Lorena, TX — On February 3, 2019, a single-vehicle crash involving an alleged drunk driver sent Joseph Richard Davy, Jr. to jail for a DWI.
According to the official police report about the crash, Davy’s Ford F-150 pickup truck was southbound in the 1000 block of North Houston Street around 2:40 a.m. The truck reportedly swerved off the roadway to the right and struck two mailboxes, then over-corrected and crossed the lanes in the other direction, finally crashing through a ditch before hitting a tree.
Davy suffered non-incapacitating injuries in the wreck.
Responding officers arrested Davy for driving while intoxicated.
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Lorena police seem mostly to have seized on this incident as a chance to crack wise on their social media account (“Uber or Lyft is so much cheaper, they said in a Facebook post about the crash), but drunk driving is serious business. Since Davy was arrested at the scene, that suggests he may not have been injured too badly by the crash or the first stop would have been a hospital instead of a jail cell.
Had he or anyone else been seriously injured, though, any place he might have been drinking that night could be legally responsible for those damages. Under Texas dram shop law, an establishment that over-serves an obviously intoxicated customer could be liable if that person then harms someone–even himself–as a result of his intoxication.
In the context of the Lorena crash, Davy and anyone else he could potentially have harmed in his drunken state might have a case against any licensed alcohol vendor (bar, restaurant, club, liquor store, etc) that sold him more booze after he clearly should have been cut off.
When people are hurt because a bar broke the law, injured victims and their families may be able to hold that negligent alcohol provider accountable for its negligence.
–Grossman Law Offices