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Katherine Ann Addison and Kendall D. Addison Jr. Killed in Accident with Suspected Drunk Driver near Katy, TX
According to the Houston Chronicle, a woman and her son were killed in
an accident with a suspected drunk driver in Brookshire, near Katy,
Texas. The accident occurred around 2:30 a.m. Thursday, December 12 when
48-year-old Katherine Ann Addison and her 12-year-old son Kendall D.
Addison Jr. were on their way to visit relatives. They incurred a flat
tire, and as Katherine Addison started to change the tire, a pickup
driven by Taylor C. McShan struck her and her vehicle, igniting the car.
Katherine and Kendall both died as a result of the accident. McShan has
been charged with two counts of intoxication manslaughter. Texas DPS
continue to investigate the accident.
Commentary A very
unfortunate accident. Because there may be multiple parties at fault in
this accident, an independent investigation should be used to develop
theories of liability as well as uncover potential strategies regarding
civil restitution. Certainly the most apparent result is a
wrongful death claim against the driver of the other vehicle. To have
standing for such a motion, a party must first be identified as liable.
Then, the liable party's actions must be deemed negligent, which the
most simple definition is allowing one's actions to fall below what a
reasonable person could expect at the time of the accident. If the
alcohol allegations prove to be true, this very well may reach the
threshold of unreasonable. From there, a claim need only survivors who
are eligible under Texas laws to file on the victim's behalf, and the
survivors must be able to show an actual financial loss from the
accident. Regarding other potentially liable parties, if the
alcohol allegations are accurate, the aforementioned investigation would
be tasked with tracing the driver's whereabouts prior to the incident.
If an alcohol-serving entity were found to serve the driver after they
were obviously intoxicated (this being the legal standard in Texas),
they too may be partially liable. These laws, called dram shop laws,
were put in place to balance the interests between for-profit bars and
restaurants with the patrons they serve. It is a dangerous thing, and in
fact against the law, for a licensed alcohol provider to serve an
obviously intoxicated individual. You'll notice I mention they are only
partially liable, as a provider will never be held fully liable due to
their only indirect involvement.
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