Texas is the backbone of American industry. From oil refineries and chemical plants to manufacturing facilities and construction sites, industrial workers keep the economy running. But their jobs come with serious risks. Every year, thousands of Texas industrial workers suffer life-altering injuries or die due to hazardous conditions.

Industrial corporations often prioritize profits over worker safety, cutting corners on maintenance, training, and equipment. When companies fail to protect their employees, the consequences can be catastrophic—explosions, toxic exposure, and fatal falls. If you have suffered an industrial injury or lost a loved one,  you may be entitled to substantial compensation for medical or funeral expenses, lost wages, pain and suffering, and more.

In this article, our Texas industrial injury attorneys at Varghese Summersett give an overview of various types of industrial accidents, common injuries, who can be held liable, and how an experienced personal injury attorney can help.

Types of Industrial Accidents

An industrial accident is an unexpected event that occurs in a workplace, typically in an industrial setting such as construction sites, factories, warehouses, oil rigs, or manufacturing plants. These accidents often result in injuries, illnesses, or fatalities and can be caused by hazardous working conditions, equipment malfunctions, human error, or failure to follow safety protocols. Industrial accidents vary in severity, but many share common causes. Some of the most frequent types of industrial accidents include:

• Explosions and Fires: Oil refineries, chemical plants, and manufacturing facilities handle flammable materials daily. Poor safety protocols or equipment malfunctions can lead to devastating explosions and fires.
• Falls from Heights: Construction workers, scaffolders, and industrial laborers often work at significant heights. Faulty ladders, weak railings, or missing harnesses contribute to severe fall-related injuries.
• Machinery Accidents: Heavy machinery—like forklifts, conveyor belts, and assembly-line equipment—can cause crush injuries, amputations, and fatal accidents if not properly maintained or operated.
• Toxic Chemical Exposure: Industrial sites use hazardous substances that can cause immediate harm or long-term illnesses, including respiratory diseases and cancer.
• Electrocution: Unsafe electrical wiring, exposed power lines, and defective tools pose a constant electrocution risk for industrial workers.

Common Industrial Injuries

Industrial accidents often result in catastrophic injuries that leave workers unable to return to their jobs. Some of the most common industrial injuries include:

• Burns – Caused by fires, explosions, or chemical exposure
• Traumatic Brain Injuries (TBIs) – From falls, falling objects, or machinery accidents
• Spinal Cord Injuries – Caused by falls, crush accidents or falling objects
• Amputations – Due to machinery malfunctions or crush accidents
• Respiratory Diseases – From prolonged exposure to toxic chemicals
• Hearing Loss – Caused by constant exposure to high-decibel machinery
• Broken Bones and Crush Injuries – Resulting from falls, equipment malfunctions, or heavy object collisions

How Industrial Accidents Occur

Industrial accidents are a serious concern that can lead to severe injuries, long-term health consequences, or even fatalities. These incidents often occur due to a combination of negligence, unsafe working conditions, and inadequate training. In many cases, accidents are preventable if proper safety protocols are followed, equipment is well-maintained, and employees receive thorough training. However, when corners are cut or safety regulations are ignored, the likelihood of an accident increases significantly.

The most common causes of industrial accidents include:

• Poor Maintenance – Failing to repair or replace faulty equipment can lead to dangerous malfunctions, putting workers at risk of injury or exposure to hazardous conditions. Machines that are not regularly inspected may break down unexpectedly, causing catastrophic consequences.
• Lack of Proper Safety Gear – Many workplaces require protective equipment such as harnesses, helmets, gloves, or fireproof clothing. When this gear is missing or not used properly, workers are left vulnerable to falls, burns, or exposure to harmful chemicals.
• Inadequate Training – Operating heavy machinery, handling chemicals, or responding to emergencies all require specialized knowledge. When employees do not receive proper training, they are more likely to make mistakes that result in accidents.
• Overworked Employees – Fatigue is a major contributing factor to workplace accidents. Long hours, insufficient breaks, and demanding workloads can lead to impaired judgment, slower reaction times, and an overall increase in errors that put workers at risk.
• Unsafe Work Environments – Cluttered floors, unsecured scaffolding, poor ventilation, or hazardous substances left exposed can create dangerous conditions for workers. A lack of proper safety measures in the workplace can lead to slips, falls, chemical exposure, or structural collapses.

Industrial accidents not only affect the injured workers but also have broader consequences for businesses and society. Employers may face legal liability, financial losses, and reputational damage. Meanwhile, injured employees may struggle with medical expenses, lost wages, and long-term disabilities. Preventing industrial accidents requires a proactive approach, including routine safety inspections, strict adherence to regulations, and a workplace culture that prioritizes worker well-being.

Who Can Be Held Liable for Industrial Accidents?

In Texas, liability in industrial accidents can extend beyond just the employer, as multiple parties may bear responsibility for ensuring a safe work environment. Given the state’s significant industrial presence—including oil and gas, construction, and manufacturing—workplace accidents can have serious legal and financial implications. Texas law allows injured workers to pursue claims against various parties whose negligence contributed to the accident, especially when employer-provided workers’ compensation does not fully cover the damages.

