrictions on where you can carry a firearm, such as schools, courthouses, bars, and secured areas of the airport. Non-residents are permitted to carry a gun in Texas as long as they are legally licensed under their state and federal laws. So if you are planning on carrying a handgun, be sure to bring your permit, as Texas recognizes concealed carry permits from more than 40 states that have reciprocity with Texas.

Alcohol Laws

The legal drinking age in Texas is 21. However, people under the age of 21 can consume alcohol in the presence of an adult parent, guardian, or spouse. Of course, It’s illegal for anyone to drive while intoxicated – which is defined as having a blood alcohol concentration of .08 or more or not having normal physical or mental faculties due to an intoxicant. It’s also illegal for anyone to drive or ride with an open container of alcohol in the vehicle. Additionally, Texas has specific times when alcohol can be sold, which can vary by city or county.

Public Intoxication Law

It may be tempting for eclipse tourists to indulge in celebratory drinks during this once-in-a-lifetime event but don’t overdo it. Public intoxication is a crime in Texas. This offense occurs when a person is so intoxicated in public that they pose a danger to themselves or others. And while the punishment is a $500 fine, you will likely end up in jail to sober up.

Marijuana Laws

Marijuana is legal in many states across the country, but Texas is not one of them. Possession of marijuana is illegal in Texas, and penalties can be severe. For example, possession of two to four ounces is a Class A misdemeanor, punishable by up to a year in jail and a maximum $4,000 fine. Anything amount above that is a felony. And let’s not forget about vaping – a common way people are inhaling THC these days. In Texas, vaping THC is a felony, regardless of your age or the amount.

Trespassing Law

With the influx of tourists seeking the best spots to view the eclipse, it may be tempting to trespass on private property. This is against the law in Texas. It’s critical to respect property boundaries and signage, and to obtain permission before entering private land.

Smoking Laws

Smoking is banned in many public places in Texas and some cities have stricter regulations than others, so be mindful before lighting up. It is also illegal for people under the age of 21 to purchase, possess, use, or accept a cigarette, e-cigarette, or tobacco product in Texas.

Speeding Laws

Texas has some of the highest speed limits in the country, with certain highways allowing speeds up to 85 mph. However, speed limits can vary greatly depending on the area, so always pay attention to posted signs. Police will be in full force during the eclipse, and speeding can result in hefty fines and even jail time if they believe a motorist is driving recklessly.

Texting and Driving Law

Texting and driving is illegal in Texas. It is against the law to read, write or send a text while behind the wheel. Emailing, instant messages and posting to social media is also not allowed. However, using a hands-free device for a call is allowed for drivers over 18.

Seat Belt and Child Safety Seat Laws

Texas law requires all passengers in a vehicle to wear seat belts. Children under 8 years old or shorter than 4 feet 9 inches must be in a child safety seat. Failure to comply can result in fines ranging from $25 to $250.

Arrested Eclipse Tourists? Contact Us.

According to a new study, the Lone Star State will be the top destination for eclipse tourists. With so many visitors expected to flock to Texas, it’s inevitable that some will run into legal trouble.

Ignorance of the law is not a valid excuse in Texas. Telling the police you didn’t know something was illegal won’t get you out of a citation or arrest. That’s why it’s important to familiarize yourself with Texas laws before your visit and always err on the side of caution.

If you or a loved one do end up in handcuffs, it’s important to contact an experienced defense attorney as soon as possible. In fact, if you are visiting North Texas, go ahead and put the law firm of Varghese Summersett in your phone now: 817-203-2220.

Varghese Summersett

Varghese Summersett, one of the fastest-growing family law, personal injury, and criminal defense practices in North Texas, has expanded to Southlake with the opening of a third location.

The firm, which is headquartered in downtown Fort Worth and has a location in downtown Dallas, is now providing comprehensive legal services to clients in Southlake, Westlake, Trophy Club, and the surrounding areas.

Its newest location in the Kirkwood Oaks Business Center, 3120 Sabre Drive on the border of Southlake and Westlake, is strategically positioned to offer exceptional representation to clients who prefer to have legal matters handled close to home.

“The decision to expand to Southlake was driven by a growing demand for high-caliber legal services in the area,” said Benson Varghese, managing partner of Varghese Summersett. “This is a unique community with discerning clients who prioritize expertise, reputation, and personalized service.  Our firm is perfectly aligned to meet our clients’ highest expectations while helping them through life’s most difficult challenges.”

Varghese Summersett has three dedicated divisions — family law, personal injury, and criminal defense — each staffed with a team of attorneys and legal professionals. These teams are committed to delivering exceptional results and providing unmatched client experiences while maintaining the utmost discretion.

“Going through a legal matter is often an intensely private and emotionally taxing journey,” said Partner Anna Summersett. “Clients usually don’t want members of their social circle to see them walking into an attorney’s office on the town square. Our Southlake location was strategically selected for its privacy and convenience, providing a discreet yet accessible place for clients to meet with their attorney.”

