According to recent news reports out of Austin Texas a cyclist experienced severe injuries as a result of being struck by an alleged drunk driver. The accident occurred on Friday Dec. 17 around 2 a.m. in the 4400 block of S. First Street. Responding officers found the injured bicycle-rider and three other people at the accident site claiming to be witnesses. Officers smelled alcohol on one of the supposed witnesses Francisco Cazarez. He first admitted to not seeing the accident then provided a precise description of the SUV involved in the accident. Upon inspection of the SUV officers could see a torsos imprint on the hood. After a field sobriety test Casarez was arrested on a charge of intoxication assault. The cyclist was transported to Brackenridge Hospital with serious injuries including a traumatic brain injury multiple arm and leg fractures and a collapsed lung.
Bicycle accidents can cause severe personal injury due to the lack of safety features provided for a bicycle rider. However other drivers are to provide for the public safety of all other drivers on the road including cyclists. When an accident occurs that results in an injury or a death that legal duty is said to have been violated and an injured victim can hold the negligent party civilly liable for the outcome even if that liable party may be facing criminal charges. Furthermore Texas dram shop law works to hold a negligent alcohol-serving establishment accountable should their negligence have contributed to a drunk driving accident. Such negligence can occur when a patron is over-served alcohol such that they exceed the .08 legal blood alcohol content level for Texas. If an intoxicated driver then leaves a bar or restaurant after becoming drunk the bar or restaurant could be held partially liable for such an accident. An independent investigation may be conducted in order to discover if such a connection existed.
– Austin Personal Injury Attorney Michael Grossman
