Two Injured in Crash with Alleged DWI Driver on I-35 in San Marcos, TX
San Marcos, TX — July 14, 2022, two people were seriously injured in a crash with a suspected drunk driver on Interstate 35 in San Marcos.
Authorities say the incident happened around 1:55 a.m. on I-35 near Riverwalk Loop. Preliminary investigation suggests 31-year-old Colton Kennedy was driving a Lexus coupe south on the interstate in the same area as the victims' Ford Transit van. Kennedy reportedly tried to pass the van on its passenger side by instead struck it on the rear-right bumper.
The impact sent the Lexus underneath the van and created a wedge that caused the Ford to overturn. It slid around 100 feet and came to rest on its passenger side. The Lexus veered off the road and crashed into a pole.
Both occupants of the Ford van suffered serious injuries in the crash. Kennedy and his passenger both allegedly fled the scene on foot, but the passenger was apprehended and brought back by police.
No further information is currently available.
Commentary on Car Accident on I-35 in San Marcos
Whatever criminal charges may await the suspect in this crash, it seems as though he earned them based on how things allegedly went down. However, I would argue that the same accountability should extend to everyone who played a role in injuring those innocent people. Since police strongly suspect intoxication played a part, that might extend to whatever business provided the suspect's alcohol that night.
Texas dram shop law says that a licensed alcohol provider who over-serves an obviously intoxicated person may be liable for damages that person causes while intoxicated. That means bars, restaurants, liquor stores, and other establishments can be held accountable when they keep pouring for customers long past their limits--customers who then cause accidents like this one.
Not only does dram shop law help victims and families get back on their feet after such terrible experiences, it's also a way to punish negligent alcohol providers and keep them from putting communities in further danger. However, despite its use and importance police rarely look for dram shop violations. That's why it's often necessary to have independent investigators look into these accidents rather than waiting for police to sort things out.
For the sake of those affected by this crash, the sooner someone looks into what led to it the sooner there can be some answers. Anything else would largely depend on what those answers turn out to be.