A crash that causes a fatality doesn’t just affect the victim. It also changes the lives of their loved ones forever. This is particularly true when those loved ones are children. Too often fatal crashes are caused by people who choose to get behind the wheel while they are impaired by alcohol and/or drugs.
That’s why, last year, Texas enacted a law that renders those convicted of intoxication manslaughter financially responsible for the children of their victims. Specifically, when the victim of a crash caused by another’s intoxication was the parent or legal guardian of a minor child, one of the penalties ordered by the judge (which can include up to two decades in prison) is to make restitution or support payments to any children left behind. These payments are to continue until a child reaches 18 (or 19 if they’re still in high school).
If the at-fault driver can’t afford to make the ordered payments while they’re locked up, they have up to a year after they’re released to begin making them. They’re also not off the hook for those years they would have had to pay if they hadn’t been incarcerated – even if the child is an adult when they’re released. According to the law, the payments must cover “all arrearages regardless of whether the restitution payments were scheduled to terminate while the defendant was confined….”
How is the amount of restitution determined?
The amount to be paid is determined by a judge based on a number of factors, including the defendant’s resources, the surviving parent or guardian’s resources, the child’s standard of living before the crash and the needs of the child. These can include living expenses as well as educational, emotional and medical needs.
A child who has lost a parent or guardian can require a lot of support to recover financially from that loss. Typically, the court sets up a monthly plan that requires the payments to go through the court. This lets families avoid contact with the person who killed their loved one.
This law can help surviving family members obtain compensation for the children they’re now responsible for without having to file a lawsuit to obtain it. Of course, there are still many other situations that can warrant a legal claim, or at least an insurance claim, to seek compensation for expenses and other damages. Seeking legal guidance can help when pursuing the best possible settlement.