Potentially responsible parties in an industrial accident may include:

• Employers – If an employer fails to maintain safe working conditions, disregards safety regulations, or does not provide adequate training, they can be held liable for accidents that occur on the job. In Texas, many employers subscribe to the state’s workers’ compensation system, which provides financial benefits to injured employees but also limits the ability to sue the employer directly. However, non-subscriber employers—those who opt out of the workers’ compensation system—can be sued for negligence.
• Manufacturers – If a defective piece of equipment, faulty machinery, or poorly designed safety gear contributed to an accident, the manufacturer may be held responsible under product liability laws. Injured workers may pursue claims for design defects, manufacturing flaws, or failure to provide adequate warnings or instructions.
• Contractors or Subcontractors – Many Texas industrial workplaces involve multiple contractors and subcontractors working alongside each other. If an independent contractor or subcontractor fails to follow safety protocols, disregards industry standards, or contributes to hazardous conditions, they may be held accountable for injuries resulting from their negligence.
• Property Owners – If an accident occurs on a job site due to dangerous property conditions—such as unsafe scaffolding, chemical exposure, or structural hazards—the property owner may bear responsibility, particularly if they were aware of the danger and failed to take corrective action.
• Third-Party Vendors – Industrial facilities often rely on external vendors for maintenance, inspections, and repairs. If an outside maintenance crew neglects safety protocols or improperly services equipment, they can be held liable for any accidents that occur as a result of their negligence.

Navigating liability in Texas industrial accidents can be complex, especially with multiple parties involved. Unlike many states, Texas does not require all employers to carry workers’ compensation insurance, which can open the door for personal injury lawsuits in cases of employer negligence. Additionally, third-party claims allow injured workers to seek compensation beyond what is covered by workers’ comp, holding negligent manufacturers, property owners, or contractors accountable.

Because Texas follows a modified comparative negligence rule, any party found to be more than 50 percent responsible for an accident may be barred from recovering damages. Due to these legal intricacies, injured workers should consult with an experienced attorney who can evaluate the circumstances of their case and pursue rightful compensation.

Workers’ Compensation vs. Personal Injury Claims in Texas Industrial Accidents

Texas has unique laws regarding workers’ compensation. Unlike most states, Texas does not require private employers to carry workers’ compensation insurance. This means:

• If your employer has workers’ compensation, you can file a claim but cannot sue them for negligence.
• If your employer does not have workers’ comp, you may have the right to file a personal injury lawsuit for negligence, which can provide greater compensation.
• If a third party (such as a contractor or equipment manufacturer) caused the accident, you can pursue a personal injury lawsuit regardless of workers’ comp status.

Proving Negligence in Industrial Accident Cases

To win an industrial injury case, your Texas industrial accident attorney must prove four things:

1. Duty of Care – The responsible party had a legal obligation to maintain a safe workplace.
2. Breach of Duty – The company, manufacturer, or contractor failed to uphold safety regulations.
3. Causation – The negligence directly caused the industrial accident.
4. Damages – The accident led to injuries, financial losses, or death.

Here’s a hypothetical example of how these elements might play out in an industrial accident case: John, a 42-year-old refinery worker in Texas, suffered severe burns and a spinal cord injury when a pressurized gas line exploded at his worksite. His employer, XYZ Refining Co., had been previously warned by inspectors about outdated pipes and faulty pressure valves but failed to make necessary repairs.

1. Duty of Care

XYZ Refining Co. had a legal obligation under OSHA regulations and Texas workplace safety laws to maintain a safe work environment. This included ensuring that all machinery, pipelines, and safety protocols were up to standard to prevent hazardous conditions.

2. Breach of Duty

Despite multiple warnings from safety inspectors and employee complaints about leaking gas, XYZ Refining Co. ignored maintenance recommendations. They failed to repair the outdated pipes, neglected to replace the faulty pressure valve, and did not provide proper safety training to workers on emergency shut-off procedures.

3. Causation

The explosion was a direct result of the company’s negligence. Had XYZ Refining Co. properly maintained the gas lines and valves, the accident would have been preventable. Investigators determined that the neglected equipment led to a pressure buildup, which ultimately caused the explosion that injured John.

4. Damages

John suffered third-degree burns, spinal cord trauma, and permanent mobility impairment. His injuries required multiple surgeries, extensive rehabilitation, and he lost his ability to work. His medical bills exceeded $500,000, and he faced emotional trauma and loss of future income.

Hypothetical Outcome

With the help of a Texas industrial injury attorney, John filed a personal injury lawsuit against XYZ Refining Co. His legal team presented OSHA reports, maintenance logs, and expert witness testimony to prove negligence. John was awarded economic, non-economic, and punitive damages for the company’s reckless disregard for safety. This case illustrates how proving negligence requires clear evidence that an employer failed to uphold safety regulations, leading to a preventable workplace accident.

Types of Compensation Available

Industrial injury victims may be entitled to several forms of compensation, depending on the severity of their injuries and the level of negligence involved. Compensation is designed to help victims recover financially, emotionally, and physically after an accident.

Economic Damages

Economic damages cover the tangible, financial losses suffered due to an industrial accident. These include:

• Medical Expenses – Covers hospital stays, surgeries, doctor visits, medications, rehabilitation, and ongoing care.
• Lost Wages – Compensation for time missed from work due to the injury.
• Loss of Future Earnings – If the injury prevents the victim from returning to work, they may be entitled to compensation for lost earning capacity.
• Rehabilitation Costs – Physical therapy, occupational therapy, and other medical services required for recovery.
• Home and Vehicle Modifications – If the injury leads to permanent disability, costs for wheelchair ramps, modified vehicles, or in-home medical assistance may be covered.

