Local reports indicate a man was injured after being hit by a car in Dallas Texas. The accident occurred around 3:30 a.m. Friday September 23 when the construction worker was hit by a car on Interstate 30. Witnesses report the collision threw the man 15 feet in the air. His identity or condition have not been released. The driver was arrested in the incident.
Site of the Accident
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Commentary
The news feed does not give a good representation of what happened this morning but we all hope this man enjoys a full recovery from the accident. Construction work can be dangerous but is essential to the vitality of the Metroplex. The story notes that the driver was arrested possibly indicating there was more to this incident than just an accident. The timing of this accident is suspicious. A third party investigation is needed separate the police reports to determine liability in this accident.
I mention the timing as suspicious because I would not be surprised to see the investigation return a driver who was operating under the influence. If the driver was found to be drinking and driving they could face great liability in a personal injury claim as this is seen as a reckless act.
Again the police reports and investigation would need to corroborate this but if intoxicants played a role in the accident a bar or restaurant could face liability in the collision as well. The state of Texas allows for a bar or restaurant to be included in a claim if a patron is served past the point of intoxication and is involved in an accident. The laws are used to give some enforcement to the TABC rules which allow for these entities to legally serve alcohol. In particular one of these rules is when to cut a guest off which unfortunately is all too often broken by bartenders.
These laws called dram shop laws do not take fault away from the driver as they still face the personal injury claim and any criminal charges but rather the laws attempt to balance the delicate relationship of an alcohol-serving business with their drive for profit.
Successful dram shop claims produce results twofold as they compensate an injury resulting from an alcohol-related accident and they punish bars who over-serve patrons. The latter of which could prevent another accident from occurring actually making the results threefold.
Dallas Personal Injury Attorney Michael Grossman