While Varghese Summersett’s physical location in Southlake is new, many of the firm’s team members live in the area and are deeply invested in the community. Two attorneys leading Southlake’s family law division – Partner Wade Griffin and Senior Counsel Nicole Carroll – have been practicing in the area for decades, and Nicole is raising her children in Southlake.

“Our approach is deeply personal,” Carroll said. “We understand the impact that legal issues can have on an individual and their family, and we’re committed to providing not only legal expertise but also emotional support. This is particularly important in divorce and family law matters, which can affect every aspect of our clients’ lives.”

Southlake Family Lawyers

How to Get to Our Southlake Location

Divorce is difficult in any city, but it can be even more challenging in Southlake and Westlake, where personal and professional lives are interwoven within an affluent tight-knit community. 

We understand that discretion and privacy are paramount, which is why our Southlake location is tucked away, offering a secluded space for our clients to navigate their legal proceedings with minimal public exposure. 

In this video, we show you how to get to Varghese Summersett’s Southlake location, including parking options and access to the building.

About Varghese Summersett

Varghese Summersett is a premiere criminal defense, personal injury, and family law practice in North Texas dedicated to helping people through life’s greatest challenges. The firm’s roster is full of highly experienced, award-winning attorneys committed to providing exceptional legal services. Varghese Summersett has more than a thousand 5-star Google reviews and has been named a fastest-growing company by Inc. 5000. It has also been named a “DFW Favorite,” a “Best Place to Work,” and a “Best Place for Working Parents,” among numerous other accolades. Learn more about Varghese Summersett at versustexas.com.

Varghese Summersett Southlake

Varghese Summersett

As of 2024, sports betting is not legal in Texas despite efforts to change this. There have, however, been many efforts to legalize sports betting in the Lone Star State. It is also no secret that several billionaires see this changing in the future. In this article, we will explore the current state of sports betting in Texas and, perhaps more importantly, when sports betting might become legal in Texas.

Is sports betting legal in Texas?

Sports betting is illegal in Texas, and efforts to legalize it have faced significant challenges. Despite the federal ban on sports betting being lifted, allowing states to decide on their legalization, Texas has not successfully legalized sports betting.

When Will Texas Legalize Sports Betting?

Is it legal for someone in Texas to place a bet in another state?

A Texas resident can travel to a state where it is legal to place a bet, such as Nevada and place a bet while they are there. It is not legal for someone who is physically in Texas to place a sports bet in another state. Does that mean bets aren’t placed by Texans every day?

Are sports betting apps legal in Texas?

Sports betting apps are not legal in Texas. Apps like Bovada try to skirt this by operating outside the United States. Yet, for users in Texas, Penal Code Section 47.02 still applies. This prohibits bets on the partial or final result of a game or contest or on the performance of a participant in a game or contest. In other words, there is some risk that a person could be prosecuted for using an app to place bets online from Texas. With that said, in 15 years as a criminal lawyer in Texas, I have never seen a gambling prosecution based on a sports betting app. Other apps like Fliff try to skirt Texas law by offering “Fliff Coins” and “Fliff Cash” instead of dollars and cents directly as winnings. However, the Texas gambling law covers anything of value, so this would not be a successful defense.

What is the punishment for placing a sports bet in Texas?

The only silver lining is that gambling is a Class C misdemeanor in Texas, meaning it is not punishable by jail time. It is, instead, punishable by a maximum fine of $500. This also means that these types of offenses would be prosecuted by cities and generally not district attorneys or at the county level. Most cities don’t have the resources to prosecute these cases.

What efforts have been made to legalize sports betting in Texas?

In 2023, Texas saw legislative efforts aimed at legalizing sports betting. The Texas House of Representatives has shown some support for sports betting legislation, with bills such as HB 1942, which would legalize mobile sports betting, and HJR 102, which would establish brick-and-mortar casinos.

HJR 102 (2023)

House Joint Resolution 102 (HJR 102) was a legislative proposal in Texas aiming to create a constitutional amendment to legalize wagering on certain sporting events within the state. The resolution also stipulated that at least 98 percent of the net state tax revenue generated from sports wagering should be dedicated to property tax relief. The Texas House of Representatives passed HJR 102 on May 11, 2023, after it received enough votes following a third reading. Specifically, it needed a two-thirds majority, or 100 votes, to pass because it proposed amending the state constitution. It successfully garnered 101 votes out of a possible 143 during the vote. Despite the resolution passing in the House, Lt. Governor Dan Patrick’s opposition to the legislation was a critical factor in its demise in the Senate. Patrick, who presides over the Texas Senate, had indicated on multiple occasions that there was little to no support for expanding gambling, including sports betting, among Senate Republicans. Patrick had previously signaled that it might be “game over” for efforts to legalize sports betting and casino gambling in the state, citing “zero support” for such legislative proposals in the Senate. He had also made it clear that he would not bring the bill to the floor unless it had significant Republican backing, requiring consensus from at least 15 to 16 Republican senators.

