Monica Davila Killed in Alleged DUI Accident in Carmel, IN
Carmel, IN -- An alleged alcohol related collision about 3 a.m. in the area of Carmel, IN claimed the life of 44-year-old Monica Davila Sunday, January 8, 2017.
Sources say a vehicle driven by Hernan Posada-Rodriguez was headed east on 96th street when it collided with a second vehicle. The vehicle containing the deceased victim was reportedly attempting to pull out of the River Road Apartments when the collision happened. Mrs. Davila was killed at the scene of the collision.
The cause of the incident had yet to be determined, but police say they believe alcohol was a factor.
Mr. Posada-Rodriguez has since been charged with multiple offenses related to the crash.
The official investigation is ongoing.
map of the area
One element of this case that stands out to me most is the report claiming the collision occurred around 3 a.m. To my knowledge, that's no more than a half hour after most bars call "last call," and begin to ask their patrons to make themselves scarce. Not to say this is exactly what happened here--that will require a thorough investigation to establish--but, based on the hundreds of drunk driving cases I have litigated, this detail is vital to establishing blame.
Now, I am not referring to the obvious here. There's no question that if the allegedly intoxicated individual is found to be guilty, they deserve to face the consequences of their behavior. But, what if there is another party to be held liable in this deadly crash? What I am referring to here is what is known in Texas as dram shop law.
The dram shop law states that establishments that unlawfully serve alcohol to obviously intoxicated individuals, can be held liable if those individuals go on to harm themselves or others. This means if the driver in this case was intoxicated at the time they may have left a drinking establishment, that establishment should be held liable for serving them past the point of responsible behavior. And let's face the facts, most bars simply do not cut their patrons of after one, two, or even three drinks. They are businesses and as such, wish to make a profit. Unfortunately, that drive to make a profit all too frequently leaves the general public at a serious risk to their safety.
For more information on dram shop laws and how they work, please click the link below.
-- Grossman Law Offices