Sherman, TX authorities have reported that 21-year old Marcus Johnson is still in recovery at Parkland Hospital in Dallas, TX after a serious accident on Sunday night, February 24, 2013. Johnson was critically injured when his motorcycle was struck by an alleged drunk driver along 1st Street in Sherman.
Scene of the Acident
Video
Johnson was reportedly riding his motorcycle along 1st Street near Spring Road with a friend at about 7:00 p.m. on Sunday night when 50-year old Elias Garcia’s oncoming pickup truck attempted to turn onto Spring Road in front of them, causing a serious collision. Johnson was critically injured and responding paramedics took him to Parkland Hospital via medical helicopter, where he has undergone multiple surgeries that included a leg amputation. The Sherman PD reported that Garcia was arrested on charges of intoxication assault after the accident as they suspected he was under the influence of alcohol. An investigation is still being conducted in the accident. As of Monday, February 25, Johnson was still in critical condition at Parkland.
Commentary:
Many people don’t understand our state legislature’s views on drunken driving accidents and how they’re handled, legally speaking. The most frequent complaint I hear is that Texas Dram Shop Law allows for the disregard of personal responsibility, but I don’t think that’s a very fair judgement. In a nutshell, Texas Dram Shop Law exists so as to hold the bar or restaurant partially responsible for drunken driving accidents as punishment for contributory negligence. When a person goes to a bar or restaurant, that establishment has an unspoken duty of care owed to their customer. The TABC says that a “licensed provider” of alcohol cannot, in the state of Texas, serve alcohol to a patron who is beyond the point of obvious physical intoxication or to someone who represents a danger to themselves or others.
If the bar/restaurant, in the interest of making a few extra dollars, continues to serve that customer alcohol and they go on to cause a drunk driving accident, the bar/restaurant is held liable for the accident on the grounds of partial liability. But for the excessive amounts of alcohol served to the customer, the accident would have been avoided. Still, the real issue that I have with all the arguments about Texas Dram Shop Laws is that they do not account for the well-being of the injured or deceased victims. Is it really fair to let the injured victim pay the highest price for someone else’s negligence? By all means, the drunk driver ought to be held responsible for their actions, but a bar or restaurant shouldn’t be allowed to walk away from the accident and continue to over-serve patrons — it simply doesn’t make sense. The accident victims are often unfairly treated or downright overlooked and it shouldn’t be the case.
