• January 10, 2023

Francisco Hernandez, Audelia Ruiz Mendez, 1 Injured in Car Accident in McKinney, TX

McKinney, TX -- December 26, 2022, Francisco Hernandez and Audelia Ruiz Mendez were among those injured after an alleged DWI accident.

Authorities made public initial details surrounding the crash, which they say happened just after midnight at the intersection of University Drive and Coleman Street.

44-year-old Francisco Javier Hernandez and 40-year-old Audelia Ruiz Mendez were two of the three occupants of a Ford Edge which was said to be going eastbound on University. At Coleman, a northbound Dodge Ram 1500 allegedly failed to yield, crashing with the Ford.

While Hernandez and Mendez were said to have injuries that were non-incapacitating, the 22-year-old woman also in the Ford had reportedly incapacitating injuries. No one else was hurt, according to the available details.

Francisco Hernandez, Audelia Ruiz Mendez, 1 Injured in Car Accident in McKinney, TX

Right now, police show that they believe the Dodge driver was under the influence of alcohol, and they even recommended charges for intoxication assault. The current status of those charges hasn't been confirmed right now, though they are clearly very serious. Certain aspects of charges like intoxication assault are actually very familiar to me.

One example is that intoxication assault charges require intoxication to be the proximate cause of the incident for which the charges are being filed. Similarly, intoxication must also be the proximate cause of someone's injuries in dram shop cases. For those that have never heard of dram shop, I'm not really that surprised. Authorities are usually much more concerned with getting someone in front of a judge than they are helping victims and families understand their rights.

Essentially, dram shop law says bars, restaurants, liquor stores, and other businesses can be responsible if they illegally over-serve someone who is obviously intoxicated, and their intoxication is the proximate cause of someone's injuries. Not only can this help ensure there are consequences for those actions, but it often helps get those businesses to clean up their acts before more people get hurt.

To be clear, I can't say if dram shop applies in this specific situation. It's simply that there is often a lot more to these wrecks than people realize, and it's helpful for as many people as possible to understand the rights they have under Texas law so that those contributing to the scourge of drunk driving in our communities can be held appropriately accountable.

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