Non-Economic Damages

These damages compensate for intangible losses that impact the victim’s quality of life. This includes:

• Pain and Suffering – Compensation for the physical pain endured from the injury.
• Emotional Distress – Covers the psychological impact, including PTSD, depression, and anxiety.
• Loss of Enjoyment of Life – When the victim is unable to participate in hobbies, activities, or family life as they did before the accident.
• Loss of Consortium – Compensation for the negative effects of the injury on a victim’s relationship with their spouse or family.

Punitive Damages

Punitive damages are awarded in cases involving gross negligence or reckless disregard for worker safety. These damages serve as a punishment to the responsible party and a deterrent to prevent similar conduct in the future. Employers or third parties may face punitive damages if they:

• Knowingly ignored safety violations
• Failed to provide protective equipment
• Refused to fix hazardous workplace conditions
• Concealed known dangers from employees

If you or a loved one has suffered an industrial injury, seeking legal representation is crucial to ensuring you receive the maximum compensation available under Texas law.

How an Experienced Industrial Injury Attorney Can Help

If you have been injured or a loved one killed in an industrial accident, it’s important to contact an experienced Texas industrial accident as soon as possible. A skilled industrial injury attorney will:

• Investigate the accident and determine liability
• Collect crucial evidence, including OSHA reports and medical records
• Negotiate with insurance companies for fair compensation
• File a lawsuit if necessary and represent you in court
• Fight to ensure you receive maximum compensation

Speak to a Texas Industrial Injury Attorney Today

If you or a loved one has suffered a serious industrial injury, do not wait. Time is critical in these cases, and evidence can disappear quickly. Varghese Summersett has the experience and resources to take on major industrial corporations and fight for the justice you deserve. Call (817) 203-2220 or contact us online for a free consultation. If we take your case, we will work on contingency, which means you will never pay anything upfront or out-of-pocket. We only get paid after we recover compensation for you.

There was a record number of Houston traffic deaths last year, solidifying the city’s reputation as one of the most dangerous places in the nation for drivers, passengers, and pedestrians. According to a recent article in the Houston Chronicle, 345 people died on city streets in 2024 – an alarming 15 percent increase from the year before.

This is not just a statistic—it’s a crisis. Every one of these deaths represents a family left devastated, a community left mourning, and possibly a preventable tragedy that should have never happened. If someone you love has been killed on a Houston-area street, it’s imperative to contact an experienced Houston personal injury attorney as soon as possible.

In this article, our wrongful death attorneys discuss the primary causes of Houston traffic deaths, including pedestrian accidents, who can be held liable, and what family members should do to seek justice and compensation when tragedy strikes. But first, please watch this video by Ty Stimpson, who leads Varghese Summersett’s personal injury team.

Common Causes of Houston Traffic Deaths

Houston’s roads have become increasingly deadly, with a record number of traffic fatalities reported in 2024. Understanding the root causes of these tragedies is critical to preventing future accidents and holding negligent parties accountable. The most common causes of Houston traffic deaths include:

1. Drunk and Impaired Driving
Driving under the influence of alcohol or drugs continues to be one of the leading causes of fatal crashes in Houston. Impaired drivers have reduced reaction times, impaired judgment, and an increased likelihood of making deadly mistakes behind the wheel.

2. Speeding and Reckless Driving
Excessive speed is a major factor in fatal accidents, as it reduces a driver’s ability to react to sudden hazards and increases the severity of collisions. Reckless driving, such as aggressive lane changes, tailgating, and street racing, also contributes to the rising death toll.

3. Distracted Driving
With smartphones, in-car entertainment systems, and other distractions, many drivers are not fully focused on the road. Texting, talking on the phone, and even adjusting GPS settings can take a driver’s attention away for just a few seconds—often with deadly consequences.

4. Poor Road Conditions and Infrastructure Issues
Houston’s rapid growth has led to congested highways, poorly designed intersections, and dangerous pedestrian crossings. Inadequate lighting, potholes, and missing or unclear traffic signs also play a role in fatal accidents.

5. Pedestrian and Cyclist Vulnerability
Houston has long struggled with pedestrian safety. Many areas lack proper crosswalks, sidewalks, or bike lanes, forcing pedestrians and cyclists to navigate dangerous roadways. Drivers who fail to yield or watch for non-motorists contribute to the rising number of pedestrian and bicycle fatalities.

6. Running Red Lights and Stop Signs
Intersections are among the most dangerous places on Houston roads. Many fatal crashes occur when drivers run red lights, ignore stop signs, or fail to yield the right of way—often at high speeds.

7. Weather-Related Crashes
Houston’s unpredictable weather, including heavy rain and flash flooding, makes driving conditions hazardous. Many drivers fail to adjust their speed for wet or slick roads, leading to hydroplaning and loss of control.

8. Drowsy Driving
Fatigue-related crashes are on the rise, particularly among truck drivers and shift workers. A drowsy driver’s impairment can be just as dangerous as a drunk driver’s, with slowed reaction times and an increased risk of falling asleep behind the wheel.

9. Failure to Wear Seatbelts
Seatbelts save lives, but many fatal crashes in Houston involve passengers who were unrestrained. Not wearing a seatbelt significantly increases the likelihood of severe injury or death in a crash.

As Houston continues to grow, so does the risk on its roads. While many of these accidents could have been prevented, those responsible must be held accountable. If your loved one has been killed in a Houston traffic accident, an experienced personal injury attorney can help you pursue justice and compensation.

