Dallas wrongful death attorney Michael Grossman discusses the legal ramifications of the drunk driving accident that claimed the life of Sonia Baker
On December 11, 2009, Sonia Baker lost her life in a tragic drunken driving accident. The fatal collision occurred as an off-duty Fort Worth police officer crashed into Baker's PT cruiser in the 3800 block of Columbus Trail. According to an investigation conducted by the Fort Worth Police Department, the officer's blood alcohol level was more than twice the legal limit at .17BAC.
The officer will more than likely be charged with criminal charges and intoxication manslaughter seems to be a likely charge. However, what may be less obvious is that the family of the victim will also have a civil cause of action against Officer Cisneros and other potential defendants as well.
In the State of Texas, Mrs. Baker's children and husband would have a wrongful death claim whereby they are entitled to wrongful death damages (moneys owed to the family members to compensate them for their painful loss) and survival damages (moneys owed to the estate of the decedent for Mrs. Baker's pain and suffering, medical expenses, etc.). Naturally, the family can pursue such a claim against Offices Cisneros.
But another important questions remains: Where did Officer Cisneros get the alcohol? If it turns out that he had been drinking at a bar or restaurant, that establishment would have a significant portion of liability and a wrongful death suit can be brought against them. This is known as dram shop law or liquor liability.
It breaks down like this: Bars would obviously like to sell large quantities of alcohol to their customers because doing so would yield bigger profits. Since alcohol can have such detrimental effects, the state passed rather strict laws that limit both the amount of alcohol that can be served and the methods for distributing that alcohol. Every server that handles alcohol must be certified to do so by the Texas Alcoholic Beverage Commission. Throughout the certification process, applicants are constantly told how they are responsible for the service and over-service of alcohol. The bottom line is that it is illegal to serve a patron to the point of intoxication. If you do serve someone to that point, you assume responsibility for their actions.
In order to ensure that bars are not sending people out onto the roadways to kill or injure others, bars must have systems in place to monitor the amount of alcohol sold and to monitor the patron's level of intoxication. It is a very straightforward concept, yet it is one that is regularly ignored by bars and restaurants who have more interest in money than safety.
The mere fact that this officer had a .17 BAC is an incredibly strong indication that he would have been showing signs of obvious intoxication. If he was served at a bar or restaurant, Mrs. Baker's family would be able to pursue legal action against that establishment.
Regardless of those potential circumstances, this is simply a tragic example of how alcohol consumption can have dire consequences. Because of Officer Cisneros' actions, and potentially because of the actions of other possible defendant's, the Bakers have suffered an immense tragedy. I wish the best for all of Mrs. Baker's friends and family.
Posted by:
Dallas wrongful death attorney Michael Grossman
| Posted on:
12/21/2009
| Comments (0)
The stories and situations mentioned on this blog are for informational purposes
only. Grossman Law Offices does not claim to represent any party referenced in this
post. This blog exists to raise public awareness of the very real dangers we face
every day and to serve as a central location where information and opinions can
be exchanged with regard to the way that the situations mentioned on this site are
impacted by existing legal statutes.
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