HB 1942 (2023)

House Bill 1942, aimed at legalizing mobile sports betting in Texas, saw significant legislative activity but ultimately did not become law. The bill proposed to grant mobile gaming licenses to Texas’s 14 professional sports teams, which would then partner with mobile gaming operators to provide sports betting within the state. Despite gaining some momentum, including approval from the Texas House of Representatives and moving through the House Committee on State Affairs with a 9-3 vote, HB 1942 faced substantial obstacles. One of the major hurdles for HB 1942 was the opposition from key political figures, notably Texas Lieutenant Governor Dan Patrick. Despite the bill’s progress in the House, Patrick shut down any optimism for legal sports betting in 2023 by stating he would not call HB 1942 to the Senate floor for consideration.

However, these bills have not progressed in the Senate, and Governor Dan Patrick has been a notable obstacle to their advancement

When could it sports betting be legalized in Texas?

The Texas legislature meets biennially, which means that any new legislation would not be considered until the next legislative session in 2025.

Is it likely that sports betting will be legalized in 2025?

Dan Patrick will still be Lieutenant Governor in Texas in 2025. He was re-elected for a third term in November 2022. Patrick has announced his intention to seek re-election for a fourth term in 2026. If he wins and serves the full four-year term, he would be in office until at least January 2031. This would give him a total of 16 years in office, making him the second-most-tenured lieutenant governor in state history, behind former Lt. Gov. Bill Hobby, who served for 18 years from 1973 to 1991. If Lt. Patrick remains in office, barring an overwhelming push from Republican senators, it is unlikely that sports betting will become legal in Texas.

What efforts are underway to legalize sports betting in Texas?

Despite the challenges, there is some momentum and interest in legalizing sports betting in Texas. The state’s professional sports teams and owners, such as Jerry Jones of the Dallas Cowboys and Mark Cuban, who recently sold a majority stake in the Dallas Mavericks to Miriam Adelson of the Las Vegas Sands Corporation, have supported legalization.

Miriam Adelson: As the largest shareholder of Las Vegas Sands Corp. and a Republican megadonor, Miriam Adelson has been leading a push for gambling in Texas. Her family’s political action committee has contributed millions to Texas campaigns to support gambling legislation. Additionally, Las Vegas Sands Corp. has purchased around 100 acres of land near the old Texas Stadium site in Irving, which is speculated to be a potential site for a new Mavericks arena and casino resort.

Mark Cuban: The now minority owner of the Dallas Mavericks, Cuban has been a vocal proponent of sports betting and has expressed his desire to build a new arena for the Mavericks that includes a casino resort. Cuban’s partnership with the Adelson family, who purchased a majority stake in the Mavericks, is seen as a strategic move to influence gambling policy in Texas. Mark Cuban’s ownership of the town of Mustang, Texas, could potentially be advantageous if gambling is legalized in the state. Owning an entire town would give Cuban a significant amount of control over land use and development, which could be beneficial for establishing new business ventures, such as a casino, should the legal landscape change to permit such establishments.

Tilman Fertitta: Owner of the Golden Nugget casinos and the Houston Rockets, Fertitta has expressed interest in bringing resort-style casinos to Texas and has also been involved in efforts to change the state’s gambling laws.

Gambling and the Texas Constitution

The provision of the Texas Constitution that prevents gambling, including sports betting, is found in Article III, Section 47. This section is often referred to as the “anti-gambling” provision. It prohibits lotteries and gift enterprises, effectively banning most forms of gambling. The relevant part of the Texas Constitution states: “Lotteries and gift enterprises; bingo games. (a) The Legislature shall pass laws prohibiting lotteries and gift enterprises. Provisions enacted to authorize the conduct of state lotteries shall be implemented to prevent commercialized gambling, ensure the integrity of the games, and maximize the contribution of the lottery proceeds to the state in lieu of tax increases.”This constitutional provision requires any expansion of gambling, including sports betting, to be approved through a constitutional amendment process. This process involves a proposal by the Texas Legislature, which must be approved by a two-thirds majority vote in both the House and the Senate, followed by a majority vote in a statewide referendum

Varghese Summersett

Divorce and Marriage Counseling in Texas

Divorce is never ideal. After all, what couple anticipates their relationship failing? Unfortunately, divorce is often necessary when issues in the marriage can’t be resolved. And by the time one of the parties considers divorce, the chance that marriage counseling can save the relationship may have passed. Counseling, however, is often wise before making such a life-altering decision as divorce. And in Texas, a judge can actually order marriage counseling in divorce – albeit rare. This article answers the question, “Is marriage counseling required during a divorce in Texas?”

marriage counseling in texas

In this post, we’ll look at the role marriage counseling has during a divorce, the powers of a Texas judge, and what you should do if your spouse wants a divorce.

If you’re considering divorce, you need an experienced family law attorney on your side. The Varghese Summersett Family Law Group has 30 years of experience in North Texas, fighting for clients with expertise and compassion.

Does Texas require marriage counseling during a divorce?

No. But Texas Family Code Sec. 6.505 allows the court to direct both parties in a pending divorce to meet with a couples counselor. Although rare, it happens.

What does Texas law allow judges to order during a divorce?