Houston Pedestrian Fatalities

In 2024, Houston experienced a significant increase in pedestrian fatalities, with 119 pedestrians losing their lives on city streets—a substantial portion of the 345 total traffic deaths that year. Notably, more than half of these pedestrian fatalities occurred on roads with speed limits of 45 mph or higher, and 44 pedestrians died on Houston interstates, surpassing the 43 driver fatalities in the same areas.

Several factors contribute to the high rate of pedestrian fatalities in Houston:

1. High-Speed Roadways: Many pedestrian deaths occur on high-speed roads where crossing safely is challenging due to fast-moving traffic.
2. Infrastructure Deficiencies: The absence of adequate crosswalks, sidewalks, and pedestrian signals forces individuals to navigate dangerous areas without proper safety measures.
3. Driver Negligence: Incidents of drivers failing to yield, speeding, or driving distractedly significantly increase the risk to pedestrians.
4. Limited Lighting: Poorly lit streets make pedestrians less visible to drivers, especially during nighttime hours.

In response to the rising number of pedestrian fatalities, the Texas Department of Transportation (TxDOT) launched the “Be Safe. Drive Smart” campaign in October 2024. This initiative aims to encourage drivers to slow down and remain vigilant for pedestrians, particularly during months with reduced daylight.

Despite these efforts, pedestrian fatalities remain a critical concern in Houston. If someone you love has been killed in a pedestrian accident, it’s essential to consult with an experienced Houston personal injury attorney to explore your legal options and seek justice for your loss. We offer free, no-pressure consultations. We also work on contingency, which means you only pay after we win your case. You will never pay anything upfront or out-of-pocket.

Legal Options for Victims and Families

When a loved one is killed traffic accident due to someone’s negligence, families have legal options to seek justice and compensation. At Varghese Summersett, our Houston personal injury attorneys fight for victims and their families in cases involving negligent drivers, unsafe road conditions, and corporate liability. Understanding the available legal avenues is crucial for ensuring accountability and financial relief during an incredibly difficult time.

Wrongful Death Claims in Houston Traffic Fatalities

Under Texas Civil Practice and Remedies Code §71.002, certain family members—including the spouse, children, or parents of the deceased—can file a wrongful death lawsuit against the party responsible for the fatal accident. A wrongful death claim seeks to compensate surviving family members for their profound loss. Potential damages may include:

• Funeral and burial expenses
• Lost financial support and income that the deceased would have provided
• Loss of companionship and emotional support
• Emotional pain and suffering endured by surviving family members

These claims are designed to hold negligent drivers, government agencies, and corporations accountable when their actions or inaction result in tragic and preventable fatalities.

Elements Required to Prove a Wrongful Death Claim in a Houston Traffic Death

To successfully pursue a wrongful death claim, the following four key elements must be established:

Duty of Care – The defendant (such as a negligent driver, trucking company, or government agency) had a duty to operate their vehicle or maintain the roadway in a safe and responsible manner.

Breach of Duty – The defendant failed to uphold this duty by acting negligently or recklessly, such as by speeding, running a red light, driving under the influence, or failing to provide safe pedestrian crossings.

Causation – The defendant’s actions or negligence directly caused the fatal accident. This may require evidence such as police reports, witness statements, and accident reconstruction analysis.

Damages – The family has suffered significant losses, including financial hardship, emotional distress, and other damages as a result of their loved one’s death.

Proving these elements requires thorough investigation, expert testimony, and a strong legal strategy, which is why having an experienced Houston wrongful death attorney is essential.

Survival Claims in Houston Traffic Fatalities

In addition to a wrongful death claim, Texas Civil Practice and Remedies Code §71.021 allows the victim’s estate to file a survival claim. Unlike wrongful death claims, which compensate surviving family members, a survival claim seeks damages on behalf of the deceased for losses they suffered before passing away.

These damages may include:

• Medical expenses incurred before death
• Pain and suffering endured before passing
• Lost wages if the victim survived for a period after the accident but later succumbed to their injuries

Survival claims ensure that the at-fault party is held accountable for all consequences of their actions, even if the victim did not pass away immediately.

Third-Party Liability in Houston Traffic Deaths

While many wrongful death cases focus on individual drivers, third parties may also bear responsibility for a fatal accident. Potential third-party claims include:

• Commercial or trucking companies – If a negligent truck driver caused the crash while working, their employer may be liable.
• Bars or establishments – Under Texas Dram Shop laws, businesses that over-serve alcohol to an already intoxicated person who then causes a fatal crash may be held responsible.
• Government agencies – If unsafe road conditions, poor traffic control, or a failure to maintain roadways contributed to the accident, the city or state could be liable.
• Auto manufacturers – If a vehicle defect, such as faulty brakes or airbag failure, played a role in the crash, the manufacturer may be legally responsible.

Identifying all responsible parties is crucial to maximizing compensation and ensuring full accountability.

