• February 08, 2019

Matthew Kimmel Killed in Double Hit-and-Run Accident in Crosby, TX

Crosby, TX -- On February 7, 2019, Matthew Kimmel was struck and fatally injured by two vehicles that fled the scene in Crosby.

Police say the crash happened around 10:50 p.m. at North Diamondhead Boulevard and Farm to Market Road (FM) 2100. Kimmel was reportedly standing in the middle of the northbound lane on FM 2100 when he was struck by a Mercury Grand Marquis. The car ran off the roadway and crashed into a drainage ditch; its female driver fled the scene on foot.

Kimmel fell to the ground after being struck and was then hit by a pickup truck. The truck also left the scene heading north.

Kimmel was airlifted to Memorial Hermann Hospital in critical condition. He died in the early hours of Friday, February 8.

The Harris County Sheriff's Office continues to investigate the wreck, including searching for the runaway drivers.

Map of the Area

Commentary

While the pickup truck driver may be somewhat difficult to locate with few witnesses to the wreck, the woman who originally crashed into Mr. Kimmel will presumably be caught pretty quickly. After all, she left her car at the scene, which can likely be traced back to her in fairly short order (unless it was stolen).

Given how easy it should be to locate her, one has to wonder: Why did she run at all? Motive is an important factor to determine following a hit-and-run accident. Some might believe these drivers flee the scene out of panic, but that's not as common as people think. More often, they leave because there's something in their past or present lives that they don't want police to discover.

When the crash happens at night as it did in Crosby, it increases the chances that the driver ran because she was intoxicated and didn't want to be caught driving drunk. But would that really matter? When she's found she'll face charges anyway, right?

It matters because if alcohol was involved, it's possible the place that served the drunk driver would be her accomplice in the eyes of the law. Texas Dram Shop Law says that a licensed alcohol vendor that over-serves alcohol to an obviously intoxicated customer may be liable for damages resulting from that person's intoxication. This is especially important to consider in hit-and-run accidents, because in many of them the driver is extremely, dangerously drunk. A seriously impaired sense of judgment could certainly cause someone to leave a crash scene, and few things compromise decision-making like alcohol.

When police find this driver, she will likely face criminal penalties for hitting Mr. Kimmel and fleeing. I'm confident they will find the other driver as well, and he or she too must face the consequences of running away. If it also turns out a negligent alcohol provider was involved as well, they should also be held responsible for their actions.

--Grossman Law Offices

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