Per the Texas Family Code, a judge can order a married couple to see a court-appointed counselor before approving a divorce. The counselor submits “a written report to the court and the parties before the final hearing.” The counselor’s report offers an opinion on “whether there exists a reasonable expectation of reconciliation of the parties and, if so, whether further counseling would be beneficial.” The counselor’s report helps the judge determine whether the divorce proceedings should continue pending further counseling. If the judge thinks there is a reasonable chance the marriage can be salvaged, the court, by written order, could require further counseling for a maximum 60-day period, “subject to any terms, conditions, and limitations the court considers desirable.” The law says “the court may consider the circumstances of the parties, including the needs of the parties’ family and the availability of counseling services,” not the court “shall.” This makes the decision of counseling wholly specific to each judge. When the court-specified time period expires, the counselor reports to the court as to the compliance of both parties. From there, the judge generally proceeds with the divorce process.

Can a Texas judge force you to stay married?

No. But in rare cases, a judge could delay your divorce. If the court-appointed counselor’s report finds there is a reasonable chance of reconciliation, the judge can order more counseling sessions for up to a 60-day period. Of course, after the 60-day period, the couple can choose to continue divorce proceedings.

When would a Texas judge order marriage counseling?

Although it’s rare, a family court judge could find a reason to order marriage counseling with a court-appointed counselor. If the judge believes neither spouse wants a divorce, he could order counseling to preserve the marriage. If the judge sees ways the couple could resolve their disputes without divorce, he could order counseling. If the judge believes preserving the marriage is integral to a child’s well-being, the couple could be ordered into counseling. Again, Texas judges rarely engage in this action. Couples do often agree, however, to counseling as a term of their temporary mediated settlement agreement.

Does Texas require counseling during a divorce if children are involved?

No, but if a judge orders marriage counseling during a divorce and children are involved, the judge can also order additional family-oriented counseling. Although it’s not mentioned in Texas Famly Code, counseling for children during a divorce can help them adjust during an often traumatic experience.

When would a Texas judge not require marriage counseling?

As we’ve pointed out, court-appointed marriage counseling is rare in Texas. And in some divorce cases, the judge wouldn’t even consider it there is a history of domestic violence, financial problems, or if there is no chance of it helping.

Domestic violence: If there has been any type of physical or mental abuse in the marriage, couples counseling is not going to help.

Health insurance: If the couple doesn’t have health insurance or the cash to pay for the counseling, the judge is unlikely to force the financial burden upon them.

Chances of helping: If at least one party is adamant about divorcing, counseling is unlikely to change their mind. Judges typically don’t seek out delays or extra expenses.

My spouse filed for divorce, but I want to stay married

Divorce can be one of the most emotionally difficult times in someone’s life. That’s especially true if your spouse wants a divorce, but you want to stay together. The first thing you need to do is hire an experienced family law attorney. You should also find a therapist. The family law attorney will help you navigate the legal process and protect your interest. A trained therapist will help you work through the emotions of the moment and teach you how to deal with the frustration and sadness often associated with a divorce.

Considering divorce? Call Varghese Summersett.

Whether you’re seeking a divorce or just found out your spouse wants out of the marriage, the end of a relationship can be devastating. Divorce can be one of the most unsettling periods of a person’s life. Having an experienced family law attorney at your side, minding the details to protect your interest, will help alleviate some of that burden. The Varghese Summersett Family Law Group is here for you with a team of skilled attorneys who will help you navigate the process. For a consultation, call us at 817-900-3220.

Varghese Summersett

There is nothing more terrifying than a wrong-way driver. Seeing headlights coming towards you at high speed, knowing you have no time to escape and that a crash is unavoidable, is a truly horrifying experience. For some, it is also a deadly one.

According to the AAA Foundation for Traffic Safety, about 500 people die nationwide in wrong-way crashes every year – and Texas leads the way. In 2022, Dallas County alone had at least 22 deadly wrong-way crashes. That’s a sobering statistic, especially when you consider that these crashes are entirely preventable.

The consequences of wrong-way driving can be devastating, not just for the drivers involved but also for their families and loved ones. If you have been injured or a loved one killed in a wrong-way wreck in Dallas, Fort Worth, or the surrounding areas, it’s important to seek help from an experienced North Texas wrong-way driver accident lawyer. You may be entitled to substantial compensation for medical expenses, lost wages, pain and suffering, and more.

In this comprehensive article, our personal injury lawyer explains wrong-way accidents, common causes of wrong-way car crashes, the process of recovering compensation, and how our law firm can help.

fatal wrong way accidents

Wrong-Way Collisions Are Often Deadly

A “wrong-way accident” occurs when a vehicle travels in the opposite or wrong direction to the flow of traffic on a roadway, typically on highways or freeways, and collides with a vehicle traveling in the correct direction. These accidents are often severe and can be fatal due to the high speeds typically the vehicles involved, and the head-on nature of many wrong-way collisions.

Wrong-way accidents can be caused by various factors, including driver impairment due to alcohol or drugs, lack of proper signage, or driver confusion or inattention.

