• January 26, 2022

Juan Cervantes Killed in Motorcycle Accident on FM 523 in Brazoria County, TX

Brazoria County, TX -- September 3, 2021, 31-year-old Juan Cervantes was killed in a single-vehicle accident on Farm to Market Road 523 in Brazoria County.

Authorities say the incident happened around 1:15 p.m. on FM 523 at County Road 458. Preliminary investigation suggests Cervantes was riding a Honda motorcycle south on the roadway when he lost control while exiting a right-hand curve. The motorcycle traveled off the left side of the roadway at CR 458, traveled a short distance southeast, then overturned and crashed.

Cervantes was thrown from the motorcycle during the wreck and suffered fatal injuries.

Tests later showed that Cervantes had a blood-alcohol concentration (BAC) of .179 at the time of the accident.

No further information is available at this time.

Commentary on Juan Cervantes Accident on FM 523 in Brazoria County

Test results seem to confirm the victim was intoxicated by alcohol at the time of this crash. Some may assume there's little else to say about that since he tragically passed away, but the complexity of the laws surrounding alcohol-related accidents mean someone else should face some accountability.

Texas takes DWI wrecks very seriously and in many cases looks beyond the drivers to find out where their alcohol came from. Depending on what is learned about that, a local business may have violated dram shop law and that could have important consequences of its own.

Juan Cervantes Killed in Motorcycle Accident on FM 523 in Brazoria County, TX

Dram shop law isn't well-known by the general public. In a nutshell, it prohibits licensed alcohol vendors (bars, restaurants, liquor and convenience stores, etc) from selling or serving alcohol to obviously intoxicated customers. When someone is hurt or killed in an alcohol-related accident--even the driver himself--such negligent businesses may have an obligation to help the victims and their families recover as much as they can.

Dram shop law punishes reckless businesses for ignoring their obligations to public safety. Moreover, it lets crash victims confront the businesses in court and hold them responsible for their role in causing serious or even fatal injuries. That's not to say that a negligent business must have played a part in the Brazoria County accident, but since intoxication by alcohol is apparently confirmed then the possibility of a dram shop violation bears looking into.

Bars and other alcohol vendors often get away with negligent over-service because despite the hazards they create police rarely look into their bad behavior. If there are no arrests to make at the scene they generally consider the matter resolved. That's hardly a complete investigation, though, and in many cases it allows a law-breaking business to continue as usual. For everyone's sake that behavior has to be identified and stopped. If victims and families can get much-needed help in the process, so much the better.

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