• April 19, 2022

Magda Padilla Injured by Alleged DWI Driver in Harris County, TX

Harris County, TX -- April 17, 2022, Magda Padilla was injured in a crash with an alleged DWI driver in Harris County.

Sources released few specifics about the accident. All they say at this time is that driver Oscar Henriquez, also known as Oscar Gomez, allegedly caused an accident while under the influence of an intoxicant and bodily injury was caused to Magda Padilla as a result. Henriquez was later arrested and charged with Intoxication Assault.

No further information is available at this time.

Commentary on Magda Padilla Accident in Harris County

A common mistake I see in these kinds of situations is thinking that what we see here is more or less all there is to know. Even with just the few published details some may feel the key points were hit: Someone hurt the victim while intoxicated and the suspect now faces criminal charges, so what more could there be to say? In the interest of ensuring justice is properly done, quite a bit.

One important detail that too often goes overlooked after a drunk driver hurts someone in Texas is where the driver obtained their alcohol before the accident. Many people probably don't see any reason to learn that detail since drunk driving is pretty much the same no matter where the "drunk" part comes from, but it's actually quite important. Depending on where the driver drank before the accident, the victim may have the right to seek help from the business that sold the drinks.

Magda Padilla Injured by Alleged DWI Driver in Harris County, TX

Many folks aren't aware of dram shop law or how it can help in a situation like this. In a nutshell, dram shop law prohibits licensed alcohol vendors (bars, restaurants, liquor and convenience stores, etc) from selling or serving alcohol to obviously intoxicated customers. If they do so illegally and their customers go on to cause or suffer injuries while under the influence, the business that provided too much to drink may be considered liable for the harm done.

Any business that had a hand in the victim's injuries should be held accountable for the role it played and do what it can to make things right. I'm not saying for certain that a dram shop violation happened here, but did the authorities even look into it? Little as I like to say it, my guess would be no. Law enforcement doesn't spend much time tracking down negligent over-service from bars, clubs, and restaurants, content instead to catch and punish the byproducts of that recklessness. That's why dram shop matters are most often dealt with by independent investigators. Their careful attention to detail and in-depth analysis may confirm no such violation occurred, but they could also be a step toward getting the victim the help they need and deserve.

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