According to the AAA Foundation for Traffic Safety, more than 2,000 people died in wrong-way driving crashes on divided highways between 2015 and 2018. Of that number, 309 fatalities occurred in Texas, giving the Lone Star State the unfortunate distinction of having the highest number of wrong-way driving fatalities in the nation. These accidents are not only costly in terms of lives lost but also result in significant financial losses, including property damage and medical and funeral expenses.

If you were injured or a loved one killed in a wrong way crash, it’s extremely important to reach out to an experienced wrong-way driver accident lawyer.

causes of wrong way accidents

Primary Causes of Wrong Way Accidents

Alcohol and Intoxication

Alcohol impairs a driver’s judgment, coordination, and reaction times. Consider these statistics by the National Transportation Safety Board (NTSB) and AAA Foundation for Traffic Safety:

  • More than half of all wrong-way drivers had blood alcohol levels more than twice the legal limit.
  • Six out of 10 wrong-way crashes involved an alcohol-impaired driver.
  • Drivers with blood alcohol concentrations over the legal limit of 0.08 were significantly more likely to be wrong-way drivers than non-alcohol-impaired drivers involved in the same crashes.
Blood Alcohol Concentration (grams per deciLiter) Number of Wrong-Way Drivers (%)
BAC < 0.01 1053 (36.0%)
BAC 0.01 – 0.49 62 (2.1%)
BAC 0.05 – 0.79 52 (1.8%)
BAC = 0.08 1757 (60.1%)

(Source: AAA Foundation for Traffic Safety)

This table highlights the relationship between the level of alcohol impairment and the likelihood of a driver going the wrong way. The data clearly shows that a significant majority – more than 60 percent – of wrong-way drivers had a BAC level that was above the legal limit of 0.08 grams per deciliter. This underscores the severe risk posed by alcohol-impaired drivers on the road.

The National Transportation Safety Board reported Texas had the highest number of wrong-way crashes in the nation. Between 2015 and 2018, the average number of wrong-way driver accidents that resulted in death was up 29 percent. On average, there were 77 fatalities attributed to wrong-way drivers.

Head On Crashes in Tarrant County

The Tarrant County Sheriff reported that 60 percent of fatal wrong way driver fatalities involved an intoxicated driver.

Fatigue and Drowsy Driving

Fatigue can reduce a driver’s ability to concentrate, slow reaction times, and impair decision-making. A drowsy driver might miss exit and entry signs or misinterpret road markings.

Age-Related Issues

Elderly drivers might experience confusion, especially in complex road situations. Their declining cognitive abilities and slower reaction times can contribute to wrong-way incidents. The data also shows that drivers over age 70 are more at risk of wrong-way driving than their younger counterparts.

Distractions

Distracted driving can lead to missing crucial signs or misinterpreting road situations. When drivers are looking at their phones, texting, programming the radio, or just not paying attention, it’s easy to make a mistake, like going the wrong way, which can lead to catastrophic or deadly wrong-way accidents.

Unfamiliar Roadways

Drivers unfamiliar with specific roads might inadvertently take wrong turns. This is especially true in areas with poor lighting, complex road layouts, or inadequate signage. So, when drivers are in unfamiliar territory, it’s important to pay close attention to the road signs and markings.

Road Signs and Designs

Some road designs can be confusing, especially at night or in low visibility conditions. When signs aren’t clear or intersections are poorly laid out, it’s easy for drivers to make a wrong turn or end up going the wrong way.

Road Defects

Poorly maintained roads, faded signs, or unclear markings can mislead drivers. When things are unclear, drivers can end up going the wrong way and cause head-on collisions. That’s why it’s crucial to have well-maintained roads and clear signage.

catastrophic injuries in wrong way accidents

Catastrophic Injuries in Wrong-Way Driving Collisions

Head-on collisions are among the most severe types of vehicular accidents due to the combined force of two vehicles colliding. Many wrong-way head-on collision accidents involve the loss of life. Even when a life is not lost, the injuries and losses sustained can be significant. Here are common car accident injuries associated with head-on collisions:

  • Traumatic Brain Injuries (TBI): The sudden impact can cause the brain to move within the skull, leading to concussions or more severe brain injuries.
  • Whiplash and Neck Injuries: The abrupt back-and-forth movement of the head can strain or damage the neck muscles and vertebrae.
  • Spinal Cord Injuries: The force of the collision can fracture, dislocate, or compress the vertebrae, potentially leading to paralysis.
  • Chest Injuries: These can range from bruises and contusions to broken ribs and internal injuries, often caused by the seatbelt or steering wheel.
  • Broken Bones: Arms, legs, wrists, and ankles are particularly vulnerable to fractures in head-on collisions.
  • Internal Injuries: The impact can damage internal organs, such as the lungs, liver, kidneys, and spleen.
  • Facial Injuries and Dental Trauma: These can result from the face hitting the steering wheel, dashboard, airbag, windshield, or shattered glass.
  • Lacerations and Abrasions: Shattered glass and metal can cause deep cuts or scrapes.
  • Psychological Trauma: Beyond physical injuries, victims may experience post-traumatic stress disorder (PTSD), anxiety, and depression.

proving negligence in a wrong way accident

Proving Negligence in a Wrong Way Accident

In Texas, as in many states, proving negligence is imperative in personal injury cases involving wrong-way wrecks. The burden lies with the victim (or the victim’s family in a wrongful death case) to demonstrate the wrong ways driver failed to exercise reasonable care on the road. But it’s also important to point out that other entities, in addition to the wrong-way driver, may also bear responsibility for the accident, such as government entities responsible for maintaining the road or a bar owner who overserved a customer who got behind the wheel.

