Midland, TX — A DUI accident that took place in Midland, Texas, left a man with serious injuries on Tuesday. The accident took place in the 1900 block of East Front St. around 2:30 in the morning.
Jesse Magallanes was driving when his vehicle rolled and the passenger in his car was ejected. Officers arriving on the scene found the passenger bleeding from his ears and vomiting.
Magallanes told police that he had about five beers before he and his passenger headed out that night. The passenger suffered a skull fracture and was bleeding from his brain.
Magallanes was charged with intoxication assault with a vehicle causing serious bodily injury.
Scene of the Accident
Commentary
The reports I’ve read on this accident say specifically that the driver of the vehicle had been drinking before getting behind the wheel, but it doesn’t say anything about the passenger who was injured. From a legal standpoint, it doesn’t really matter. The driver is the one who has a responsibility to those riding along with him, so in this case, the passenger would have a claim against the driver.
It’s possible, that if the driver of the car were visibly intoxicated and was being served the alcohol he had at a bar or restaurant, then that establishment would also shoulder some of the liability for the accident. These are what’s known as dram shop laws, which were put in place to help regulate the selling of alcohol. Again, I’m only speculating that this might be the case here, but it’s definitely something to look into.
— Grossman Law Offices
