Allegations arising from a motor vehicle accident involving injury in Texas place an individual at risk of both severe criminal penalties and lasting personal consequences. These cases are unlike routine traffic matters; they often involve felony charges under the Texas Penal Code or Transportation Code, and the State will typically invest substantial resources into pursuing a conviction. The law treats these offenses seriously because they involve harm to another person, and the prosecution’s focus will be on proving causation, injury severity, and the driver’s state of mind, whether due to intoxication, recklessness, or another alleged violation.
Texas Motor Vehicle Accidents Involving Injury Defense Lawyer
A person under investigation or charged with this offense should talk with a criminal defense lawyer immediately to safeguard constitutional rights, preserve favorable evidence, and prevent early missteps that can damage the defense. In the following sections, The Law Office of Kevin Bennett explains what individuals should know about this type of motor vehicle offense, including penalties for violating the law, defenses to charges, and the role of the Austin motor vehicle accident defense lawyer in defending clients.
Kevin Bennett always seeks to have honest and open communication with his clients. He knows this can be a difficult time that is made easier by knowing and understanding what is happening. Kevin Bennett personally handles every aspect of your case.
Call The Law Office of Kevin Bennett today at (512) 476-4626 to set up a free consultation. Kevin Bennett represents people throughout Travis County, including Austin, West Lake Hills, Sunset Valley and Lago Vista.
Overview of Walk-Through Arrests in Texas
- Texas Laws on Motor Vehicle Accidents Involving Injury
- 2024 Texas Motor Vehicle Collision Statistics
- Defenses to Texas Motor Vehicle Accident Involving Injury Charges
- Role of an Austin Motor Vehicle Accidents Involving Injury Attorney
- Frequently Asked Questions About Texas Motor Vehicle Accident Involving Injury Charges
- Resources
Texas Laws on Motor Vehicle Accidents Involving Injury
Intoxication Assault — Texas Penal Code § 49.07 creates a specific felony offense for situations in which a person operates a motor vehicle in a public place while intoxicated and, due to the intoxication, causes serious injury to a person. The statute requires proof of a causal connection between the intoxication and the injury. “Serious bodily injury” is defined under Penal Code § 1.07(a)(46) as an injury that creates a serious risk of death, causes disfigurement, or results in the loss or impairment of the function of any bodily member or organ. This offense is generally classified as a third-degree felony, carrying a punishment range of 2 to 10 years in the Texas Department of Criminal Justice and a fine not to exceed $10,000. Under Penal Code § 49.09(b-1), the punishment can be increased to a second-degree felony if certain aggravating factors exist, such as the victim being a peace officer, judge, firefighter, or emergency medical services personnel who was performing official duties at the time of the crash, or if the injury caused permanent paralysis or a persistent vegetative state.
Intoxication Manslaughter — Penal Code § 49.08 applies when a person operates a motor vehicle in a public place while intoxicated and, as a direct result of that intoxication, causes the death of another person. Unlike traditional manslaughter statutes, this offense does not require proof of a reckless mental state; the key element is that the intoxication caused the fatal outcome. The offense is ordinarily classified as a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. If the person killed was a peace officer, judge, firefighter, or emergency medical services personnel engaged in official duties, the charge may be enhanced to a first-degree felony under Penal Code § 49.09(b-2), with a sentencing range of 5 to 99 years or life in prison.
Aggravated Assault With a Motor Vehicle — Penal Code § 22.02 covers aggravated assault, which occurs when a person commits an assault as defined in § 22.01 and causes serious bodily injury to another, or uses or exhibits a deadly weapon during the commission of the assault. A motor vehicle may be considered a deadly weapon if it is operated in a manner that is capable of causing death or serious bodily injury. To prove aggravated assault in a traffic context, the State must show that the driver acted intentionally, knowingly, or recklessly in causing the injury, and either that the injury was “serious” or that the vehicle was used as a deadly weapon. This offense is normally a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. Certain conditions, such as the victim being a public servant or the assault resulting in permanent paralysis, can elevate the charge to a first-degree felony, which carries a punishment range of 5 to 99 years or life in prison.
Evading Arrest in a Motor Vehicle Causing Injury or Death — Penal Code § 38.04 makes it an offense to intentionally flee from a person the driver knows is a peace officer attempting a lawful arrest or detention. When the evasion is carried out in a motor vehicle, the base offense is a third-degree felony. However, if another person suffers serious bodily injury as a direct result of the attempt to apprehend the suspect, the offense remains a third-degree felony but with aggravating facts that often impact sentencing. If another person dies as a result, the charge is increased to a second-degree felony. The State must prove that the injury or death was a foreseeable result of the flight from law enforcement.