To establish negligence, four elements must be proven:

  1. Duty: It must be shown that the defendant owed a legal duty to the plaintiff, such as the duty to drive in the correct direction and obey traffic laws.
  2. Breach: The plaintiff must demonstrate that the defendant breached this duty, for instance, by getting drunk and driving the wrong way on a roadway.
  3. Causation: The plaintiff must link the breach of duty directly to their injuries, proving that it was the defendant’s actions (or inactions) that caused the harm.
  4. Damages: Lastly, it must be proven that the plaintiff suffered actual damages, like physical injuries or property damage, as a result of the defendant’s negligence.

Collecting strong evidence is paramount in these cases. This may include photographs from the accident scene, witness testimonies, police reports, and video footage. In addition, consultation with accident reconstruction experts can also play a pivotal role in establishing the sequence of events leading to the wreck.

Once negligence is proven, victims of wrong-way wrecks in Texas can pursue compensation for their losses, including medical expenses, lost wages, pain and suffering, and more. It’s crucial to consult with an experienced wrong way driver car accident lawyer quickly after the wreck to ensure the proper preservation of evidence and to navigate the complexities of the legal process effectively.

The wrong way driver accident lawyers at Varghese Summerett Personal Injury Law Group can help. We are based in downtown Fort Worth, but handle wrong-way wrecks in Dallas and all of North Texas.

Wrong Way Wrecks and Intoxication Manslaughter

In Texas, when an intoxicated driver causes an accident that results in the death of another person, they can be charged with intoxication manslaughter, a second-degree felony. This charge can lead to severe penalties, including imprisonment for up to 20 years and significant fines.

A criminal case is independent of a personal injury case. When a criminal charge like intoxication manslaughter is involved, it can affect the timeline of a personal injury case. The criminal case usually takes precedence, and the personal injury case may be delayed until the criminal case is resolved. This is because evidence and findings from the criminal case can be used in the personal injury lawsuit.

Additionally, the outcome of the criminal trial can significantly impact the civil case, especially if the defendant is found guilty, as it can be used as evidence of negligence in the personal injury case.

compensation for wrong way accidents

Compensation for Wrong-Way Car Accidents

Victims of wrong-way driving accidents are often entitled to seek compensation for three types of damages: Economic Damages, Non-Economic Damages, and Punitive Damages.

Economic Damages

Economic damages are tangible and usually have a specific monetary value attached. They can cover:

Funeral Expenses: If the personal injury case involves a wrongful death, funeral expenses are a crucial component of economic damages and can cover the costs of burial or cremation, memorial services, and other related expenditures incurred by the family member of the deceased.

Medical Expenses: Treatment for injuries can lead to substantial medical bills, including hospital stays, surgeries, medications, and rehabilitation.

Lost Wages: Victims may be unable to work for an extended period, leading to lost income. Economic damage can include compensation for the earnings lost during recovery and, potentially, for future loss of earning capacity if the injuries are debilitating.

Property Damage: Head-on collisions often result in total vehicle loss, requiring repairs or complete replacement. Apart from the vehicle, personal items inside the car, like electronics or jewelry, might be damaged or lost.

Non-Economic Damages

Non-economic damages are intangible and relate to the pain and suffering experienced by the victim. They can include:

Pain and Suffering: This refers to compensation for the physical pain and emotional distress caused by the accident.

Loss of Consortium: This pertains to the negative effects the injuries have on the victim’s relationship with their spouse or partner. Damages for the impact of injuries on the relationship between spouses.

Emotional Distress: Emotion distress includes the psychological impact of the accident, including anxiety, depression, or PTSD.

Punitive Damages

Punitive damages are not awarded in every case but can be significant when granted. They are intended to punish the at-fault party for particularly egregious or reckless behavior and to deter similar conduct in the future. It is not uncommon for punitive damages to be awarded in a catastrophic or fatal wrong-way wreck.

When pursuing compensation after a wrong-way driving accident, it’s essential to have a knowledgeable attorney who can accurately quantify the damages incurred and advocate for a just settlement or verdict. The compensation received can play a crucial role in aiding the victim’s recovery and ensuring a semblance of justice is achieved after such a traumatic event.

Profile of a Typical Wrong-Way Crash

Wrong-way crashes on freeways have a distinct pattern. The most common origin of these incidents is the freeway exit ramp, where drivers inadvertently enter in the opposite direction. These crashes are notably more severe than other types, often resulting in death or grievous injuries.

Elderly drivers, surprisingly, are disproportionately involved in these wrong way driver accidents. Men are more frequently the wrong-way drivers than women. A significant portion, between 50 to 75 percent, involves drivers impaired by alcohol or drugs. These incidents predominantly occur during non-daylight hours, especially in the hours following midnight. These accidents frequently occur on freeway intersections and exit ramps, especially between midnight and 5 a.m., with a notable spike around 2 a.m. when bars close.

