• May 02, 2017

Aaron Sticht Injured in San Antonio, TX, Bar Parking Lot Accident

San Antonio, TX -- April 30, 2017, Aaron Sticht was injured following an accident where he was run over by a vehicle in a bar parking lot.

According to reports released by the San Antonio Police Department, the incident occurred around 2:30 a.m. in the parking lot of Midnight Rodeo, located at 12260 Nacogdoches Road.

Police investigators stated that a man, identified as 24-year-old Sticht, was lying face-down in the parking lot of the bar. As he did so, an SUV driver apparently failed to avoid him, running him over. The SUV continued out of the parking lot and left the scene.

Emergency services were called to the scene, and they transported Sticht to a hospital for treatment. His injuries were said to be numerous but non-critical.

Police have not mentioned whether or not alcohol was a factor, and they did not release any additional details on the suspect driver. They say investigations are ongoing.

Map of the Area

Commentary

A lot of times when I talk about liquor liability laws, or dram shop laws, it's in regards to drunk driving accidents. The only reason for that is drunk driving accidents are the most common way for intoxicated people to hurt themselves and others. However, dram shop laws don't specifically pertain to intoxicated driving. The two standards which the law outlines as grounds for a bar being held liable for an accident are:

  1. At the time the provision occurred it was apparent to the provider that the individual being sold, served, or provided with an alcoholic beverage was obviously intoxicated to the extent that he presented a clear danger to himself and others; and
  2. The intoxication of the recipient of the alcoholic beverage was a proximate cause of the damages suffered.

What this basically means is that a licensed alcohol vendor which over-serves alcohol to an obviously intoxicated customer can be held liable for damages resulting from that person's intoxication. As you can see, nowhere in the text does the law mention driving or vehicles. It simply states that if the over-served customer causes damage, then the vendor can be held liable.

So how would that apply to this accident? Well this is mostly speculation, since I don't have any inside knowledge of this accident and can only infer from what I've read in the news, but it's entirely reasonable to assume the victim in this case was himself intoxicated. After all, it would be one heck of a coincidence if a young man on a Saturday night/Sunday morning was lying face down in the parking lot of a bar and wasn't intoxicated. When I see those details, my first thought is that he was probably intoxicated and fell in the parking lot.

On top of that, I can also infer that the victim was significantly intoxicated. It's very rare that a grown man would be fall-down drunk after just a beer or two. That sort of behavior is typical of someone who has had 7 or 8 drinks in a short amount of time. If he was indeed intoxicated enough to fall face down into a parking lot and not get up, I'd find it very hard to believe a bartender wouldn't be able to tell the customer was obviously intoxicated. After all, the incident happened around 2:30 a.m., just minutes after closing time. We often talk of bars throwing drunks out on to the streets at closing time and usually it's a metaphor. In this accident, it appears that is what actually what happened.

Now all of that being said, I'd like to reiterate that this is all speculation. In the end, it's entirely possible the victim was sober and alcohol wasn't a factor in this case. I'm also not taking away from the fact here that there is an SUV driver out there who needs to be apprehended for leaving the scene of the accident. On the contrary, I'm advocating that there needs to be a more thorough investigation into this incident. Just as a hit-and-run driver deserves to be held accountable for their actions, so too does a negligent bar deserve to be held accountable for theirs. Breaking the law calls for justice, and getting that justice begins with a thorough investigation.

--Grossman Law Offices

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