• October 03, 2022

David Emery Killed in Truck Accident on US-271 in Red River County, TX

Red River County, TX — August 26, 2022, 39-year-old David Emery died in a multi-vehicle accident on U.S. Highway 271 in Red River County.

Authorities say the incident happened around 11:30 p.m. along US-271 near FM 410. Preliminary investigation suggests a Kenworth semi-truck was towing a trailer north on the highway as Emery was driving a GMC Sierra pickup south nearby, ahead of a Ram 2500 pickup.

The Ram driver told investigators that Emery was showing erratic behavior while driving, including swerving between the shoulders of the two-lane roadway. He swerved through the northbound lane onto its shoulder, possibly to pull over or make a turn, but then veered sharply back into the road and directly into the path of the northbound big rig.

The semi-truck hit the Sierra; the impact pushed the pickup sideways back into the southbound lane where it collided with the Ram truck.

Emery was fatally injured in the crash. No other injuries were reported.

Investigators noted Emery had an odor of alcohol on his person.

No further information is available at this time.

Commentary on David Emery Accident in Red River County

Investigators mentioned detecting an odor of alcohol on the victim at the crash scene. That's not conclusive evidence by itself, but between that and his allegedly-erratic driving behavior it seems like more than enough reason for investigators to look carefully into whether he might have been under the influence.

If clear evidence shows that was the case, some may think there still isn't much else to say about that since his tragic passing means he's beyond the law's reach. However, knowing intoxication was a factor could mean there's another party to hold accountable for the damage done. That's why it's important to talk about Texas dram shop law.

David Emery Killed in Truck Accident on US-271 in Red River County, TX

Under dram shop law, licensed alcohol providers who over-serve an obviously intoxicated person may be liable for injuries he causes or suffers while under the influence. Too often people--including investigators--focus too much on the drivers in these accidents and don't give a second thought to the bars, restaurants, and stores that knowingly and willingly served them past their limits, yet those establishments clearly played a central role in the crash's result. Shouldn't they be held accountable for their part as well? The law thinks so and I certainly agree.

Having said that, intoxication is just a theory here unless clear evidence says otherwise. It's important not to focus so much on alcohol that other possible explanations get overlooked. The most important thing right now is to be thorough and deliver what answers there are to the victim's loved ones; will police ensure that happens?

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