• July 19, 2017

Amanda Nelms Killed, Cody A. Kuhn Hurt in Accident in Somervell County, TX

Somervell County, TX -- Amanda Nelms, 39, was killed and Cody A. Khun was injured due to an alcohol-related collision in the area of Somervell County, Texas Friday, July 14, 2017.

According to police officials, Ms. Nelms was traveling along U.S. Highway 67 when her vehicle was struck head-on. It appears a Chevy truck driven by 26-year-old Cody A. Kuhn, 26, crossed the center line of the highway.

Ms. Nelms was killed at the scene of the incident.

Mr. Kuhn was hospitalized with multiple injuries, including two broken legs.

Police say they believe Mr. Kuhn was intoxicated at the time of the crash, and are awaiting the result of toxicology tests.

The investigation is currently underway.

map of the area

Commentary

I know many people reading the details of this accident will take note of the time--5:50 a.m.--and assume there's no way a bar was involved. However, after litigating more drunk driving crashes than almost any other law firm in Texas, I can tell you we've handled plenty of cases where the accused driver was still drunk up to 12 hours after leaving a bar.

Think about it. How many bars are known for serving patrons just one or two drinks during service? I would venture to say very few. In fact, there are plenty of bars who serve their patrons 10-12 drinks in a sitting. Considering this, it's not too difficult to imagine a scenario where a driver could still be drunk hours after last call.

What if the suspected driver in this case decided to sleep off a bender in his car? We've seen cases where the suspect got in the car, decided they were too drunk to leave at that moment, and were so severely intoxicated, they caused a crash the following morning.

I don't claim to have insider information on this crash, but if the investigation reveals the driver was impaired, we next have to ask where he got his booze. Why do I say this? Well, according to Texas liquor liability laws, if a bar served the suspect, that bar potentially faces punishment for playing a role in this crash.

Dram shop law, as it's known, allows victims and families to sue bars that illegally over-serve drivers that hurt their loved ones as a result of their drunkenness.

Can you imagine another instance where accomplices are "rewarded" for taking part in a crime? Well, when society turns a blind eye to bars recklessly over-serving their patrons, we essentially "reward" alcohol retailers by allowing them to profit from taking part in an innocent victim's suffering.

--Grossman Law Offices

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