• February 15, 2017

Three Hurt in Suspected DUI Accident at 8000 Military Parkway in Dallas, TX

Dallas, TX -- An alleged alcohol related crash in the area of Dallas, TX left three people with injuries Wednesday, February 15, 2017.

The incident took place near 8000 Military Parkway around 2:30 a.m., according to reports.

It appears two of the victims, a 23-year-old man, and a 19-year-old woman, were headed west in a Saturn sedan when the collision occurred. Police say the vehicle was hit by a Mercedes driven by 27-year-old Eduardo Rodarte-Ortiz, whose vehicle was headed east in the westbound lanes. The driver of the Saturn, the 19-year-old male, required extrication from the vehicle. He was taken to a local hospital and was last listed in critical condition. His passenger, the 23-year-old woman, was hospitalized, and was last listed in stable condition.

Mr. Rodarte-Ortiz sustained minor injuries in the collision.

The exact cause of the incident is unclear, but police say they believe alcohol was a factor.

Mr. Rodarte is facing an intoxication assault charge, police say.

The investigation is ongoing.

map of the area

Commentary

According to the details in the early reports, it appears this accident was caused by an alleged drunk driver. I believe everyone deserves a day in court, but if the details are true, it's hard to side against the news account. It is unclear if the accused driver has been charged, but it appears he is facing prosecution for driving drunk, injuring two people.

But, the detail that stands out most to me is the claim the incident took place around 2:30 a.m. Why is this significant? Well, as some may know, this time of the evening coincides with last call. Most drinking establishments are calling it a day, serving the last few rounds, and sending their patrons on their way. This fact alone alerts me to the probability the accused driver was on his way home from a night at the bar.

If this is proven, there is a serious legal matter here that is often overlooked by the general public. The issue to which I'm referring is the possibility the driver had an accomplice.

Am I implying there was a second person in the vehicle who aided the driver in acting foolishly? No. I say accomplice because according to what is known as dram shop law, the state of Texas considers a bar that over-serves obviously intoxicated people an accomplice of sorts if that person causes harm due to their intoxication. This means the bar has not fulfilled their duty to safely serve a potentially dangerous product, and, in turn, broken the law.

Is it possible the driver in this accident spent the evening drinking in the comfort of his home? Sure. But, from our experience in successfully litigating more dram shop cases than almost any other firm in Texas, I can tell you that, considering the facts, it's highly unlikely.

I firmly believe that people that break the law should be held accountable for their actions. Drunk drivers are held accountable for their irresponsible behavior. Is there any good reason bars that illegally serve drunks should be given a mulligan? I don't think so. And my feelings here have the full backing of lawmakers in Austin.

--Grossman Law Offices

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