• February 11, 2019

Landon Casey Brittain Killed in Upshur County, TX, Rollover Accident

Upshur County, TX -- February 8, 2019, Landon Casey Brittain suffered fatal injuries following an accident where his vehicle ran off the side of the road.

Texas DPS investigators were called to the scene at around 4:00 p.m. just north of East Mountain.

In their reports, officials say that 31-year-old Brittain was driving a pickup along FM 1845 hauling a utility trailer. At FM 726, officials claim that the pickup did not stop at a stop sign, went through the intersection, and ran off-road. It then careened into a ditch, causing the pickup to overturn.

Brittain was ejected in the wreck and died at the scene of the crash. No one else was involved in the wreck.

At this time, authorities have yet to determine a cause for the accident.

Map of the Area

Commentary

UPDATE (March 27, 2019): A Texas Department of Transportation accident report released additional details surrounding the wreck. They clarified that Brittain may have been distracted by dogs in the vehicle when the vehicle lost control. At this time, police have not released any additional details surrounding what happened. The accident report is available below.

Landon Casey Brittain Accident Report

ORIGINAL: One of the main purposes of this blog is to address grim subjects for the purposes of informing the public of complex but important areas of the law. When it comes to rollovers, few people understand just how complex the law surrounding them can be. Investigators often examine the most common factors first: distraction, speeding, and intoxication. Of those possibilities, it is worth examining intoxication more closely due to the unique laws surrounding it.

If investigators find that alcohol contributes to an accident, it's crucial to find out where the driver got the alcohol. Dram Shop Law states that a licensed alcohol vendor that over-serves alcohol to an obviously intoxicated customer can be liable for damages resulting from that person's intoxication. Many people assume that single-vehicle accidents happen because drivers are texting or driving too fast. That certainly happens, but many times it turns out a negligent alcohol provider helped the driver lose control of their vehicle by breaking the law and over-serving them. When that happens, just as anyone faces consequences for breaking the law, it's important to seek out and hold accountable any local establishment that puts its sales over the safety of others.

And again, this is just one of many factors. Police tend to overlook these details as well as less common possibilities, like medical emergencies, mechanical failures, or hazardous road conditions. Much as I wouldn't be doing my job to address the possibility of alcohol, an investigator wouldn't be doing their job if they ignored these other factors, however common they may or may not be. Once all possibilities have been explored thoroughly, those affected by this terrible tragedy can utilize all the facts to figure out what comes next on their arduous path toward a resolution.

--Grossman Law Offices

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