What to Do If Your Loved One Was Killed in a Houston Traffic Accident

Losing a loved one in a sudden traffic accident is heartbreaking, and the emotional toll can be overwhelming. While no amount of compensation can bring them back, taking the right legal steps can help protect your family’s future and ensure those responsible are held accountable. If your loved one was killed in a Houston traffic accident, here’s what steps to take:

1. Obtain a Copy of the Police Report – This document is essential for understanding the details of the accident, including statements from witnesses and any citations issued to the at-fault party.
2. Preserve Evidence – If possible, collect photos and videos of the accident scene, vehicle damage, road conditions, and any other relevant factors. Surveillance footage, dashcam recordings, and 911 call logs can also provide critical evidence.
3. Identify Witnesses – Witness testimony can be crucial in determining fault and strengthening your claim. If anyone saw the accident happen, try to get their contact information.
4. Consult an Experienced wrongful death Attorney – A skilled Houston wrongful death lawyer will handle every aspect of your case, from investigating the accident to negotiating with insurance companies and pursuing legal action if necessary. They will work tirelessly to secure the compensation your family deserves.
5. Don’t Speak with Insurance Adjusters Without Legal Representation – Insurance companies often attempt to minimize payouts or shift blame. Let your attorney handle all communications to ensure your rights are protected.
6. Take Action Quickly – Texas law imposes a strict two-year statute of limitations on wrongful death claims. Failing to act within this timeframe could jeopardize your ability to recover compensation.

Navigating a wrongful death claim can be complex, but you don’t have to go through it alone. Contact our Houston wrongful death attorneys today for a free consultation. We will guide you through the legal process and fight for justice on behalf of your loved one.

Get the Justice Your Loved One Deserves – Contact Us Today

Losing a loved one in a preventable traffic accident is devastating, but you don’t have to face this fight alone. At Varghese Summersett, our compassionate and experienced wrongful death attorneys will stand by your side, guide you through the process, and pursue the justice and compensation you deserve for the death of your loved one.

Call us today for a free, no-obligation consultation. We will thoroughly evaluate your case, explain your legal options, and take immediate action to hold the responsible parties accountable. Your family’s future matters—let us help you protect it.

Tom Welling, the 47-year-old actor best known for portraying Clark Kent in the Superman prequel series Smallville, was recently arrested for driving under the influence (DUI) in Yreka, California. The arrest took place just after midnight on January 26, 2025, in an Arby’s parking lot.

The case raises an interesting legal question that frequently comes up in DWI cases at our Texas criminal defense firm: If Welling was parked when officers found him, could he still be considered “driving” for the purposes of a DUI arrest?

While his case will be handled under California law, we’ll explore how a similar scenario might play out in Texas. In Texas, the term “Driving While Intoxicated” (DWI) can be misleading—because a person doesn’t actually have to be driving to be charged. Instead, the law focuses on whether the individual was operating a vehicle.

In this article, the criminal defense attorneys at Varghese Summersett break down what constitutes the operation of a vehicle under Texas law, how it applies to DWI cases, and whether someone in Welling’s situation could face similar charges in the Lone Star State.

We’ll be watching to see how the Smallville Star’s DUI arrest unfolds in California.

Operation of a Vehicle in Texas DWI Cases

When most people think of Driving While Intoxicated in Texas, they imagine someone behind the wheel, actively driving. However, the term “DWI” is somewhat of a misnomer. A person does not actually have to be driving a vehicle to be charged with DWI in Texas. Instead, they must be operating a vehicle while intoxicated. The legal elements of a DWI charge in Texas are:

• The defendant;
• On or about a particular date;
• Operated;
• A motor vehicle;
• In a public place;
• While intoxicated.

Notably, “driving” is not one of the required elements. Instead, a prosecutor must prove that the person was operating the vehicle. This is why prosecutors often emphasize “putting the defendant behind the wheel.” With serious consequences on the line, securing the best possible legal defense is critical if you have been accused of DWI where operation is an issue.

Smallville Star’s DUI Arrest: Would it Have Happened in Texas?

If the Smallville Star’s DUI arrest had happened in Texas instead of California, the legal outcome could have been different, but it’s also likely he would have been arrested here, as well. Several factors could influence whether he would face a DWI charge in the Lone Star State, including:

• • Was the car running? If the engine was on, even if he was parked, it could be considered operation.
  • Was he in the driver’s seat? Sitting in the driver’s seat, especially with the car on, increases the likelihood of an operation finding.
  • Were his hands on the wheel? Any physical interaction with the vehicle’s controls could support an argument for operation.
  • Did he admit to driving? Statements like “I was just driving here” or “I was about to leave” could be used as evidence of operation.
  • Was there other circumstantial evidence: If the car was in an unusual position – partially on the curb or in a drive-thru lane – it could indicate the vehicle had been recently operated.

In Texas, if an officer determines there is enough evidence that Welling operated his vehicle while intoxicated, he could be arrested and charged with DWI—even if he was parked when found. It’s important to note that, at this time, not a lot of information has been revealed regarding the Smallville Star’s DUI arrest. It will be interesting to see how the prosecution plays out.

Can You Avoid a DWI in Texas by Sleeping in Your Car?

Short Answer:
If you do anything beyond turning on the car for heat or air conditioning—such as putting it in gear, stepping on the brake, or moving it—you risk being arrested for DWI.

Longer Answer:
Each case is unique. Courts assess the totality of the circumstances, meaning they will look at all factors surrounding the situation. No published Texas case establishes that simply being inside a running vehicle is enough to prove operation. However, if there is at least one additional “operation fact,” a jury may find that the person operated the vehicle.

How Texas DWI Laws Differ from California DUI Laws

While both Texas and California have laws prohibiting driving under the influence, there are key differences in how each state defines and prosecutes these offenses. The Smallville Star’s DUI arrest highlights these legal distinctions.

1. Terminology: DWI vs. DUI

– Texas: The offense is called Driving While Intoxicated (DWI), and it applies to both alcohol and drug impairment.
– California: The term Driving Under the Influence (DUI) is used, covering impairment from alcohol, drugs, or a combination of both.

