Police report that an investigation is underway into an accident that resulted in the death of a two-year-old girl. A Houston DWI Task Force was assigned to the case due to reported signs of intoxication from the responsible driver.

The Incident

Houston Police Dept. tweeted a report of an accident that took place on Thursday, Feb. 12, that led to the death of a two-year-old. The accident occurred on US 290 at Bingle.

Details of the crash are limited but police said that the driver of the vehicle not occupied by the deceased showed signs of intoxication.

The two-year-old girl was ejected from her vehicle in the collision. It is unclear whether she died on the scene or at the hospital she was transported to following the crash.

An investigation into this incident by a DWI Task Force is underway, according to Houston Police.

DWI Laws in Texas

In most states, the laws regarding DUIs (driving under the influence) and DWIs (driving while intoxicated) are the same. In fact, many states don’t differentiate between these charges at all.

In Texas, however, these charges are both applied and punished differently.

The most obvious difference between these charges is the age of those facing them: DUIs can only be charged to those under 21, while DWIs can be charged against anyone with a blood alcohol content above the legal limit of .08. Even so, the differences don’t end there.

First of all, a minor-aged driver can be charged with a DUI no matter how little alcohol is in their system while driving. The punishment for DUIs under the Texas Traffic Code is also less significant than that of DWIs, which falls under the Texas Penal Code.

Those facing DWI charges may see large fines or even jail time, but DUI fines are capped at $500 with up to 40 hours of community service, up to 60-day license suspension, and alcohol awareness classes.

Holding Drunk Drivers Liable

If you’ve been involved in a car crash with a drunk driver, it might seem as though the process of seeking relief would be entirely different than that of a normal accident. However, being involved in a drunk driving accident doesn’t mean that you have to file a suit or take the drunk driver to court. In fact, an insurance claim may still be your best bet for seeking monetary relief.

Despite that, if the driver is charged and convicted of a DWI, you may have a strong case for a lawsuit. If so, the drunk driver’s insurance company is likely to pay handsomely via a settlement rather than face the prospect of a court battle.

If the drunk driver in your accident has been convicted and you are considering filing a lawsuit or making a claim, you may wish to seek the input of an experienced car accident attorney who can ensure the strength of your arguments.

If you’ve been involved in a car accident with a driver who was under the influence, contact the Houston car accident attorneys of Lapeze and Johns, PLLC, for help seeking legal relief.

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Source: KXXV


About Christopher Johns

Christopher Johns co-founded Lapeze & Johns with one thing in mind: civil justice for victims of negligence. Mr. Johns is an experienced trial lawyer who has tried over 50 cases to verdict and judgment throughout Texas, the Gulf Coast, and around the United States with a 98% success rate. His efforts throughout his time at the University of Houston Law Center and as a lawyer have garnered him many accolades, a 10.0 rating from AVVO, and Super Lawyer in Plaintiff’s Personal Injury Litigation every year since 2004. Read more about Christopher Johns here.

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