Jesus Ortega, Banda Perez, Joyce Wright Injured in Car Accident in Spring, TX
Spring, TX -- June 19, 2022, Jesus Ortega, Banda Perez and Joyce Wright were injured due to an accident where their vehicles collided.
Authorities reported that the crash took place at around 1:40 a.m. along Kuykendahl Road near Country Pines Drive.
Officials said that 24-year-old Jesus Ortega and 26-year-old Banda Perez were in a Toyota Corolla traveling southbound along Kuykendahl. A Hyundai Elantra reportedly going northbound in southbound lanes then crashed into the Toyota head-on.
Both Perez and Ortega were said to have incapacitating injuries. The Hyundai driver, identified by officials as Joyce Ann Wright, also had incapacitating injuries.
Reports indicate that alcohol is believed to be a factor in the crash, with sources listing a .38 BAC test result following the crash. No further information is available at this time.
Commentary on Jesus Ortega, Banda Perez, Joyce Wright Car Accident in Spring
Just to be clear up front, it's not for me to comment on any specific allegations or charges that may result from this crash. That's between those involved in the crash and the authorities. But certain details could make this situation a lot more complex than folks may realize, and that's because a .38 BAC almost guarantees that there's a negligent alcohol provider here that needs to be held accountable for their role in the victims' injuries.
Put simply, dram shop law says that an alcohol provider who over-serves an obviously intoxicated person can be liable for damages resulting from that intoxication. But what is obviously intoxicated? Well, let's use the supposed registered BAC of .38, for example. The legal limit is .08 in most every state. At that level, most folks will possibly begin to show signs in their speech. At twice that, the average person is going to show all the telltale signs--slurred speech, glazed eyes, unsteady walk, etc. Three times that, a .24, causes many people to black out.
A .38 is nearly five times the legal limit. It is virtually impossible for someone not to show obvious signs of intoxication at that point. If there is some business that serves someone until they're that drunk or serves them even when they're half as drunk, they almost certainly broke the law. As such, they need to be held accountable for any harm that negligence leads to, and dram shop is a vital tool both for holding them accountable and for helping out the victims harmed in part by their reckless decisions.
Now, again, I can't say if any of that applies here. But I find too often that authorities will put a lot of focus on drunk drivers without actually taking steps to ensure people get the help they need. That's why independent investigations are often necessary, and it wouldn't surprise me to see that be the case here, as well. The sooner those steps are taken, the better.