Falls County, TX — September 21, 2024, two men and two women were injured when a Polaris sport vehicle crashed on County Road 462 in Falls County.
According to authorities, the incident happened around 10:00 p.m. on CR 462 near CR 483. Preliminary investigation suggests a Polaris RZR side-by-side vehicle was traveling north on the gravel roadway when the driver may have lost control in a downhill curve. The vehicle slid into the outside ditch, hit a culvert, and rolled over before coming to rest in a ditch near the tree line.
The front passenger in the Polaris, a 39-year-old man, was ejected in the rollover and suffered serious injuries. A 38-year-old woman in the back seat was also seriously injured. The 44-year-old driver reportedly received non-life-threatening injuries, while a third passenger, also 44, sustained possible injuries.
Officers at the scene believed the driver was under the influence of alcohol and conducted breathalyzer tests, which concluded he had an approximate BAC of .185.
No further information is currently available.
Commentary by Attorney Michael Grossman
It looks from reports like authorities recommended speeding and DWI charges, which may carry with them some pretty stiff consequences. It’s not for me to say what the driver’s day in court might look like, or to judge his choices that day. Mostly I just want to see to it that he and his passengers get whatever help they can with their injuries. Depending on everyone’s relationships the passengers may have no interest in seeking help from the driver, but there might be another way to assist them under Texas dram shop law.
Under dram shop law, an alcohol provider that over-serves an obviously intoxicated customer may be liable for injuries caused by that person while they’re under the influence. If the driver was over-served somewhere before that fateful ride, and his intoxication was a main reason for the crash, the business that provided his drinks may have a duty to help him and his passengers get back on their feet.
I don’t want to pretend I know more than public reports say. There’s no mention of a negligent business there, and many DWI accidents have nothing to do with dram shop violations. However, as a matter of good investigation the source of the alcohol should always be identified—and if necessary, held accountable for its part in getting people hurt. The people affected by that recklessness deserve no less.
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