Under the new law, which takes effect on Sept. 1, as part of the sentence for intoxication manslaughter, a defendant must pay restitution to the surviving parent or legal guardian of any child under 18 whose parent or guardian was killed. The restitution must be paid until the child turns 18 or graduates from high school (whichever is last).

Does the offender have to pay while they’re in prison?

A person convicted of this offense can face a prison sentence of anywhere from two to twenty years. If it’s determined that they don’t have the resources to pay the ordered restitution while they’re in prison, they have up to one year after their release to begin.

Since that prison time could last until long after a child has turned 18, the law states, “The defendant must pay all arrearages regardless of whether the restitution payments were scheduled to terminate while the defendant was confined or imprisoned in the correctional facility.”

How is the amount of restitution determined?

The judge in the case will look at a number of factors, including the financial resources of the child’s surviving parent or guardian as well as the child’s own resources, if any (such as life insurance or inheritance). The offender’s financial resources will also be considered.

Further, the court will look at the child’s prior standard of living as well as their current financial and educational needs. Other factors include the child’s emotional and physical condition. For example, they may well need the help of a mental health professional. If they were injured in the crash that killed their parent or guardian, they may have extensive medical expenses.

Even though other states have or are considering similar laws, as with any new law, there may be questions and issues in the early cases. Those entitled to this money on behalf of a child can benefit from legal guidance to help ensure that they get a fair restitution order.

Drinking the night before can lead to impairment in the morning

Drunk driving is a leading cause of car accidents. The National Highway Traffic Safety Administration reports that 30% of all fatal crashes involve alcohol-impaired drivers, which increases to 55% for crashes between midnight and 3 AM. Because alcohol can stay in a person’s system for several hours, there is a significant risk of encountering a drunk driver during the early morning hours. Many people choose to drink at night and then get behind the wheel the next morning before they have had time to sober up. This can be especially dangerous because morning rush hour traffic can be hectic and chaotic. If a drunk driver hits you on your way to work, there are a few steps you should take to ensure your safety and protect your rights. After moving your vehicle to the side of the road, call 911 for the police and medical assistance. Getting the names and contact information of any witnesses who saw the accident is also essential. If you or a loved one has been injured in a DUI accident, it is important to get legal advice to help you get the compensation you deserve.

Businesses may be liable

People hurt in drunk driving crashes can potentially bring civil claims against a business that served the driver alcohol. Dram shop laws in Texas allow claims against businesses that serve their patrons alcohol if those patrons later cause collisions.When they violate the rules of alcohol service, such as by serving an underage customer or providing another drink to someone visibly drunk already, they may have some liability for any collision that person later causes. You may be able to make a claim against their insurance or file a civil lawsuit in the Texas courts.

Other individuals can also be liable

Texas also has a social host law that applies only to those serving underage individuals alcohol. An adult who buys alcohol for minors or host a party at their property where young people drink could have financial responsibility for any car crashes that later occur.Understanding your rights as a victim of a drunk driving crash can help you get the compensation you deserve.

This weekend a lot of people will be celebrating St. Patrick’s Day

March 17 and the following weekend is a massive money-maker for local bars and restaurants. After two lost years, they will be pushing hard to make a big profit by encouraging people to drink more. While those special offers can seem tempting, they can also prove deadly.The cost of alcohol plays a significant role in limiting how much people drink. When it suddenly becomes cheaper for a day, people are likely to drink more than usual. When those people get in their car and drive, it makes the roads more dangerous. 

Drinking plays a massive role in crash statistics on certain days of the year

Not only do many individuals drink more than usual on days such as St. Patrick’s or Fourth of July, but more people drink — period. Drinking is part of how many people celebrate particular dates, and statistics show vehicle crashes rise accordingly.If someone crashes into you this weekend, assuming alcohol was a factor is a good place to start. With appropriate legal help, you can discover all factors that contributed to the crash and get the compensation you deserve.