According to local reports a dump truck driver was injured after a collision with a suspected drunk driver in Irving Texas. The accident occurred around 12:30 a.m. Wednesday September 21 when the driver crashed into the truck near OConnor Road and Highway 114. Identities and statuses of the truck driver or the alleged drunk driver have not been released at present time.
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Commentary
I hope both drivers recover fully and I hope a lesson was learned from this accident. It is unfortunate but many victims in these types of accidents dont make it. To begin a third party investigation is needed for liability purposes. If the driver was indeed found to be intoxicated prior to the accident they could face great fault in a personal injury claim by the victim. When a driver makes the decision to drink and then drive they make a decision that endangers themselves and everyone else on the roadway. This is a reckless act in both the letters of criminal and civil law.
The news feed makes no mention of this but if the investigation were to find a driver who was imbibing at a bar or restaurant prior to the accident that establishment could face partial liability in a dram shop claim. Under Texas law if a bar or restaurant serves a patron past the point of intoxication and that person becomes involved in an accident the entity could incur partial liability from the collision. The TABC dictates rules and trains these bars in how to legally and safely serve alcohol. Among this training bartenders receive is a course on when to cut patrons off when they are identified as intoxicated. Unfortunately many servers overlook this rule in the name of profit.
Many interpret this legal route as a way to reduce accountability for the guests who leave these bars and drive. This is simply not the case. The criminal side of the law directly punishes intoxicated drivers while the civil side of the law hits their pocket books. The latter of which by the way is in many cases the only way to stop a bars over-serving of guests as the fines TABC can levy leave something to be desired.
Irving Personal Injury Attorney Michael Grossman
