A major incident early Thursday morning in San Marcos left six people injured after a driver reportedly struck pedestrians in a downtown crosswalk. According to the San Marcos Police Department, the crash occurred just after 1 a.m. at the intersection of East Hopkins Street and North LBJ Drive. Authorities say the driver of a truck struck six individuals who were in the crosswalk, sending five of them to the hospital. None of the injuries have been reported as life-threatening. Police believe the driver was intoxicated and arrested him at the scene. He is currently facing multiple criminal charges.
Whenever I hear about a late-night crash involving an allegedly intoxicated driver in a busy pedestrian area, I think about the role that alcohol service establishments may have played. In my experience, it’s important not only to hold the driver accountable but also to ask whether a bar or restaurant may have contributed to the incident by overserving someone who was clearly intoxicated.
Could a Local Bar or Venue Have Overserved the Driver?
Texas dram shop law allows injured parties to hold alcohol providers civilly liable if they serve someone who was obviously intoxicated to the point of posing a danger to themselves or others. Investigators should review where the driver had been drinking in the hours leading up to the crash. Surveillance footage, receipts, and witness interviews can all help determine whether a particular establishment served alcohol irresponsibly and contributed to this dangerous situation.
Why Investigating Overservice Matters
When six people are hit in a crosswalk at 1 a.m., it raises serious questions about whether the driver was visibly impaired and if someone failed to intervene before he got behind the wheel. From my experience handling dram shop cases across Texas, I’ve seen how overservice can turn a night out into a life-altering event.
A proper investigation should seek to answer not only what happened on the roadway, but also what happened before the driver entered that intersection. Did a bar serve him when he was obviously intoxicated? Were there red flags that should have caused someone to stop him from driving? Getting answers to those questions could help establish accountability.