Kevin Giesbrecht, Abram Guenther Injured in Gaines County, TX Auto Accident
Gaines County, TX — May 31, 2022, 20-year-old Kevin Giesbrecht and 55-year-old Abram Guenther were injured in a crash on FM 181 in Gaines County.
According to reports the incident happened around 6:30 p.m. on Farm to Market Road 181 at County Road 303. Preliminary investigation suggests Guenther was driving a Ford F-150 pickup truck southwest on the roadway and slowed to make a left turn at CR 303. While turning he failed to yield the right-of-way to Giesbrecht's northbound GMC Sierra pickup.
Despite Giesbrecht's evasive attempts, the trucks crashed head-on in the road. After the impact the Ford spun back northward and the GMC ran off the road, hitting a row of mailboxes.
Giesbrecht and Guenther both suffered serious injuries in the crash. According to reports Guenther told paramedics he had consumed alcohol prior to the accident; blood samples were collected for testing.
No further information is available at this time.
Commentary on Kevin Giesbrecht, Abram Guenther Accident in Gaines County
Given one driver's reported confession of drinking it's not shocking that police think alcohol could have played a part here. They'll likely need something more definitive like blood test results to know how much of a role it had, but depending on what's learned that victim may face some legal consequences. That isn't for me to speculate on, though. I'd rather look at ways to help both him and the other injured driver get back on their feet.
One avenue that might prove helpful to both injured men is Texas dram shop law, which broadens the scope of responsibility for alcohol-related crashes beyond the drivers to often include the businesses that sold them their drinks. When bars or other licensed businesses sell or serve alcohol to obviously intoxicated customers, the law says they may be liable for any injuries those customers cause and/or suffer while under the influence. The business would then have to help the people hurt by its negligence recover from their injuries.
Not every DWI accident has a dram shop violation before it. For instance, if the suspect drank at home then it's not likely that a business could be held liable for the damage done in the crash. Even if something like that is the case, though, it's important to know for sure when alcohol and injuries are tied together.
So will the authorities find out where the drinks came from? Frankly, I doubt it. Police don't look too hard for dram shop violations despite how important it is to put a stop to them. Victims of drunk driving accidents, even the drivers themselves, are better off when independent investigators look for the evidence they need to hold a negligent business responsible.
