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Two Drivers Injured in Wrong-Way Accident on Dallas North Tollway near downtown Dallas, Texas
According to the Dallas Morning News, two drivers were injured in a
wrong-way collision near downtown Dallas, Texas. The accident occurred
around 1 a.m. when a Range Rover, driven by Ronald Nelson, was headed
southbound in the northbound lanes of the Dallas North Tollway. Nelson
struck a female driver in an Infiniti SUV head-on, near the Lemmon
Avenue exit. Both drivers were taken to local hospitals with what are
thought to be non-life threatening injuries. Texas DPS officials state
Nelson will be charged with driving while intoxicated.
Site of the
Accident
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Commentary It is
amazing the amount of wrong-way accidents that occur on the Tollway.
Unfortunately, almost all of them can be explained, partially at least,
by alcohol or some other intoxicant. These are though, only allegations
at this point, until the police reports come back with an intoxication
screen. Knowing that this is only speculation at this point, I would
like to discuss the potential ramifications if the driver was
intoxicated. First though, it should be noted that ramifications are
only made apparent with the help of another party examining the
accident. This includes inspecting the scene, but also both vehicles,
and tracing events of the wrong-way driver well before the incident.
So back to the ramifications of an accident involving an
intoxicated driver, there are other outlets available to an accident
victim, provided the cause of the collision. Once intoxication reports
do come back positive, a plaintiff would need to track where the
imbibing occurred. If this took place at a bar or restaurant, that
entity could be found partially liable in the accident if they were
found to serve an already intoxicated individual. In Texas, partial
liability of a bar results from the continued service of alcohol to an
"obviously intoxicated" individual ("obvious" being the legal term in
Texas). To legally serve alcohol, the TABC trains bartenders, waiters,
and staff how to identify an obviously intoxicated individual and stop
their service. When an establishment fails to do this, they not only
endanger the safety of the patron, but also the safety of others on the
roadway, should that patron get behind the wheel of a vehicle. This is
where partial liability is born. Partial though, as the bar or
restaurant did not actually drive the vehicle.
Dallas Personal Injury
Attorney Michael Grossman
Posted by:
Dallas Personal Injury Attorney Michael Grossman
| Posted on:
1/26/2012
| Comments (0)
As a Texas attorney practicing for 20 years, I have litigated all manner of personal injury cases. I use this blog as a place to write opinion / editorial articles on a variety of topics that catch my interest and as a means of sharing news stories relevant to personal injury accidents. I think the overwhelming majority of people are unaware just how common these types of accidents are and I hope this blog raises awareness to rather serious public safety concerns. However, this blog is simply a means for me to share my opinions and I would recommend that anyone who is considering seeking legal counsel should contact their family attorney.
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