Austin, TX — October 27, 2024, six people including a child were injured by an alleged drunk driver on Bastrop Highway in Austin.
According to authorities, the incident happened shortly before 8:20 p.m. near U.S. Highway 183 and State Highway 71 (Bastrop Highway), in the Austin-Bergstrom Airport area. Preliminary reports say that police responded to a call about a disabled vehicle on SH 71; on arriving, they found a car with two flat tires on the shoulder.
An adult and a child from the disabled vehicle got out to talk to officers. During their conversation, a second vehicle was hit by a third nearby. The impact caused the second vehicle to hit the child outside the disabled car.
The struck child suffered serious injuries and was taken to an area hospital. No serious injuries were reported among the five adults affected by the crash.
The driver of the third vehicle, later identified as Bayron Hernandez-Zelaya, was arrested on suspicion of DWI.
The investigation is ongoing. No further information is currently available.
Commentary by Attorney Michael Grossman
Authorities seem to think the driver who allegedly caused most of the mayhem in Austin was intoxicated at the time. If they’re right then it’s good they recommended charges, but despite what some may think the story may not actually end there. If he was dangerously drunk, then a proper investigation will involve finding out where he got his alcohol.
Many people don’t know this, but under Texas dram shop law a licensed alcohol provider (bar, club, restaurant, store, etc) can’t sell or serve alcohol to an obviously intoxicated customer. Doing so is illegal and any bar that values a bigger bar tab over public safety may face serious consequences—including liability for any injuries their drunk customer causes.
As serious as dram shop violations are, they often slip through the cracks during DWI investigations. Police rarely look beyond the offending drivers; in fact, in the hundreds of cases I’ve worked on to help the victims of drunk drivers, more often than not we were the first to even look for a negligent alcohol provider, let alone ensure they were held responsible.
I don’t know of any specific business that broke the law in Austin, but the possibility needs attention. If a local bar needs a lesson in priorities, and the people it harmed can get help with their injuries, that’s all the more reason to make sure someone looks into it.
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