Local reports indicate a man was driving the wrong-way along Interstate 35 near State Highway 114 and involved in a fatal accident. The incident occurred around 3:55 a.m. Sunday August 28 when 21-year-old Michael Devon Napper was traveling the wrong-way along the freeway when he struck a Ford van carrying 6 passengers. Nappers pickup then struck a Nissan Altima carrying 2 passengers. Nappers passenger identified as 21-year-old Brandi Blue was pronounced dead at the scene. Napper was hospitalized at John Peter Smith with undetermined injuries. The Ford driver and its passengers and the Atima driver with its passengers were all taken to the local hospital.
Approximate Site of the Accident
View Larger Map
Commentary
The epidemic that is wrong-way driving has reared its ugly head again in North Texas. As Ive mentioned in other posts I will leave stopping the effect (the actual driving) to the engineers and will continue to battle the cause of many of these accidents. First an independent investigation aside from the police report is needed to determine all liability in this accident. Obviously if all the reports are accurate and Napper was driving the wrong-way along I-35 he may incur fault in this accident. Back to my allusion to the cause of these incidents over the years my firm has litigated a number of wrong-way accident cases and many involved a driver who had been drinking before the wreck. The investigation would need to examine this but if Napper was found to be over-served at a bar or restaurant prior to the incident that establishment could be found partially liable under Texas dram shop laws. The dram shop laws seek to enforce the guidelines set forth by the liquor licensing authority in the state the Texas Alcoholic Beverage Commission. Being licensed means knowing to stop serving a patron when they become knowingly intoxicated. If a patron gets to or beyond this point of impairment the bar or restaurant could be faced with a third party claim if an accident occurs.
Denton Personal Injury Attorney Michael Grossman