About two-thirds of the time, the drivers involved are intoxicated, often turning left onto an exit ramp mistakenly. These drivers are not just slightly over the limit; they are heavily inebriated, with blood alcohol levels often exceeding twice the legal limit.

Experience and Trust Matter
Experience and Trust Matter

Why You Need an Experienced Wrong Way Driver Accident Lawyer

When navigating through a personal injury or wrongful death case, especially one involving a wrong-way accident, having an experienced wrong-way driver accident lawyer is crucial. Here’s why:

Conducting a Thorough Investigation

Determining the direct or indirect causes of a wrong-way accident involves a thorough investigation that can be incredibly complex. This complexity arises from the necessity to meticulously scrutinize accident scenes, analyze reports, and review testimonies to establish the chain of events leading to the accident.

An experienced Texas wrong-way driver accident lawyer attorney can piece together the puzzle of causation and is well-versed in leveraging expert testimonies, including those from accident reconstructionists and medical professionals, to substantiate the claims. Without establishing clear causation, achieving a favorable resolution can be challenging.

Determining Liability

In Texas, the application of a modified comparative fault system can make determining liability intricate, especially in shared fault scenarios. This system necessitates a nuanced understanding of law, as it allows for the allocation of fault between involved parties, affecting compensation. An adept attorney will navigate through these complexities, gather pertinent evidence, and advocate effectively to ensure the client’s liability is accurately represented, maximizing the chances for a fair settlement or verdict.

Calculating Damages

Victims of wrong-way accidents have the right to claim both economic and non-economic damages, and potentially punitive damages. These damages can range from tangible losses like medical expenses and lost wages to intangible ones such as pain and suffering, and loss of companionship. In cases of gross negligence, punitive damages might be applicable to punish the wrongdoer and deter similar conduct. Experienced attorneys can meticulously document damages, negotiate assertively with insurance companies, and present compelling arguments in court to secure appropriate compensation.

Negotiation and Litigation

An experienced attorney is skilled in negotiations and can navigate the often-arduous process of dealing with insurance companies and opposing counsel. They are equipped with the necessary knowledge and expertise to present a robust case, whether it’s through settlement negotiations or, if necessary, taking the casse to trial to achieve justice and secure the rightful compensation for the victims.

Emotional Support and Guidance

The aftermath of a wrongful death or severe injury is emotionally taxing for the victims and their families. An empathetic attorney and legal team can provide much-needed support and guidance through the legal maze, ensuring that the clients are informed and supported every step of the way.

preventing wrong way accidents

Preventing Wrong-Way Accidents

Improving Roads and Signs

Surveys conducted across state Departments of Transportation (DOTs) revealed that most states employ standard signage like DO NOT ENTER and WRONG WAY to deter wrong-way entries. However, three states have adopted a novel approach by lowering these signs to make them more visible at night, within the vehicle’s headlight beam.

An in-depth analysis of wrong-way crashes in Texas from 1997 to 2000 highlighted that these incidents are five times more likely to occur during the early morning hours. Alarmingly, about half of these crashes led to incapacitating or serious injuries or death. Men were the predominant wrong-way drivers, and a staggering 61 percent were under the influence of alcohol or drugs.

Combating Driving While Intoxicated

Driving while intoxicated is a leading cause of wrong-way driving incidents. To combat this, raising public awareness about the dangers of drunk driving is crucial. Strict law enforcement, including sobriety checkpoints and rigorous penalties for offenders, can act as significant deterrents. Implementing ignition interlock devices for repeat offenders ensures that drivers are sober before operating a vehicle. Training bartenders and servers to recognize and refuse service to overly intoxicated patrons can prevent potential DWI situations. Lastly, promoting alternative transportation options, such as public transit and rideshare services, offers safe travel choices for those who’ve consumed alcohol.

Countermeasures, Treatments, and Recommendations

To address the wrong-way driving menace, various countermeasures and treatments were considered. Traditional measures encompass standard signage and pavement markers. Innovative solutions include the use of lowered, illuminated signs and pavement lights. Geometric modifications to the road and the integration of intelligent transportation systems were also evaluated. Based on the findings, several recommendations were made. These include the installation of reflectorized wrong-way pavement arrows, especially on left-side exit ramps, and prioritizing the maintenance of these arrows. There’s also a push for lowered signage in areas with high alcohol-related incidents and during nighttime. A pivotal recommendation is the establishment of a wrong-way crash monitoring system to track and address these incidents proactively.

Prevention and Detection

Efforts to curb wrong-way fatalities include basic driving principles, such as ensuring the yellow stripe is on the driver’s left and white stripes on the right. Raised pavement markers that reflect red when a vehicle is going the wrong way have been effective. Lowering “Do Not Enter” and “Wrong Way” signs to a few feet off the ground has also proven beneficial, especially for intoxicated drivers who tend to focus directly in front of them. Advanced measures include sensors and radar equipment that detect wrong-way movements, triggering alert systems like flashing lights or audible warnings.

