• March 01, 2017

Richard Demoss, John Biddix Hurt in Accident in Lubbock, TX

Lubbock, TX -- An alleged alcohol related crash in the area of Lubbock, TX left 35-year-old Richard Demoss and 40-year-old John Biddix with injuries Tuesday, February 28, 2017.

The incident took place at 114th Street & Avenue P around 2:30 a.m.

It appears from the report, a Jeep occupied by the victims was drove through the intersection while headed east. The vehicle then went airborne, crashed through a fence, and crashed into a cow. The vehicle then struck a piece of piping and subsequently caught fire. The exact cause of the incident had not been determined at the time of the report, but police say they believe alcohol may have been a factor.

Mr. Demoss was hospitalized at UMC and was last listed in critical condition.

Mr. Biddix reportedly did not sustaining life-threatening injuries. Though, the report wasn't specific about his injuries.

The official investigation into the incident is ongoing and may reveal more details as it concludes.

The media report provided no further information at the time of its release.

map of the area

Commentary

The detail in this accident that stands out most is the claim it took place around 2:30 a.m. This sets off alarm bells as the time happens to coincide with the same time most bars have called last call, sending their patrons on their way. Whenever there's an alcohol related accident, it's these fact patterns that send a clear message.

Why is this significant? Well, if the two victims were at a bar prior to the accident, there may another party who shares some of the responsibility in the crash. This isn't hyperbole, it's a belief that is shared by lawmakers in Austin. In fact, if a bar was involved, they may be held liable by law for the consequences of this crash.

According to Texas law, victims of drunk driving accidents may seek a cause of action against bars that illegally serve the drivers that injure them. This law, known as dram shop law, holds bars accountable for responsibly serving alcohol.

I can't say for certain if those involved in this accident were a at a bar prior to the accident. But, from the hundreds of dram shop cases successfully litigated by our firm, the fact pattern here ticks off all the boxes.

Because of the controversy surrounding dram shop cases, our firm receives more questions about this than almost any other area of the law. I think the general public is under the impression this law takes some of the responsibility away from drunk drivers. Thankfully, this is not the case. Drunk drivers are still bound to face the outcome of breaking the law. It only makes sense the bars that serve them see their day in court as well.

--Grossman Law Offices

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