According to WFAA a motorcyclist was injured in a head-on collision in the Fair Park area of Dallas Texas. The accident occurred around 1:30 a.m. Thursday September 29 when the biker was struck by a driver who police are investigating for driving under the influence. Police believe the driver was traveling the wrong-way along the 6-lane street of Robert B. Cullum Boulevard. The motorcyclist was taken to a local hospital where their status is unknown.
Update: The motorcyclist has been identified as 54-year-old Earnest Cleveland.
Site of the Accident
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Commentary
I hope the motorcyclist experiences a full recovery from the accident. An independent investigation is needed to determine liability from the collision. The reports suggest the police are investigating the driver of the other vehicle for suspicion of driving under the influence. Certainly these are only allegations at this point but this could prove crucial in both criminal and civil matters.
If the driver was indeed found to be drinking most realize the criminal penalties they could face. However other civil actions are possible. With a verified account of driving under the influence the driver could face liability in a personal injury claim. The law views this act as reckless and a possible breach of the reasonable responsibility to safety that drivers possess on the roadways.
Furthermore the timing of this accident makes me question if another party is involved in this accident. Again the investigation would need to corroborate that the driver was under the influence at the time of the accident but from there the focus should turn to whether or not a bar or restaurant was involved in the over-serving of a patron. Texas holds laws called dram shop laws which can partially fault an alcohol-serving entity if they are found to have over-served a patron who is then involved in an accident. This is a technical process that requires pairing the intoxication level with the establishment but can go a long way in compensating a victim in a drunk driving accident. In no way does a dram shop action remove fault from the driver as they still face the same penalties as I mentioned before but rather they aim to enforce rules established by the TABC.
Regardless of the outcomes of this accident I hope the motorcyclist recovers fully. From there civil claims can be made to get life back to the way it was before the accident and move on.
Dallas Personal Injury Attorney Michael Grossman
