According to the Corpus Christi Caller-Times a man was killed after being rear-ended by a suspected drunk driver in Port Aransas Texas. The wreck occurred around 1 a.m. Tuesday November 8 when 52-year-old Jonathan Roos was struck from behind by 32-year-old John Eric Dominguez. Dominguez who was uninjured in the accident was arrested for suspected intoxication manslaughter with a vehicle. Port Aransas Police continue to investigate the accident.
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Drunk driving accidents are proving to be a thorn in the culture of Texas. If the police reports prove an intoxicated driver he and another party could be liable in the accident.
Before continuing on that thought a third party investigation should be conducted to formulate a civil strategy. As mentioned before all those who are liable may not be present at the scene. Certainly the most apparent outcome from a fatal car accident is a wrongful death claim. These actions are dependent on a finding of negligence from another party that caused the wreck. In a legal sense negligence is a party allowing their standard of care to fall below what a reasonable person would expect prior to the accident. This determination is paramount to forming the basis of a wrongful death claim.
On to the other potentially liable party if the police do confirm the driver was intoxicated the separate investigation would then trace his actions before the accident. If the man was found to be served past the point of being obviously intoxicated at a bar or restaurant that entity could possibly be found partially liable. Guided by the TABC it is illegal to serve a patron after they are visibly intoxicated. Any continued service is not only dangerous to the individual but also to the general public especially if the person is allowed to drive. It is a dangerous relationship a bar has with their patrons as safety is certainly a pressing issue but on the other hand the entity operates for-profit.
It should be noted however that a bar will never be found fully liable in a drunk driving accident as at the end of the day they were not driving the vehicle. The relevant laws and caselaw aim to pursue bars that are negligently over-serving their patrons while still faulting the driver who caused the accident.
Corpus Christi Wrongful Death Attorney Michael Grossman