2. Definition of “Driving” and “Operation”

– Texas: A person does not need to be actively driving to be charged with DWI. Instead, the law focuses on whether they were operating the vehicle. Courts have broadly interpreted operation to mean taking any action that could make the vehicle move, such as having the engine running while in the driver’s seat.
– California: The law requires a person to have been driving the vehicle. Simply being in a parked car while intoxicated is not always enough for a DUI charge.

3. Blood Alcohol Concentration (BAC) Limits
Both states have a standard 0.08% BAC limit for most drivers.
– Texas: Has a stricter zero-tolerance policy for drivers under 21, meaning any detectable alcohol can result in a charge.
– California: It also has a zero-tolerance law for underage drivers but allows for slightly more discretion in enforcement.

4. Field Sobriety and Chemical Testing Laws

– Texas: Has implied consent laws, meaning that refusing a breath or blood test results in an automatic license suspension. However, officers typically need a warrant to draw blood unless there are exigent circumstances.
– California: Also has implied consent laws, but a person can refuse a preliminary breath test without penalty. After arrest, refusal results in license suspension and enhanced penalties.

5. Penalties and Consequences

– Texas: DWI penalities increase with prior offenses and aggravating factors. Even a first offense can lead to a license suspension, fines and possible jail time. Texas also has a 72-hour mandatory jail time for a first offense if a person has a BAC of .15 or higher.
– California: First time DUI offenders may face a license suspension, fines, and mandatory DUI education programs. Jail time is possibly avoidable with probation or alternative sentencing.

6. Can You Get a DUI/DWI While Parked?

– Texas: If a person is in a parked car but is found to be “operating” it in some way (e.g., engine running, foot on the brake), they can be charged with DWI.
– California: Being in a parked car may not automatically result in a DUI; prosecutors typically need additional evidence, such as an admission of driving. It remains to be seen what the evidence is in the Smallville Star’s DUI arrest.

Bottom Line:
Texas law is generally broader in its interpretation of operation, making it easier to charge someone with DWI even if they were not actively driving. In contrast, California’s DUI laws typically require stronger evidence that a person was in control of the vehicle with the intent to drive.

Protect Yourself Against DWI Charges

The Smallville Star’s DUI arrest serves as a reminder of how serious impaired driving charges can be, no matter the state. Texas law is strict when it comes to DWI offenses, and the concept of operation can be broadly interpreted.

At Varghese Summersett, our experienced DWI attorneys understand the nuances of Texas law and have a proven track record of defending clients against DWI charges. If you have been arrested for an intoxication offense, call us today  at 817-203-2220 to discuss your case and find out how we can help. Your future is too important to leave to chance.

Cite and Release is a law enforcement policy where officers can issue citations (similar to traffic tickets) instead of making arrests for certain low-level offenses, requiring the person to appear in court at a later date rather than going to jail immediately.

In other words, individuals can be charged with certain offenses without being arrested or having to bond out of jail. This was established by a 2007 amendment to Article 14.06 of the Texas Code of Criminal Procedure, and it applies to qualifying Class A and B misdemeanors.

In this article, the criminal defense attorneys at Varghese Summersett explain Cite and Release in Texas, what offenses qualify for Cite and Release, and what happens after a citation is issued.

Legal Authority & Objectives of Cite and Release

Cite and Release in Texas was introduced nearly two decades ago in an effort to reduce jail overcrowding and the strain on law enforcement while addressing low-level, non-violent offenses.

In 2007, Texas lawmakers amended the Texas Code of Criminal Procedure, Article 14.06 (c) and (d), which gave officers the discretion to issue citations instead of making arrests for certain Class A and Class B misdemeanors. The primary objectives of Cite and Release in Texas are to:

• Reduce jail overcrowding by diverting individuals accused of minor offenses from the jail system.
• Promote efficiency in the legal process by streamlining procedures and reducing the time and resources required for booking and processing individuals in custody.
• Allow law enforcement to focus on more serious crimes by prioritizing resources for addressing violent offenses.
• Minimize disruption to individuals’ lives by avoiding immediate arrest and allowing them to continue their activities until their court appearance.
• Save taxpayer money and law enforcement resources.
• Alleviate unnecessary contact with the criminal justice system, which can reduce the likelihood of future offending.
• Mitigate racial profiling in policing and avoiding the harmful effects of arrests, such as deportation, job loss, and barriers to finding employment and housing.
• Improve relationships between communities and law enforcement by increasing perceptions of procedural justice.

It’s important to point out that while the law provides the option for Cite and Release, not all jurisdictions in Texas utilize it. Individual counties and municipalities determine whether and how to implement it.

Eligible Offenses for Cite and Release in Texas

Individual Eligibility for Cite and Release

Even if someone is accused of committing an offense eligible for cite and release, not everyone will avoid arrest. For example, some jurisdictions set rule like:

1. Be a resident of the county where the offense was allegedly committed.
2. Not have outstanding warrants.
3. Not be suspected of committing another offense that is not eligible for Cite and Release.
4. Not be intoxicated to a level that police determine presents a danger to themselves or others.

It’s important to point out that even if an offense is eligible, law enforcement still has the discretion to decide whether to use Cite and Release or make an arrest based on the specific circumstances of the situation.

