Wilma Glass Killed in Van Buren, AR, Drunk Driving Accident
Van Buren, AR -- January 11, 2017, Wilma Glass was killed following an accident in which she was struck by an alleged drunk driver while crossing the road.
According to Van Buren authorities, the incident occurred at an intersection just outside the Cloverleaf Plaza shopping center at about 7:30 p.m.
Current police reports indicate that 84-year-old Glass was in an electric scooter crossing the Highway 71 intersection outside the shopping center. As she was crossing the road, a vehicle failed to avoid her and crashed into the scooter.
Glass sustained fatal injuries and was pronounced dead at the scene. The driver, Michael Kenask, was arrested at the scene. Investigators determined that Kenask was over the legal limit at the time of the accident.
Kenask currently faces charges of negligent homicide, driving while intoxicated, and careless driving. Authorities continue to investigate the crash.
Map of the Area
It'd be really nice one day to wake up and not have to read about another possible drunk driving accident. At this time, alleged drunk driver is facing some serious charges. Whether or not he's guilty of said charges isn't for me to decide. However, evidence from police investigators aligns with many of the accidents I see that involve alcohol. Whenever a drunk driving accident occurs, it is necessary to determine where the driver got their alcohol. If they got the alcohol from a licensed seller of alcohol--a bar, a restaurant, a liquor store, etc.--then the accident could fall under Dram Shop Law.
In Arkansas, Dram Shop Law says that a licensed seller of alcohol can be held liable for an accident if they over-serve alcohol to a clearly intoxicated person who then, as a result of their intoxication, harms another person. This basically means that if a business sells alcohol to someone they know or reasonably should have known is intoxicated, and that person goes out and causes harm to someone else, then the business can be held responsible for the accident.
This law is sometimes the subject of controversy because people think that it shifts blame away from drunk drivers. This isn't the case. Drunk drivers face consequences. They are charged with criminal offenses and must defend themselves in criminal court, often facing prison time. What people don't consider here is that businesses in these situations usually don't face consequences for their actions. Here's the simple fact of the matter: when a business over-serves alcohol to their customers, they are breaking the law Period.
Our legal system is designed to hold all parties accountable for their actions. When a business acquires a license to sell alcohol, they agree to do so responsibly and to follow the laws and regulations surrounding the industry. When they blatantly or negligently ignore these regulations, they need to be held accountable. Allowing victims and their families to seek compensation after a drunk driving accident is civil law's way of holding these negligent businesses accountable for their actions.
--Grossman Law Offices