A pedestrian was struck by driver while in a crosswalk in an accident on the north side of San Antonio, Texas.
After running a red light, the driver of a van, turning from Parliament onto Blanco, hit an 18-year-old man in the middle of a crosswalk, and then struck another vehicle. Thanks to an eyewitness, San Antonio police were later able to apprehend and identify the 50-year-old female driver who fled the scene of the accident. The pedestrian is expected to recover from his injuries.
The van driver was charged with failure to stop and provide information, stop and render aid, and driving while intoxicated (DWI).
It may seem that in this case, the only person charged in this accident would be the driver of the van. However, under Texas law some types of alcohol-related accidents can result in legal liability for an alcohol vendor (or other third party) who continued to serve an allegedly inebriated individual. The law used in cases such as those, and possibly this case, is referred to as the “dram shop” law.
Under Texas dram shop law, those who sell alcoholic beverages can be held liable for injuries caused to customers if:
* The alcohol was sold/given to a minor (under 18); or
* When sold, the customer was clearly inebriated, posing a danger to self and/or others; and
* Being inebriated was a foreseeable cause of an accident/injuries.
“While we don’t know the rest of the details in this particular accident, the dram shop law would likely be an area a personal injury lawyer would check in putting together a lawsuit seeking compensation for medical bills and other elements of damage,” added Brooks Schuelke, an experienced and dedicated Austin personal injury lawyer, not involved in this case.
The driver in this instance would more than likely be charged with DWI, a criminal offense. However, despite criminal charges, a civil lawsuit can only be filed after the criminal suit is concluded. There is no bar to filing a personal injury lawsuit against a convicted individual.