A driver is expected to be charged with intoxicated manslaughter and intoxicated assault as a result of a crash that took place Sunday afternoon on S. Main St. The two vehicle accident occurred when a Ford Explorer entered US 90 and slammed into a Toyota 4-Runner that was traveling west.
The impact was so significant that both SUVs rolled after the crash. Unfortunately, a passenger in the explore perished in the accident and two people in the Toyota were injured in the crash.
According to reports, the driver of the Ford Explorer was taken to a local hospital and reports further indicate it was determined that the driver was believed to be intoxicated. Charges are expected to be filed.
Every week it seems that the Houston area suffers a loss of a loved one or someone is very seriously injured as a result of a drunk driving accident. Despite the efforts of law enforcement and some unique policies aimed at preventing DWI crashes, Houston still leads the nation in fatal drunk driving accidents.
Enforcement of the criminal statutes regarding drinking and driving has been a priority in the Houston area but is still not reducing the large numbers of fatal drunk driving accidents.
It is to be hoped that the leaders in Austin will enact legislation directed at making lawsuits against bars and clubs easier to pursue for families who have lost a loved one. The litigation against a bar or club for over serving a customer are known as Dram Shop cases. Texas law permits families who have lost a loved one to pursue legal actions against bars or clubs that over serve a patron who was obviously intoxicated at the time.
There are very broad defenses available to the commercial alcohol establishment under the Texas Dram Shop Act. One of the first actions in a drunk driving accident should be to attempt to determine where the intoxicated driver became intoxicated.