Assault Involving a Motor Vehicle — Penal Code § 22.01 defines assault as intentionally, knowingly, or recklessly causing bodily injury to another person. Assault is typically charged as a Class A misdemeanor if bodily injury occurs, carrying up to one year in county jail and a fine up to $4,000, but certain factors such as the victim’s status (for example, public servant, elderly individual, or family member) can elevate it to a felony.
Criminally Negligent Homicide — Penal Code § 19.05 applies when a person causes the death of another by criminal negligence. In the context of a motor vehicle collision, this charge is available even when there is no intoxication or intentional misconduct, provided that the negligence rises to the level required by law. Criminally negligent homicide is considered a state jail felony that is punishable by up to 2 years in a state jail facility and a fine up to $10,000.
Failure to Stop and Render Aid in an Injury or Death Accident — Transportation Code § 550.021 imposes a legal duty on any driver involved in an accident resulting in or reasonably likely to result in injury or death to immediately stop at the scene, determine whether a person is involved and requires aid, and remain until the requirements of § 550.023 are met. Section 550.023 requires the driver to give their name, address, vehicle registration number, and insurance information; to show their driver’s license if requested; and to provide reasonable assistance to any injured person, including arranging or providing transportation to medical care if necessary. Failure to comply with these requirements can be charged as a second-degree felony if death occurred, a third-degree felony if serious bodily injury occurred, or a Class B misdemeanor if only minor injury occurred.
2024 Texas Motor Vehicle Collision Statistics
In 2024, Texas recorded 4,150 traffic fatalities and 251,977 injury victims statewide. There were 14,905 serious injury crashes, causing 18,218 suspected serious injuries. Austin reported 91 fatal crashes with 98 deaths, alongside 349 suspected serious injury crashes and 400 serious injuries. The city also saw 2,524 suspected minor injury crashes (3,513 injuries) and 2,381 possible injury crashes (4,156 injuries), plus over 5,000 non-injury incidents. Major statewide risk factors included rural road deaths (50.12% of fatalities), alcohol-related crashes (25.37% of fatalities), and distracted driving (380 deaths).
Defenses to Texas Motor Vehicle Accident Involving Injury Charges
Challenging Intoxication Evidence — For charges under Penal Code § 49.07 (intoxication assault) or § 49.08 (intoxication manslaughter), the State must prove both intoxication and that the intoxication caused the injury or death. A defense attorney may challenge the reliability of breath tests or blood tests, cross-examine officers on field sobriety test procedures, or introduce expert testimony on factors that can cause inaccurate readings such as medical conditions, improper calibration, or contamination.
Disputing Causation of Injury or Death — Whether the charge is aggravated assault under Penal Code § 22.02, assault under § 22.01, or evading arrest under § 38.04, causation is often a critical issue. The defense may present accident reconstruction experts, medical testimony, or eyewitness accounts to show that the alleged conduct was not the direct cause of the injury or death.
Contesting the Level of Injury — Serious bodily injury, as defined in Penal Code § 1.07(a)(46), is a high legal threshold. The defense may carefully analyze medical records, photographs, and witness statements to determine whether the injury actually created a substantial risk of death, caused permanent disfigurement, or resulted in long-term impairment.
Arguing Lack of Required Mental State — In prosecutions under Penal Code § 22.01 or § 22.02, the State must prove that the defendant acted intentionally, knowingly, or recklessly. For example, ordinary negligence or a momentary lapse in judgment does not meet the reckless standard required for criminal liability under these statutes.
Raising Lack of Knowledge in Duty-To-Stop Cases — Transportation Code § 550.021 and § 550.023 require proof that the driver knew an accident occurred and knew or should have known that someone was injured. The defense may argue that the driver was unaware of contact, especially in low-impact collisions, or reasonably believed no one was hurt at the time.
Suppressing Illegally Obtained Evidence — The Fourth Amendment to the United States Constitution and Article 38.23 of the Texas Code of Criminal Procedure allow suppression of evidence obtained through illegal searches or seizures. If law enforcement stopped the driver without reasonable suspicion, extended the detention without justification, or drew blood without proper authority, the defense can seek to exclude that evidence.
Presenting Mechanical Failure or Medical Emergency — Under Penal Code § 6.01, a person commits an offense only if the conduct is voluntary. If a collision resulted from a sudden and unforeseen mechanical defect, such as brake failure, or a sudden medical emergency like a seizure or heart attack, the defense may argue that the driver’s actions were not voluntary.
Asserting Statutory Exceptions or Justifications — In rare instances, Texas Penal Code Chapter 9 defenses such as necessity or defense of a third person may apply. For example, swerving to avoid an imminent collision with another vehicle or pedestrian could be a lawful justification even if injury resulted.
