Keith Martin Injured in OHV Accident on Knox Rd in Hood County, TX
Hood County, TX — June 12, 2022, 42-year-old Keith Martin was seriously injured in an off-highway vehicle (OHV) accident on Know Road in Hood County.
According to reports the incident happened around 12:10 p.m. on Knox near U.S. Highway 377. Preliminary investigation suggests Martin was driving a Can-Am Maverick OHV north on Know when he turned left into a private drive. He reportedly lost control on the loose caliche surface of the drive and slid off, after which the OHV overturned on its side.
Martin suffered serious injuries in the crash. Blood tests later indicated he had a blood-alcohol concentration (BAC) of .166 at the time.
No further information is available at this time.
Commentary on Keith Martin Accident in Hood County
Police seem to have confirmed that the victim of this crash was intoxicated at the time. That may have some legal consequences for him, but while some may think that's more or less the end of it investigators should also find out where he drank. Why is that detail important? Because if he was over-served somewhere, that business may be legally responsible for his injuries.
Texas dram shop law basically says alcohol vendors like bars, restaurants, clubs, and stores can't sell or serve drinks to an obviously intoxicated customer. If they keep refilling someone's glass or sell him a six-pack when they can clearly tell he's past his limits, they break the law. Period. In those cases they may be liable if their customer hurts himself or anyone else while under the influence of all those drinks.
Dram shop claims serve the dual purposes of getting badly-injured people help with their recovery and also teaching negligent businesses a lesson about getting their priorities in order. It's not clear whether a dram violation occurred here, but in the interest of a full and thorough investigation the possibility should be considered. If police won't do that, maybe an independent investigation would do more to help the victim.
Unfortunately police aren't likely to test for intoxication for anyone except the driver. Somebody should, though. Why? Because if she and her passengers were drinking at a local bar or other alcohol-serving business and the passenger drank too much to make good choices, that business might be responsible for his fatal injuries under Texas dram shop law.
