Pedestrian Injured by Alleged DWI Driver on Fredericksburg Rd in San Antonio, TX
San Antonio, TX — April 3, 2022, a 28-year-old pedestrian was seriously injured by an alleged DWI driver on Fredericksburg Road in San Antonio.
Authorities say the incident happened around 2:00 a.m. on Fredericksburg near Data Point Drive. Preliminary investigation suggests 47-year-old Joshua Ortiz was driving a Ford F-150 pickup south on the roadway in the number 1 lane when he approached the victim, who was crossing the road outside of a crosswalk.
Ortiz told investigators he didn't see the pedestrian before he hit him. The impact caused serious injuries to the victim, who was taken to an area hospital.
Tests later showed that Ortiz had a blood-alcohol concentration (BAC) of .14 at the time of the accident.
No further information is currently available.
Commentary on Pedestrian Accident on Fredericksburg Rd
Tests seem to confirm that the driver in this accident was almost twice the legal limit for intoxication when it happened. Some may think that just means he'll be charged accordingly, but while it's important to ensure he sees consequences for his poor choices he may not be the only one who deserves some. For instance, Texas and many other states broaden the responsibility for some DWI wrecks beyond the drivers to include the businesses that over-served them alcohol.
If further investigations found that a licensed alcohol vendor sold or served excessive quantities of alcohol to the driver prior to the accident (meaning they kept serving him even though he was clearly past his limits), that business may be responsible for the victim's injuries under dram shop law. It may then have a legal duty to help him recover from his injuries as a way of making amends for its negligence.
Dram shop law is a valuable but lesser-known tool to help people hurt in alcohol-related accidents. Moreover, it teaches negligent businesses that making a few more bucks is never worth the risk they create for their customers and the public. Will the authorities look into the possibility of a dram shop violation here, or would an independent investigation better ensure the victim gets the help he deserves?