Role of an Austin Motor Vehicle Accidents Involving Injury Attorney
An Austin motor vehicle accidents involving injury attorney plays a critical role in defending clients facing serious charges. They investigate collision scenes by reviewing physical and digital evidence, often with accident reconstruction experts, to challenge the State’s narrative. They scrutinize medical records, EMS reports, and expert testimony to dispute injury claims and causation. In intoxication or recklessness cases, they examine testing procedures, question the admissibility of field sobriety evidence, and highlight inconsistencies in witness or police accounts. Throughout the case, they safeguard constitutional rights, filing motions to suppress unlawful evidence and countering prosecutorial misconduct. Using detailed investigations, they craft strategic defenses targeting each statutory element, aiming to reduce or dismiss charges, and positioning the case for the most favorable outcome in trial or negotiations.
Frequently Asked Questions About Texas Motor Vehicle Accident Involving Injury Charges
What happens if someone is injured in a Texas motor vehicle accident involving injury but there is no intoxication involved?
In cases without intoxication, prosecutors may file assault under Penal Code § 22.01 or, if death occurs, criminally negligent homicide under § 19.05. The charge depends on proof of recklessness, criminal negligence, or other qualifying statutory elements beyond ordinary negligence.
How does Texas define serious bodily injury in a motor vehicle accident involving injury case?
Penal Code § 1.07(a)(46) defines serious bodily injury as injury creating a substantial risk of death, causing serious permanent disfigurement, or resulting in long-term loss or impairment of any body part or organ. This definition is applied strictly in Texas criminal proceedings.
What if the injured person was also at fault for a Texas motor vehicle accident involving injury?
Shared fault by the injured party does not prevent prosecution. However, it may affect the jury’s perception of causation and can be strategically used by the defense to create reasonable doubt or influence sentencing outcomes in certain criminal cases.
Will a conviction for intoxication manslaughter from a Texas motor vehicle accident involving injury cause license suspension?
Yes. Transportation Code § 521.344 generally mandates license suspension following conviction for intoxication offenses under Penal Code Chapter 49. Suspension length varies, and reinstatement often requires fulfilling court-ordered conditions, fines, educational programs, and ignition interlock requirements before full driving privileges are restored.
Can reckless driving charges be filed in addition to injury-related felonies from a Texas motor vehicle accident involving injury?
Yes. Transportation Code § 545.401 defines reckless driving as willful or wanton disregard for safety. Prosecutors may pursue this charge alongside more serious offenses if the facts support both, though it is generally treated as a lesser or companion offense.
What are the penalties for evading arrest in a vehicle causing injury in a Texas motor vehicle accident involving injury?
Penal Code § 38.04 makes evading arrest a third-degree felony if serious bodily injury results, punishable by 2 to 10 years in prison. If death results, it becomes a second-degree felony with a sentencing range of 2 to 20 years in prison.
How does a deadly weapon finding affect a Texas motor vehicle accident involving injury case?
A deadly weapon finding, including use of a motor vehicle in a manner capable of causing death or serious injury, can increase sentence severity and limit parole eligibility. It can also affect eligibility for community supervision under Texas law.
Resources
Texas Penal Code Chapter 22 — This chapter addresses assaultive offenses in Texas, including assault, sexual assault, indecent assault, and aggravated assault. It defines the conduct, mental states, and circumstances that constitute each offense, along with possible penalties.
Texas Transportation Code Chapter 550 — This chapter outlines the duties of drivers following motor vehicle collisions in Texas. It specifies required actions when accidents cause injury, death, or property damage. It includes rules for providing information, rendering aid, notifying authorities, and filing reports.
2024 Rural and Urban Crashes and Injuries by Severity — This document contains a statewide breakdown of 2024 Texas motor vehicle crash data by rural and urban locations, categorized by severity. It lists numbers of fatal crashes, fatalities, suspected serious and minor injuries, possible injuries, and non-injury crashes.
U.S. News & World Report – Common Car Accident Injuries: Overview — This article explains the most common types of car accident injuries, including soft tissue damage, head injuries, spinal injuries, limb injuries, and internal injuries.
Texas Department of Transportation: 2024 Crashes and Injuries by City — This report lists 2024 crash statistics for Texas cities and towns, including fatal crashes, fatalities, suspected serious and minor injuries, possible injuries, and non-injury crashes.
Hire an Accident Involving Injury Lawyer in Austin, TX
Failing to secure legal representation for your vehicle accidents involving injury charge may result in fines and possibly loss or suspension of your driving license. Kevin Bennett tenaciously represents clients in Travis County, Lakeway, Austin, Pflugerville, Lago Vista, and the surrounding areas.
Call (512) 476-4626 to schedule a consultation with a skilled duty attorney in Austin who has extensive client reviews and testimony to back up their experience about your charges.
Your initial consultation is free, and it is the first step in the defense planning process.
