32-year-old construction worker Ricardo Magallon was killed on Saturday October 16 2010 when an alleged drunk driver was driving the wrong way on Airport Freeway in Hurst Texas and crashed head-on into Magallons 2004 Kia Spectra. The accident occurred around 5 a.m. in the 400 block of Texas 121 near the Hurstview Drive bridge. The driver of the 1999 Ford Windstar that caused the accident 22-year-old Eric Supe was arrested and accused of intoxication assault. Blood test results are pending and Supe was released from the Hurst jail on a $5000 bond. Magallon was taken by air ambulance to Texas Health Harris Methodist Hospital Fort Worth where he later died.
While the blood test is still pending most of the details within this news story point to the intoxication of the van driver as the immediate cause of this unfortunate accident. While legal action through a civil suit can be pursued against the driver Texas dram shop law also allows for legal action to be sought against an alcohol-serving establishment if theyre assumed to have been negligent in their duties in relation to the accident. In other words if a bar or restaurant over-served this driver to the point of exceeding Texas legal blood alcohol content level of .08% or knowingly allowed this driver to leave their premises while intoxicated the bar or restaurant can share some of the liability for this accident. Identifying all liable parties is important so that they can be held accountable for their negligent behavior in the hopes that such an accident does not have to happen to another family in the future.
- Dallas wrongful death lawyer Michael Grossman