• May 25, 2022

Ariana Oviedo Injured by Alleged DWI Driver near Gabriela’s in Austin, TX

Austin, TX -- May 6, 2022, Ariana Oviedo was struck and seriously injured by an alleged DWI driver outside an Austin restaurant.

Authorities say the incident happened around 4:00 a.m. at Gabriela's, a bar and restaurant located at 9600 South I-35 service road. Issued reports don't contain many details but say that Ariana Oviedo was struck and hurt by a Nissan Altima driven by Yonatan Rodriguez-Aviles.

Oviedo suffered serious injuries and was taken to an area hospital.

Investigators at the scene noted signs of intoxication from Rodriguez-Aviles and arrested him.

No further information is currently available.

Commentary on Ariana Oviedo Accident near Gabriela's in Austin

A mistake I often see after these accidents is believing there's nothing else to say about them. Someone hurt the victim while allegedly intoxicated and he now faces criminal charges, so what else is there to know? To make sure the victim gets the help she deserves, probably quite a bit.

For instance, one detail that too often goes overlooked after a DWI driver hurts someone is where their alcohol came from. Some probably don't see why that matters, but it's actually far more important than it seems. If the driver was over-served alcohol by a local business, it may have a legal duty to help the victim recover from her injuries.

Ariana Oviedo Injured by Alleged DWI Driver near Gabriela's in Austin, TX

Many folks aren't aware of Texas 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.

I'm not saying I know a dram violation happened here, but I can't help but notice that the crash occurred right outside a bar. That could just be a coincidence, but did police even consider that the business might have contributed to the victim's injuries? Little as I like saying it, probably not. Law enforcement doesn't spend much time tracking down reckless over-service, content just to catch and punish the over-served drivers. That's why dram shop matters are most often dealt with by independent investigators. Their careful attention to detail could be a step toward getting the victim the help and justice she deserves.

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