Legal Question in Traffic Law in Texas

Victim Rights to view investigation

My fsister's husband was killed by a red light runner in Austin, TX. Travis County prosecutor Buddy Meyer, said, ''This is not a criminal case � it is a very unfortunate accident and our hearts go out to the victims' mother and wife. Does the spouse have the right to see the investigation? Until she does her nights will remain sleepless. The wife of the victim has been told that Buddy Meyers plans to refer the case to the Travis County Attorney's Office to determine whether a misdemeanor occurred.

In this scenario what are the rights of the victim. If the investigation is not ongoing with the Travis County District Attorney Office why can she not view the investigation and reports?


Asked on 4/21/08, 6:10 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Victim Rights to view investigation

As a matter of fact, caselaw in Texas states that if a death occurs in vehicular accident, as a result of a violation of the law, including a traffic violation, then the result is criminal negligent homicide.

Normally, such a case is viewed as a tragic accident, and not prosecuted, however, I have seen cases indicted and prosecuted for such things a speeding, when there was no other violation of the law.

The victim does NOT have the right to view the prosecutor's file.

If the victim hired a lawyer, and requested the grand jury to conduct an investigation, then it possible that the outcome would be different.

A civil lawsuit might also affect the criminal investigation.

Read more
Answered on 4/21/08, 10:32 pm


Related Questions & Answers

More Traffic Law questions and answers in Texas