Juan Carlos Rosales Killed in Harris County, TX Pedestrian Accident
Harris County, TX -- December 8, 2018, Juan Carlos Rosales was killed and Angel Marie Garcia faces charges following a pedestrian accident.
In their reports, authorities said that the collision occurred just after 2:00 a.m. in the 7200 block of TX-330 Spur, just off I-10.
According to police, 32-year-old Juan Carlos Rosales was outside of his vehicle stopped in the grassy area off the side of the road. While there, a southbound vehicle driven by 27-year-old Angel Marie Garcia lost control. This caused the vehicle to go off-road where it hit Rosales's vehicle. He was then hit by his own car, throwing him some distance.
Emergency responders pronounced Rosales deceased at the scene. Police say that Garcia left the scene on foot, but authorities identified her days in the days following the wreck. After an investigation, authorities charged Garcia with Failure to Stop and Render Aid.
At this time additional details are unavailable. The TxDOT crash summary and a Harris County charging document are available below.
One thing these reports don't mention is whether or not alcohol played a role in this crash. It's a very common factor not only at this time of the morning but also in hit-and-runs. The challenge is that it took police several days of investigations to make an arrest. As such, there likely wouldn't be enough evidence to convict someone for criminal charges since there's no BAC. However, one thing to consider is Dram Shop Law.
If the driver was on her way home from a bar when the crash happened, there may be receipts, witnesses, texts, surveillance footage, and other evidence that could prove she was over-served prior to the crash. If that's the case, then the victim's loved ones may still have a Dram Shop claim against the bar even if there isn't enough evidence for drunk driving charges. Again, that may not be relevant here, but it's worth looking into after any tragic wreck with these details. There are simply too many red flags to ignore.
--Grossman Law Offices