Daniela Carbajal Injured in Single-Vehicle Accident on I-35 in Kyle, TX
Kyle, TX -- April 16, 2022, 20-year-old Daniela Carbajal was seriously injured in a single-vehicle crash on Interstate 35 in Hays County.
According to reports, the incident happened around 5:25 p.m. on I-35 near Hill Street. Preliminary investigation suggests Carbajal was driving a Volvo S60 sedan north on the freeway when she lost control. The car veered through the grass median onto the frontage road, then hit the east bar ditch and vaulted into a nearby field.
Carbajal suffered serious injuries in the crash. According to reports she later admitted to drinking alcohol at a party before driving. Police planned to subpoena her hospital treatment records as part of a DWI investigation.
No further information is currently available.
Commentary on Daniela Carbajal Accident on I-35 in Hays County
While much of the time I write about DWI crashes after someone is sold too much alcohol by a bar or store, in many instances a business isn't involved. The law surrounding those incidents, called social host liability, can sometimes be just as confusing as its business-related counterpart dram shop law.
In a nutshell, the law says that when a person provides alcohol in a social setting like a party, or any situation where they're not selling it for money, they are generally considered a social host. When a social host gives alcohol to an adult who willingly accepts it, the law doesn't consider that host responsible for any damages a person goes on to cause even if they become intoxicated. This is different than the dram shop rules surrounding businesses, as the law may consider them liable for the injuries caused or suffered by their drunken customers.
The situation in Kyle doesn't appear to involve dram shop violations unless the party took place in a bar or restaurant. That's certainly not unheard of and the party's location should be learned--as another detail for the report if nothing else, but also to learn whether a dram shop violation should be looked into.
Laws surrounding alcohol-related incidents can be a little confusing to those without much experience in them, but it's important to be aware of one's rights and in what situations they may apply. The outcome of the Kyle investigation might change the victim's available options while trying to recover from her accident.