Texas Counties & Cities with Cite and Release Policies

Cite and Release policies in Texas have been implemented unevenly across the state since their introduction in 2007. Some cities and counties have it – and some don’t. Here are some Texas counties and cities that have implemented Cite and Release policies:

Counties

• Harris County
• Bexar County
• Nueces County
• Tarrant County
• Travis County
• Hays County

Cities

• Austin
• San Marcos
• Dallas
• El Paso
• Houston
• San Antonio

It’s important to note that while these jurisdictions have Cite and Release policies, the implementation and scope may vary. For example, some cities have limited their police to marijuana possession only. Other counties, like Bexar and Harris, have robust Cite and Release programs.

What Happens After a Cite & Release Ticket is Issued?

After a Cite and Release ticket is issued, the following steps typically occur:

1. 1. The individual receives a citation with written instructions to appear in court at a future date.
   2. The person is released from custody and allowed to continue their activities until their court appearance.
   3. On the specified court date, the individual must appear to address the charges against them.
   4. At the court appearance, the judge will decide how to proceed with the case. This may include:
      – Offering bail
      – Releasing the defendant on their own recognizance
      – Refusing to grant bail (in rare cases)
   5. If the individual fails to appear in court as instructed, additional legal consequences may result.
   6. The criminal case proceeds as normal, meaning the person will still need to:
      – Appear in court as required
      – Obtain legal representation
      – Pay court costs and other fines, if applicable

Some jurisdictions have special dockets for Cite and Release in Texas. In Tarrant County, for example, the Cite and Release court is held on the 2nd and 4th Thursday of each month at 2 p.m. in Trial Room D in the Tim Curry Justice Center.

A person who has received a Cite and Release citation will appear in court on their specified date, where they will be fingerprinted, complete a financial questionnaire, be advised of their rights, and have the opportunity to request a court-appointed attorney if they can’t afford one.

It’s important to note that even though Cite and Release in Texas allows a person to avoid immediate custody, the legal process continues, and the charges are not dismissed simply because of the citation. The citation is essentially a promise to appear in court, and failing to do so can lead to further legal issues.

Do You Need an Attorney for Cite & Release Citation?

While a Cite and Release citation may seem less serious than an arrest, it is still a criminal charge that requires careful attention. Even if you are not taken to jail, you must appear in court to address the offense. Without proper legal representation, you could face significant consequences, including fines, a permanent criminal record, or even jail time if the case escalates.

An experienced criminal defense attorney will:

• Protect Your Rights: Ensure your case is handled fairly and lawfully.
• Advocate for Dismissal or Reduced Penalties: Work to minimize the impact on your life.
• Navigate the Legal Process: Explain the legal system and guide you through court appearances and settings until a resolution is reached.

If you’ve received a Cite and Release citation, consulting with a skilled defense attorney is crucial to protect your future. We can help. Call Varghese Summersett at 817-203-2220.

Receive a Cite and Release Ticket? Contact Us.

Cite and release represents a significant evolution in Texas criminal justice administration. While implementation varies, the program demonstrates measurable benefits in system efficiency, resource allocation, and equitable outcomes.

If you or a loved one has received a Cite and Release Ticket in Tarrant, Dallas, or Harris Counties, contact Varghese Summersett today to speak with an experienced criminal defense attorney. Our team understands the Cite and Release process and will work to achieve the best possible outcome. Don’t let a citation jeopardize your future — contact Varghese Summersett today at 817-203-2220.

Ross Ulbricht, better known by his online pseudonym “Dread Pirate Roberts” (DPR), created what became the most sophisticated and extensive criminal marketplace on the internet – the Silk Road. His journey from idealistic libertarian to convicted cybercriminal, and ultimately to recipient of a surprising presidential pardon, represents one of the most fascinating stories in Internet history.

The Creation of Silk Road

In January 2011, at age 26, Ulbricht launched the Silk Road on the dark web, naming it after the ancient trade routes connecting Asia and Europe. The site operated on the Tor network, which concealed users’ identities and locations, and utilized Bitcoin for transactions to ensure anonymity.

What began as what Ulbricht claimed was a “free-market economic experiment” quickly evolved into an unprecedented online black market. By the time of its shutdown in October 2013, Silk Road had:

• Over 13,000 listings for illegal drugs
• More than 100,000 buyer accounts
• Nearly 4,000 vendor accounts
• Facilitated over 1.5 million transactions
• Generated approximately $214 million in total sales
• Processed $183 million in drug sales alone.

The Philosophy Behind the Pseudonym

The name “Dread Pirate Roberts” was borrowed from the movie The Princess Bride. Like the fictional character, Ulbricht’s online persona became legendary in the dark corners of the Internet.

Ulbricht positioned himself as a libertarian crusader for economic freedom and privacy. In his early writings about Silk Road, he emphasized his desire to create a free and anonymous marketplace “to use economic theory as a means to abolish the use of coercion and aggression amongst mankind.” He believed Silk Road was making an impact on the war on drugs by expanding people’s access to controlled substances outside government oversight.

The Investigation and Arrest of Dread Pirate Roberts

Catching DPR proved to be a complex investigation. The breakthrough came through a series of operational security mistakes by Ulbricht:

1. He used his personal Gmail address (rossulbricht@gmail.com) in early forum posts promoting Silk Road
2. He posted questions about coding on public forums using his real name
3. He ordered fake IDs to his San Francisco apartment
4. His online activities matched the time zone and location patterns of Ross Ulbricht.

The final sting operation occurred on October 1, 2013, in San Francisco. FBI agents tracked Ulbricht to the Glen Park Library, where they caught him logged into the Silk Road administrator account. The arrest was carefully orchestrated:

• Plainclothes agents monitored public WiFi locations
• An undercover agent engaged DPR in an online chat
• When Ulbricht logged in as administrator, agents moved in
• They seized his laptop before he could close it, preserving crucial evidence.

