Tyler, TX — There was a serious collision between a Chevrolet Camaro and a bicyclist this past Sunday morning (February 8, 2015) that left the man on the bike dead. He was later identified as David Durbin, 21 years old, from Whitehouse.
According to the news reports, Durbin was riding his bicycle along Old Jackonsville Highway this past Sunday morning around 1:15 when he tried to cross the road near Highway 49. Apparently, Durbin didn’t see the Chevrolet Camaro also driving along Old Jacksonville Highway and turned into its path, where he was hit.
Durbin died immediately in the accident and police said the driver of the Camaro, 45-year old Timothy Giroux, was not harmed. More investigation here is expected.
It’s not clear why Durbin didn’t see the car, but police are going to look into that in the coming days, as well as whether impairment or speeding on either side was a factor here.
Map of the Accident (Approximate)
One thing that stands out to me here is the possibility that alcohol was involved. Now, let me be clear in saying that I don’t see any reason to suspect that anybody was intoxicated, this is merely a though experiment. Let’s say that this person had been drinking somewhere, like a bar, had become intoxicated, then got on his bicycle and was involved in an accident. Most would say that the victim is at fault for his own accident, after all, nobody forces someone to drink and drive.
However, I’d counter by saying that if the bar served him while he was obviously intoxicated (which is against the law), then the bar should be facing charges. If a bar serves someone alcohol while they’re obviously under the influence, then they’re blatantly breaking the law, putting others in dangerous, and being irresponsible with their liquor license. They can be charged and cited by the local authorities and by the TABC. Furthermore, bars that break the law are subject to civil cases brought by those injured in a drunk driving accident — even the person who got into the accident.
It’s not that the bar completely “takes the blame,” it’s more like evening the load between the party that consumed the alcohol and the party that served the alcohol. Both have to follow rules and both break them all the time. The news doesn’t really report on which bar is breaking the law by over-serving people, though, they tend to focus on who’s behind the wheel. Not entirely fair, if you ask me.
Again, I don’t see any reason to suspect alcohol was involved here except for the early-morning hour at which the wreck happened. But, since this is my blog where I like to share my thoughts and opinions, this kind of information I think people should know.
— Grossman Law Offices