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.

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.

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.

I’ve said repeatedly there is little to no support for expanding gaming from Senate GOP. I polled members this week. Nothing changed. The senate must focus on issues voters expect us to pass. We don’t waste time on bills without overwhelming GOP support. HB1942 won’t be referred.…

— Office of the Lieutenant Governor Dan Patrick (@LtGovTX) May 13, 2023

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

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.

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.

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.

(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 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

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 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.

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

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.

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

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.

Intoxication Crimes Lawyer in Dallas

Thousands of people are charged each year in Dallas County with an “intoxication crime.” An intoxication crime refers to an offense that stems from being under the influence of alcohol, drugs, or both. They range from a Class C public intoxication ticket all the way up to second-degree intoxication manslaughter, which is the most severe intoxication crime in Texas. In this article, our Dallas criminal defense lawyer explains intoxication charges in Texas.

Intoxication charges can carry lasting implications. Depending on the offense, they can jeopardize your freedom and your future. At a minimum, they could affect your ability to drive to work or school. That’s why it’s incredibly important to retain an experienced Dallas intoxication crimes lawyer immediately if you have been arrested for an intoxicated-related offense. The sooner you get in front of the case, the better off you will be. These cases can be complex and strict deadlines often must be adhered to, especially if your driving privileges are in jeopardy or if you are seeking admission into a DWI education or diversion program.

In this article, we will cover Texas’ intoxication crimes and punishments and how our team defends intoxication charges. Don’t miss the informational videos by Benson Varghese, a Board-Certified Criminal Law Specialist and skilled Dallas intoxication crimes lawyer.

Nine Texas Intoxication Offenses

Chapter 49 of the Texas Penal Code lists nine intoxication and alcoholic beverage charges. Most of the offenses, such as Public Intoxication and DWI, are very common and chances are you probably know someone who has been arrested for one of these offenses. A few of the other charges are less common, such as BWI and FYI.

Public Intoxication

Offense: A person commits public intoxication if he or she is so intoxicated in public that they pose a danger to themselves or others.
Punishment: Class C Misdemeanor, punishable by up to a $500 fine.

Possession of Alcoholic Beverage in a Motor Vehicle (Open Container)

Offense: A person commits an open container violation if they possess an open container of alcohol in a vehicle on a public highway, regardless of whether the vehicle is being driven, stopped or parked.
Punishment: Possession of an alcoholic beverage in a vehicle is a Class C misdemeanor, punishable by up to a $500 fine.

Driving While Intoxicated

Offense: A person commits Driving While Intoxicated (DWI) if he or she is intoxicated while operating a motor vehicle in a public place. Under the law, a driver is considered intoxicated if he or she does not have normal use of their mental or physical faculties due to alcohol, drugs or a combination of both or if the driver has a blood alcohol concentration of at least .08.
Punishment: A first-time DWI conviction is a Class B misdemeanor punishable by up to six months in the county jail and a maximum $2000 fine. However, the punishment can go up if the driver’s BAC is over. 15 or if he or she has previous DWI convictions.

Driving While Intoxicated with a Child Passenger

Offense: A person commits DWI with a child passenger if he or she is intoxicated while operating a motor vehicle that is occupied by a passenger who is under age 15.
Punishment: DWI with a child passenger is a state jail felony punishable by six months to two years in a state jail facility and a maximum $10,000 fine.

Flying While Intoxicated

Offense: A person commits Flying While Intoxicated (FWI) if he or she operates an aircraft while intoxicated. The Federal Aviation Administration prohibits pilots from operating an aircraft within eight hours of having consumed alcohol and they must not have a blood alcohol content of .04 or greater.
Punishment: Class B Misdemeanor punishable by up to 180 days in jail and a maximum $2000 fine.

Boating While Intoxicated

Offense: A person commits Boating While Intoxicated (BWI) if he or she is intoxicated while operating a watercraft. Under the law, a driver is considered intoxicated if he or she does not have normal use of their mental or physical faculties due to alcohol, drugs or a combination of both or if the driver has a blood alcohol concentration of at least .08.
Punishment: Class B Misdemeanor punishable by up to 180 days in jail with a minimum requirement of 72 hours in jail. A maximum $2000 fine may be imposed.

Assembling or Operating an Amusement Park Ride While Intoxicated

Offense: A person commits this offense if he or she assembles or operates an amusement ride while intoxicated.
Punishment: Class B Misdemeanor punishable by up to 180 days in jail and a maximum $2000 fine.

Intoxication Assault

Offense: A person commits intoxication assault when he or she drives intoxicated and causes serious bodily injury to another person, usually as a result of a traffic wreck.
Punishment: Third-degree felony, punishable to 2 to 10 years in prison and a maximum $10,000 fine.

Intoxication Manslaughter

Offense: An intoxicated driver commits this offense when he or she causes the death of another person while operating a vehicle, aircraft, watercraft or amusement ride.

Punishment: Second-degree felony punishable to 2 to 20 years in prison and a maximum $10,000 fine.

DON’T MISS: 12 Ways to Beat a DWI

What are the Collateral Consequences of Intoxication Crimes?

Obviously, jail and fines are possible punishments for intoxication crimes, but the collateral consequences extend far beyond that. Drivers arrested for an intoxication offense may have their driver’s license suspended, be required to have an interlock on their vehicle, take regular drug and alcohol tests, and complete DWI or alcohol education classes. Not to mention, if the case results in a conviction it could include the loss of employment or professional licenses or become an obstacle in obtaining a loan or housing. That’s why it is so important to have an adept Dallas intoxication crimes lawyer in your corner every step of the way. Our team will work to secure the most favorable outcome possible and minimize the negative impact to your life and livelihood.

Talk to an Experienced Dallas Intoxication Crimes Lawyer Today

At Varghese Summersett, we have achieved outstanding results for clients charged with intoxication crimes, including intoxication assault and intoxication manslaughter. Our results come through experience, hard work, and perseverance. We will thoroughly investigate your case, as well as your criminal history, background, and any mitigating factors in your life. We will take this information and build the most comprehensive, aggressive defense strategy possible. Call 214-903-4000 today to speak to a Dallas intoxication crimes lawyer and find out why we are the best at what we do. We welcome tough cases.

You can also check out our Fort Worth DWI lawyers.

How to Pick the BEST Dallas Intoxication Crimes Lawyer

On February 16, 2024, Elena Rios, a mother of four and grandmother of 13, was tragically killed in a forklift accident at a north Fort Worth Walmart distribution center. Elena was a 10-year employee for Walmart, certified to operate forklifts and other heavy machinery.

The family first learned about the accident on the news and was given conflicting information about what occurred. They retained the law firm of Varghese Summersett to investigate the accident and hold any person or corporation accountable whose actions or inactions could have prevented the untimely death of the matriarch of their family.

Elena was a devoted mother, grandmother, sister, and friend. On the day of the accident, she was planning to attend her 18-year-old granddaughter’s college softball game after she finished her shift at Walmart. Sadly, she never got that chance.

To date, the family still doesn’t know exactly what caused Elena’s death, as the autopsy hasn’t been released. The family has more questions than answers.

If you or someone you know has a tip or lead regarding this case, please email  answersforelena@versusinjury.com or call 817-207-4878. You may remain anonymous.