• February 01, 2022

Malcolm McBath Dies in Single-Vehicle Accident on US-259 in Rusk County, TX

Rusk County, TX -- December 19, 2021, 37-year-old Malcolm McBath died in a single-vehicle accident on U.S. Highway 259 in Rusk County.

Authorities say the incident happened around 1:25 a.m. on US-259 near Farm to Market Road 850. Preliminary investigation suggests McBath was driving a Toyota Corolla south on the highway when he lost control of the vehicle. The Toyota partially entered the median and McBath steered right, over-correcting and passing through the southbound lanes off the west side of the road. It entered a side-skid in the west ditch, then hit a tree and a fence surrounding a nearby property. After coming to rest against the tree the Toyota caught fire.

McBath suffered fatal injuries in the accident. Blood tests later showed that he had a blood-alcohol concentration (BAC) of approximately .251 at the time.

No further information is currently available.

Commentary on Malcolm McBath Accident on US-259 in Rusk County

Police seem to have confirmed that the victim of this crash was intoxicated at the time. Some may feel there's little else to say about that since his passing means he's beyond the reach of any legal consequences, but they may not realize that another party may be responsible for some alcohol-related crashes.

Texas and many other states broaden the scope of responsibility for DWI accidents beyond just the drivers themselves to sometimes include the businesses that sold or served them drinks. If investigations show that a licensed alcohol vendor over-served the Rusk County victim prior to the accident that took his life, there may be further considerations in this wreck beyond the obvious.

Malcolm McBath Dies in Single-Vehicle Accident on US-259 in Rusk County, TX

When alcohol providers keep serving an obviously intoxicated customer and that customer's impairment causes injuries to himself or others--most commonly in a DWI accident--the businesses may be liable for the damage done under dram shop law. The law would consider that business responsible for the wreck and the victim's injuries; it would then be expected to make whatever amends it could to the people affected by its reckless over-service.

Dram shop is a valuable but lesser-known tool to help victims and families get back on their feet after DWI accidents. Will the authorities neglect the possibility of a dram shop violation as they often do, or are steps actually being taken to make sure the driver's family gets the help they need and deserve?

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