The Trial and Conviction of Dread Pirate Roberts

Ulbricht’s trial began in January 2015 in the Southern District of New York before Judge Katherine B. Forrest. He faced seven charges:

1. Distribution of narcotics
2. Distribution of narcotics by means of the internet
3. Narcotics trafficking conspiracy
4. Continuing criminal enterprise
5. Computer hacking conspiracy
6. Trafficking in fake ID documents
7. Money laundering conspiracy

The prosecution’s case was built on extensive digital evidence from Ulbricht’s laptop and the Silk Road servers. They demonstrated how he had built and maintained the site, profited from illegal transactions, and even allegedly attempted to arrange murders of individuals who threatened his operation.

The defense argued that while Ulbricht had created Silk Road, he had handed it off to others early in its existence. They suggested he was framed by the real DPR and pointed to the possibility of multiple people operating under the DPR pseudonym.

However, the defense faced significant setbacks during the trial. The court precluded evidence related to the corruption of two federal agents involved in the investigation – DEA Special Agent Carl Force and Secret Service Special Agent Shaun Bridges. This information was only fully revealed after the trial, when both agents were charged with stealing Bitcoin during the investigation.

After a four-week trial, the jury deliberated for only 3.5 hours before finding Ulbricht guilty on all seven counts.

Dread Pirate Roberts Sentence

On May 29, 2015, Judge Forrest sentenced Ulbricht to an extraordinarily harsh punishment:

• Two life sentences
• Plus 40 years
• No possibility of parole
• Ordered to forfeit $183.9 million

The severity of the sentence was influenced by several factors:

1. The massive scale of the drug trafficking operation
2. Evidence suggesting Ulbricht had attempted to arrange multiple murders
3. The deaths of six individuals allegedly linked to drugs purchased on Silk Road
4. The need to deter others from similar enterprises

The Surprising Pardon

On January 22, 2025, after serving nearly 10 years of his life sentence, Ulbricht received an unexpected full and unconditional pardon from President Donald Trump. The pardon came as one of Trump’s first act upon taking office after winning the 2024 election.

The pardon was surprising for several reasons:

1. The severity of Ulbricht’s crimes and sentence;
2. The strong stance previous administrations had taken against dark web marketplaces; and
3. The fact that Trump had not previously indicated support for Ulbricht during his first term.

Trump announced the pardon on Truth Social, his social media platform, stating he had pardoned Ulbricht “in honor of her [Ulbricht’s mother] and the Libertarian Movement, which supported me so strongly.” He characterized Ulbricht’s life sentences as “absurd” and suggested that those who prosecuted him were “among those who have weaponized the government against me.”

Donald Trump followed through on a campaign commitment with this act of clemency. In May 2024, during a speech at the Libertarian Party’s national convention in Washington, D.C., Trump promised to commute Ross Ulbricht’s sentence as soon as he assumed office.

At the time, Trump stated, “If I am elected, on Day 1, I will commute Ross Ulbricht’s sentence to time served. He has already served 11 years, and it’s time to bring him home.”

Controversial Aspects

Several elements of the case remain controversial:

1. The Severity of the Sentence: Many argued the life sentence was disproportionate, particularly since Ulbricht had no prior criminal record.
2. The Murder-for-Hire Allegations: While these allegations about murder-for-hire influenced sentencing, Ulbricht was never formally charged with these crimes.
3. Corrupt Investigators: The involvement of corrupt federal agents raised questions about the investigation’s integrity, though courts ruled this did not impact the core evidence against Ulbricht.

The Silk Road’s Operation

The Silk Road represented an unprecedented level of sophistication in online black market operations. At its core, the platform operated through a comprehensive Bitcoin-based payment system, complemented by extensive vendor ratings, reviews, and escrow services. The site maintained dedicated customer support staff and provided dispute resolution mechanisms, while fostering community engagement through discussion forums.

The platform openly facilitated transactions for a wide range of illegal goods and services, primarily focusing on illicit drugs but extending to hacking tools, forged documents, and various other contraband items.

Impact on Drug Trade

The Silk Road’s impact on drug trafficking was transformative. By establishing direct connections between suppliers and users, the platform effectively eliminated traditional intermediaries. The implementation of user reviews created an informal quality control system, while the online nature of transactions significantly reduced violence typically associated with street-level drug deals. The platform also introduced consistent pricing and reliable product availability.

However, prosecutors presented compelling arguments against the platform’s operation. They contended that the Silk Road’s ease of access dramatically increased drug availability and contributed to at least six documented overdose deaths. Furthermore, they argued that the platform enabled addiction by simplifying drug procurement and established new distribution channels that complicated law enforcement efforts.

A Pivotial Moment in Internet History

The story of Ross Ulbricht and the Silk Road represents a pivotal moment in internet history, raising fundamental questions about personal freedom, government control, and the nature of crime in the digital age. His creation of the Silk Road marketplace demonstrated both the transformative potential of technology and its capacity for enabling criminal enterprise on an unprecedented scale.

The surprise pardon in 2025 added a final unexpected chapter to this story, highlighting the ongoing debate about the appropriate balance between law enforcement and individual liberty in the digital age. Whether viewed as a crusading libertarian or a criminal mastermind, Ulbricht’s impact on internet commerce, cryptocurrency adoption, and the evolution of online marketplaces is undeniable.