Future Measures and Current Challenges

Research is ongoing to develop systems that can alert other drivers about the presence of a wrong-way driver by communicating directly with their vehicles. While TxDOT is reviewing the deployment of detection technology in the Dallas district, the City of Dallas is testing tools like reflective tape on sign poles and flashing lights on signs. In 2021, Texas saw a 15.2 percent increase in motor vehicle traffic fatalities from 2020, with 24 percent of those fatalities resulting from alcohol-impaired driving.

Hire an Attorney Experienced in Battling Insurance Adjuster Objections

Wrong-way accidents, while seemingly clear-cut in terms of liability, present unique challenges when dealing with insurance adjusters or companies. At first glance, you might assume that the driver traveling in the wrong direction is automatically at fault.

However, liability is not always as straightforward as it appears. Various factors can complicate the determination of fault, such as poor road signage, malfunctioning traffic lights, or even vehicle defects that might have contributed to the accident. The other driver’s insurance company might seize upon these complexities to dispute or diminish the liability of their policyholder, making it harder for the victim to secure a fair settlement.

Coverage issues further complicate matters. In Texas, like many states, drivers are required to carry minimum liability insurance. However, these minimum policy limits may not be sufficient to cover the significant losses often associated with wrong-way accidents, which tend to be more often severe car accidents due to the nature of head-on collisions.

For instance, if a driver carries only the minimum policy limits in Texas and causes a wrong-way accident resulting in serious injury, extensive medical bills, property damage, and other losses, the victim might find that the at-fault driver’s insurance coverage falls short of adequately compensating their damages.

Furthermore, even if a victim decides to sue the at-fault driver personally for the difference, they might encounter another challenge: the driver may be “judgment proof.” Being judgment-proof means that the individual does not have the financial assets or means to satisfy a court judgment. In such cases, even if the victim secures a favorable court judgment against the at-fault driver, they may never actually receive the full compensation awarded, as the driver simply lacks the funds to pay.

In light of these challenges, victims of wrong-way accidents must approach claims with a comprehensive understanding of both the intricacies of liability determination and the potential coverage pitfalls. Hiring an experienced wrong way driver accident lawyer is imperative in navigating these complexities and ensuring that victims receive the compensation they deserve.

preventing wrong way accidents

Parties and Entities Who Could Be Held Responsible for a Wrong-Way Collision

In a wrong-way wreck personal injury case, several entities can potentially be held responsible, depending on the circumstances surrounding the accident. Here are a few entities that might be held responsible:

The At-fault Driver

The driver who caused the accident by traveling in the wrong direction is typically the primary entity held responsible due to negligence or reckless driving.

Vehicle Owner

If the at-fault driver was operating another person’s vehicle with permission, the vehicle’s owner might also share some liability.

Employer

If the at-fault driver was operating a vehicle within the scope of employment at the time of the accident, the employer might also be held responsible under the legal doctrine of respondeat superior.

Automobile Manufacturers

If a defect in the vehicle contributed to the accident, such as a malfunctioning brake system, the vehicle manufacturer or parts manufacturer might be liable.

Government Entities

In some cases, a government entity may bear some responsibility if it can be proven that the wrong-way car accident resulted from poorly designed, constructed, or maintained roadways, or from inadequate signage.

Bars or Restaurants

If the wrong-way driver was intoxicated, the establishment that served the alcohol might be held responsible under dram shop laws if they served alcohol to a visibly intoxicated person.

Construction Companies

If road construction or maintenance work contributed to the confusion leading to the wrong-way driving, the company responsible for the work might be held liable.

Other Drivers

Sometimes, the actions of other drivers can contribute to the occurrence of a wrong-way wreck, making them partially responsible.

Pedestrians or Bicyclists

In rare instances, the actions of pedestrians or bicyclists might contribute to causing a wrong-way wreck, leading to potential liability

Determining liability in a wrong-way wreck personal injury case involves a thorough investigation and sometimes requires the expertise of accident reconstruction specialists. The identified responsible parties can vary based on the unique facts and circumstances of each case. An experienced personal injury attorney can help in identifying all potential liable parties, ensuring all avenues for compensation are explored.

How Varghese Summersett Can Help

fort worth personal injury lawyer contingency fee

Varghese Summersett Injury Law Group has the experience, resources, and tenacity to take on everyone who bears responsibility for a wrong-way crash that resulted in catastrophic injuries or a wrongful death.

We will actively investigate the cause of the accident, collaborate with experts to ascertain fault and liability, and fight to ensure that victims and their families receive the compensation they deserve.  Oftentimes, that can be accomplished through aggressive settlement negotiations. Other times, it means we must take the case to trial. We stand ready.

Most importantly, hiring our team will not cost you anything upfront or out of pocket. We work on contingency, which means that we only get paid after we recover a settlement or verdict for you.

If you or a loved one were involved in a wrong-way accident in Dallas, Fort Worth or the surrounding areas, call 817-207-4878 (HURT) for a free consultation with an experienced wrong-way driver accident lawyer.