When a parent or guardian is killed in a crash, their surviving children’s lives are changed forever. Aside from the trauma, loss and grief, they may experience financial hardship – particularly if they depended on that parent or guardian’s income.
That’s why just over two years ago, Texas became one of the growing number of states to enact what’s known as “Bentley’s Law.” The law requires judges to order anyone convicted of intoxication manslaughter to pay restitution for the support of minor children left behind by a parent or guardian killed in an impaired driving crash. Generally, this is done via monthly payments handled through the court so that surviving family members don’t need to have contact with the driver.
How do judges determine the amount of restitution?
When ordering restitution, judges can consider things like:
- The financial needs and resources of any surviving parent or court-appointed guardian for the child
- The educational, medical, psychological and other needs of the child
- The child’s previous standard of living
- The finances of the defendant
This restitution is to continue until a child reaches 18 (or 19 if they’re still in high school).
Since intoxication manslaughter also carries a potential prison term of up to 20 years, it’s possible that an offender may not be able to begin making payments until after a child is no longer a minor. They still owe the restitution.
The law gives them a year after they’ve been released from prison to begin making payments. Those payments must include what they’ve owed during their incarceration. Specifically, it states that they must pay “all arrearages regardless of whether the restitution payments were scheduled to terminate while the defendant was confined….”
What about other damages?
The law requires that the “amount of restitution paid under this article be deducted from any civil judgment against the defendant….” Surviving family members may still be able to sue for wrongful death and to recover other damages.
The aftermath of a fatal crash can be a time of shock, grief and confusion for loved ones. Having experienced legal guidance to help ensure that needed compensation is recovered can allow families the time and space they need as they move forward.