Killeen, TX — April 25, 2024, three people were injured due to an alleged drunk driver accident at around 10:12 p.m. along Old F.M. 440.
Investigators said in preliminary statements that the crash happened at the intersection of Old F.M. 440 and Edgefield Street.
According to officials, a Toyota Tacoma going northbound went into the center turn lane, then attempted to turn left onto Edgefield. While doing so, it was hit by a southbound GMC Yukon allegedly driven by a drunk driver. The GMC then went into southbound lanes and crashed into a Lexus RX.
Due to the collision, a 16-year-old in the Tacoma and the driver of the GMC reportedly had serious injuries. The driver of the Tacoma had reportedly moderate injuries. There were no other reported injuries. Current information shows authorities recommended the GMC driver be charged for intoxication assault.
Commentary by Attorney Michael Grossman
There seems to be a lot going on here, but the recommended charges give some insight into what may ultimately have led to this crash. To put it simply, intoxication assault has two key components prosecutors would have to prove: one, that the defendant was intoxicated, and two, that the intoxication was the proximate cause of the victim’s injuries. Let me explain why recommended charges like this, then, are often so significant.
My team and I have to prove similar allegations frequently, just in a different legal setting. For example, whenever we sue bars for contributing to a drunk driving accident, we have to prove that the bar over-served someone who was obviously intoxicated and that intoxication was the proximate cause of the accident. Generally speaking, this can be done with blood-alcohol content from toxicology records, medical expert testimony, security footage, witness statements, receipts, and even social media posts or text messages. The standard we have to overcome is that those claims are more likely than not true.
For criminal law, however, the standard is a lot higher. Folks are no doubt familiar with it from TV: beyond a reasonable doubt. If authorities feel they can prove the elements of intoxication assault in a criminal court, it usually means they have significant evidence to back up their allegations. Of course, I would never draw conclusions without seeing that evidence, and it isn’t my place to comment on potential criminal matters. But if there’s enough evidence to support a serious charge like intoxication assault, I have to wonder if there’s also evidence of where the alcohol came from and whether or not any outside parties are also responsible for the injuries that occurred here.
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