Xiaoyan “Yan” Shi Killed in Alleged DUI Accident in El Paso, TX
El Paso, TX -- A suspected alcohol related incident between a passenger car and a pedestrian took the life of 33-year-old Xiaoyan "Yan" Shi in El Paso, TX Wednesday, March 2, 2017.
The incident took place at Stanton Street and Mississippi Ave.
According to the reports, a vehicle driven by 26-year-old Lorenzo Achondo was headed north on Stanton when it ran a curb and struck a stop sign. At that moment, Ms. Shi was standing at the corner and was reportedly struck by the falling stop sign. It appears the victim sustained severe head injuries in the incident, and later died as a result.
The exact cause of the incident had yet to be determined, but police claim they believe alcohol was involved.
Mr. Achondo has since been charged with intoxication manslaughter.
The official investigation is ongoing.
There was no further information provided by the report.
map of the area
Commentary
I think we can all agree that the general public is much safer without drunk drivers on our roadways. But, there's an argument to be made that stiffer penalties against drunk drivers is not enough to combat this blight. Thankfully, Texas lawmakers recognized this and enacted laws that penalize the bars that enable these dangerous elements.
With the creation of what is known as dram shop law, legislators made it possible to hold bars that negligently feed drinks to their patrons accountable. In doing so, we send the message to these bars that the penalty for unsafe service far outweighs what they might see as the benefit.
Most people view dram shop laws as an excuse for drunk drivers to behave irresponsibly and cash in on their own bad behavior. The truth is that in most dram shop cases against bars the victim wasn't out drinking, but merely in the wrong place at the wrong time. Rather than the stereotype of a drunk driver getting paid for being reckless, most dram shop claimants are innocent bystanders trying to get justice for the harm that was inflicted upon them.
Certainly, accused drunk drivers should faces criminal penalties and their insurance companies should be on the hook for the damages. However, I fail to see the justice in allowing establishments who contribute to these accidents to keep their ill-gotten gains. After all, research shows that behind the vast majority of drunk driving accidents is a licensed alcohol provider that broke the law.
We can agree that fewer drunk drivers leads to safer roads. To achieve that end, it is imperative that we utilize all weapons in our legal arsenal to combat the problem. We don't want the owners of negligent bars rounded up and imprisoned, but to have a strong financial incentive that makes them think twice about letting the booze flow with little regard for how it affects society.
--Grossman Law Offices
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