Fernando Herrera Killed in Auto Accident on US-281 in Bexar County, TX
Bexar County, TX -- April 2, 2022, 48-year-old Fernando Herrera was killed in a traffic accident on U.S. Highway 281 in Bexar County.
Authorities say the incident happened around 6:20 p.m. on US-281 at Mogford Road. Preliminary investigation suggests Herrera was driving a Honda Civic east on Mogford when he allegedly failed to yield to cross-traffic on US-281, entering the path of a northbound Toyota Tundra. The two vehicles collided in the roads' intersection.
Herrera suffered critical injuries in the crash and ultimately succumbed to them. The Toyota driver received possible injuries.
Investigators later amended their reports to include that Herrera's blood-alcohol concentration (BAC) was .217 at the time of the collision.
No further information is available at this time.
Commentary on Fernando Herrera Accident on US-281 in Bexar County
Police seem to have confirmed through blood tests 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 is sometimes responsible for alcohol-related wrecks and victims' injuries.
Texas and many other states broaden the scope of responsibility for DWI accidents beyond the drivers to sometimes include the businesses that sold or served them drinks. If investigations show that a licensed alcohol vendor over-served the Bexar County victim prior to the accident that took his life, that business may have violated dram shop law.
When alcohol providers sell or serve drinks to 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 such a negligent business partly responsible for the wreck and the victim's injuries, and it would be expected to make what 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, as well as helping to ensure that law-breaking businesses get a wake-up call and learn to follow the rules. Not every DWI crash involves a dram violation, but the possibility is important to look into after such accidents. Will the authorities look into that here, or is this another case where an independent investigation would be more helpful for the victim's loved ones as they seek answers and justice?