• September 30, 2021

Andrew Gomez Killed, One Injured in Street Racing Accident on Prue Rd in San Antonio, TX

UPDATE (October 5, 2021): Authorities have identified the man killed in this accident as 22-year-old Andrew Gomez. Gomez was reportedly returning home from work when he was hit by the BMW involved in the street race.

San Antonio, TX -- September 29, 2021, one person was killed and another was seriously injured after an alleged street racing accident on Prue Road in San Antonio.

Authorities say the incident happened shortly before midnight along the 800 block of Prue near the Kyle Seale Parkway intersection on the Northwest Side. Preliminary investigation suggests a 22-year-old man in a BMW vehicle was racing along the roadway next to an 18-year-old driving a Mercedes. Reports indicate the Mercedes merged in front of the BMW just before the Parkway intersection where the road narrows to one lane traveling each direction.

After passing the Kyle Seale intersection the BMW switched into the oncoming lane to pass the Mercedes as the vehicles entered an uphill grade, limiting forward visibility. Before the BMW could return to its lane it collided head-on with a Nissan traveling the other direction. The impact spun the Nissan away into a nearby ditch. The BMW driver lost control and ran into a ditch, then struck a fire hydrant before coming to a stop.

The Nissan driver was transported to a local hospital where he was pronounced dead. The BMW driver suffered serious injuries and was also taken to an area hospital.

Investigators learned the BMW was under the influence of alcohol at the time of the crash. After his release from the hospital he will be charged with Racing-SBI, Racing-Death, Manslaughter and Intoxication Manslaughter. The Mercedes driver returned to the scene and gave a statement. He was then arrested for Racing-SBI, Racing-Death and Manslaughter.

No further information is currently available.

Commentary on Andrew Gomez Accident on Prue Rd in San Antonio

UPDATE (February 3, 2022): Blood test results apparently confirmed that the BMW driver involved in this crash had a blood-alcohol concentration (BAC) of .118, over the legal limit of .08, at the time.

While that's far from the highest BAC I've seen in my years working on liquor liability cases, there's definitely a reason that the legal limit is set where it is. Some states have even lowered it further as they feel a .08 allows too much leeway to become dangerously drunk. Police seem to feel the racer's impairment was a significant factor in the crash, and as such it's important to find out where his drinks came from that night.

I mentioned in my previous remarks that businesses who sell or serve alcohol to an obviously intoxicated customer break the law by doing so. In those instances--which happen far too often--the people hurt and the families of those killed as a direct consequence of that over-service have the legal right to confront the negligent business in court.

To be clear, there's no direct evidence that any such over-service occurred before the race or the subsequent fatal crash. However, evidence now shows the driver drank somewhere and investigators should find out where that was. If a business acted negligently and a man lost his life as a result, they should be held properly accountable.

Andrew Gomez Killed, One Injured in Street Racing Accident on Prue Rd in San Antonio, TX

ORIGINAL: Street racing accidents like this one is alleged to be are always serious matters. While many races are conducted solely for the thrill or are organized by car clubs (despite being illegal), in some cases a spontaneous decision to race goes hand-in-hand with other concerning factors--particularly impairment. Indeed, further investigation into this crash suggests at least one of the two drivers racing along Prue Road was under the influence of alcohol at the time.

If blood tests prove that intoxication was a significant factor that night, there could be unique legal consequences to consider depending on where that driver was drinking prior to the crash. Why is that detail important? Because under Texas dram shop law any business that sold or served drinks to that driver if he was already obviously intoxicated may be liable for the damages he both caused and suffered. Not every DWI incident also involves a dram shop violation, but it's an important element to closely investigate any time alcohol consumption and injury or death seem to be tied together.

Obviously there are many concerns to address more immediately than where the drinks might have come from. I bring that up to emphasize that many further details beyond "who did what" are often involved with wrecks like this, and yet they aren't always acknowledged by authorities. Much of the time law enforcement goes no further than the surface-level details of a crash. That's why it's crucial to make sure an independent investigator also looks into this accident. If nothing else, those affected by this tragedy deserve to have all the facts.

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