• January 17, 2023

Erin Joshua Garza Injured in Possible DWI Accident in Webster, TX

Webster, TX -- December 13, 2022, Erin Joshua Garza was injured following an accident where a possibly intoxicated driver hit his vehicle.

Initial details given by authorities said that the accident happened at around 6:30 p.m. along NASA Bypass near NASA Parkway.

It appears that 22-year-old Erin Garza was in a Honda Civic traveling eastbound on the bypass. Another vehicle apparently drifting in and out of its lane crashed into Garza, forcing Garza's vehicle into the barrier. The other vehicle left the scene, but Lakeview police reportedly arrested that driver.

Garza's condition after the accident wasn't specified. The other driver was alleged to be intoxicated, but records at this time show only pending charges for failure to stop and render aid. No further information is available at this time.

I certainly can't speak to the veracity of charges against someone nor the lack thereof. But I have seen situations where it was almost obvious someone was intoxicated, but they didn't face intoxicated driving charges. Why is that, and what can it mean going forward?

Erin Joshua Garza Injured in Possible DWI Accident in Webster, TX

As folks probably hear all the time from TV and movies, our courts operate on a standard of believing someone to be guilty beyond a reasonable doubt. As such, there are situations where authorities are confident they can prove certain factors, but not others. That then could lead to a driver not being held accountable for drunk driving even when it seems obvious they were drunk.

Folks I work with, however, are surprised to see civil law work differently. For example, when I'm looking into whether or not a bar is responsible for over-serving someone who caused a crash, we can look at things like receipts, surveillance footage, witness statements, testimony from experts about how alcohol metabolizes, and other evidence which may not otherwise be enough for the strict standards of criminal law. That's because we only have to meet the civil standard of an accusation being more likely than not true.

Like I said, I wouldn't be able to speak on how that would apply to this specific incident without knowing the facts for myself. I just want to help folks understand that what they hear from police is not always the full story. It's important to explore every possible step when getting folks the answers they deserve after a serious accident.

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