Man Killed in San Antonio, TX, Drunk Driving Accident on San Pedro
San Antonio, TX -- March 14, 2017, a man was killed due to an accident where he was hit by an alleged drunk driver while standing near San Pedro Avenue.
According to preliminary reports from the San Antonio Police Department, the fatal accident occurred around 9:30 p.m. at the intersection of San Pedro Avenue and McCarty Road.
Police have reported that the victim, a 40-year-old man, was standing on the sidewalk at the corner of the intersection. As he did so, an SUV approaching the crossing somehow lost control and veered off-road. It hopped the curb, went onto the sidewalk, and crashed into the pedestrian.
As a result, the victim suffered fatal injuries and died at the scene. The driver was examined by police, who suspect alcohol might have been a factor. Tests are currently pending, and there has been no update at this time.
Map of the Area
Police are saying they suspect alcohol is involved here, and I'm inclined to think so as well. For one, 9:30 p.m. is within the time span we see a lot of drunk driving accidents. Somebody decides to blow off some steam after work, goes to a bar and has too much to drink, then decides to get behind the wheel and drive home. Second of all, people driving responsibly don't just hop onto sidewalks and hit innocent pedestrians. Something obviously went wrong here.
The immediate reaction to this is that the driver needs to be held accountable for their actions, which is absolutely true. However, there is an accomplice here that should not go overlooked, and that's the bar that over-served the driver. In Texas, dram shop law states that a business which over-serves alcohol to an obviously intoxicated customer can be held liable for damages resulting from that person's intoxication.
A lot of people see this as drunk drivers crashing their car and suing bars for their injuries. What they don't consider is that the vast majority of dram shop lawsuits are for the benefit of innocent victims, just like the one in this accident. Imagine that someone you love was just standing on the sidewalk minding their own business, maybe waiting for a bus or an Uber. They're following all the rules and standing where everyone reasonably assumes there won't be any cars coming at them. All the sudden, some drunk driver loses control of their car, hops the curb, and plows into them. Just like that, because of some stupid, reckless decisions made by a few individuals, someone you love is now gone. Wouldn't you seek to hold everyone responsible for the accident accountable for their actions? Wouldn't you want to get justice for your loss?
Dram shop law seeks to accomplish this. Drunk drivers might be breaking the law behind the wheel, but bars which over-serve them are breaking the law and putting them behind the wheel. Licensed alcohol vendors must adhere to the standards which our society places upon them for the safety of their community. Just as our laws seek to punish drunk drivers for their actions, they also seek to hold negligent businesses accountable for theirs. Otherwise, all you'll have a family mourning the loss of their loved one, a driver behind bars, and a law-breaking bar somewhere out there counting all the money it made the night of the accident. All things considered, could that really be considered justice?
--Grossman Law Offices