Cypress, TX — A fatal accident between a Suzuki motorcycle and a Range Rover SUV left Cesar Lerman dead early Wednesday morning, April 17, 2013. Police said the accident happened at Telge Road and Spring Cypress Road at about 8:20 a.m. The driver of the Range Rover was arrested for intoxication manslaughter.

Lerman was reportedly riding north on Telge Road when a white Range Rover pulled out from a business driveway and did not yield. The two vehicles collided and Lerman was fatally injured. He was taken to a local hospital by paramedics, but passed away a short time later. Police said that the driver of the Range Rover was arrested for intoxication manslaughter after police suspected that they were under the influence of alcohol.

Scene of the Accident

Commentary:

Whenever alcohol is involved in an accident like this, I recommend that a full investigation be done – including where the driver was allegedly drinking and any past infractions. In the state of Texas, a bar can be held liable for an accident if one of their customers is over-served and then causes an accident. However, chances are that this restaurant or bar has a history of over-serving their patrons. One of the ways to prevent accidents like this from happening is by holding the bar or restaurant responsible for their part in all of it. If a patron is served alcohol beyond the point of obvious physical intoxication, then it becomes negligence on the bar’s part. I typically don’t have to look very far before seeing signs that alcohol service is very loosely monitored in these situations.

 

Attorney Michael Grossman

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Responses (3)

  1. I have to say that this was a terrible tragedy. I did not know Cesar, however I passed the spot only minutes before the accident happened. My kids saw the scene on the school bus on the way to school. My wife called me on her way to work and gave me details. I find the above comments unlikely (Yet not impossible) that a restaurant or bar was the culprit as this took place at 8:20 am. The woman driver needs to spend some time in prison. Being drunk at 8 am in the morning pretty much constitutes a drinking problem. Prayers to the family.

  2. I would be inclined to agree with you if restaurants/bars had a reputation for following the rules. However, if they’ve served a customer alcohol beyond the point of obvious physical intoxication, then it’s clear that they don’t have much respect for “the rules.” Why would it be any different for the closing time? I have to assume that if they’re OK with breaking one rule, they’d be OK with breaking another.

    I realize that it sounds rare for a bar to stay open past 2:00 a.m., but it happens much more frequently than most people would believe. Many times, it’s the workers, bartenders, and servers who stay at the bar after hours and continue to drink. In the service industry, this isn’t at all uncommon. We’ve handled a case where an employee of a bar stayed after closing time and drank until 7:00 a.m., then left. He was in a fatal accident that killed a man at about 8:00 a.m. that morning.

    It’s true that personal responsibility is a big factor in accidents like these. We’re all responsible for our own behavior and choices. But when a business makes a profit by serving alcohol to an already-drunk customer who gets into a fatal accident, they become part of the problem. The rules set forth by the TABC and our state legislature are there for a reason and it’s flat-out illegal for a bar or restaurant to negligently serve or provide alcohol.

  3. My 5 year old granddaughter was on also on a bus that witnessed the accident with Cesar Lerman after it happened. When I tried to talk to her about it when she got off the bus that afternoon, all she could talk about was “hundreds of people were running to him helping him.” I thought the family should know that. They are in our prayers as we pass it daily and see the sign.

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