When a traffic accident results in a death, Texas prosecutors can pursue criminal charges regardless of intent, with penalties reaching 20 years in prison and in some cases much longer.
Texas law addresses vehicle-related deaths through two primary charges depending on the circumstances. If the driver was intoxicated, the charge is intoxication manslaughter under Texas Penal Code §49.08, a second-degree felony. If intoxication is not alleged but reckless driving caused the death, the charge is manslaughter under §19.04, also a second-degree felony. Both carry 2 to 20 years in prison. The evidence in these cases involves accident reconstruction, toxicology, and cause-of-death analysis, all of which can be challenged.
David Smith is Board Certified in Criminal Law by the Texas Board of Legal Specialization and a former Brazoria County prosecutor. Vehicular death cases require a defense that understands both the science and the law. Accident reconstruction is an expert opinion, not a fact. Toxicology results depend on properly maintained instruments and protocols. Causation is a legal standard that must be proven beyond a reasonable doubt, not assumed from the fact that an accident occurred. He examines every layer of the state’s evidence from the beginning. Contact our firm today for a free consultation.
Vehicular manslaughter cases carry consequences that go far beyond the criminal sentence. A conviction affects your driving privileges, your professional licenses, your civil liability exposure, and your permanent record. The right defense attorney who understands how the state builds these cases in Harris County courts and what the science actually supports can make a meaningful difference at every stage of the process.
If you or a family member is facing vehicular manslaughter charges in Houston, Harris County, Fort Bend County, or Montgomery County, contact David Smith Law Firm immediately. Accident scenes change quickly. Toxicology samples must be preserved and challenged early. Witnesses’ memories are sharpest in the days after an incident. Early legal intervention is critical in these cases.
When a vehicle-related death does not involve intoxication, the state may pursue manslaughter under Texas Penal Code §19.04 by arguing that the defendant operated the vehicle recklessly. Recklessness requires proof that the driver consciously disregarded a substantial and unjustifiable risk, which is a higher standard than mere carelessness or traffic negligence. We examine the driving conduct alleged, the road and weather conditions at the time, the actions of other vehicles involved, and whether the evidence genuinely establishes conscious disregard as opposed to an unavoidable accident.
Penalty: Second-Degree Felony: 2 to 20 years in prison, fines up to $10,000.
