Ellis County, TX — November 26, 2023, Bobby Wayne Montgomery was killed as the result of a car accident at around 1:25 a.m. along U.S. 287 Business.
According to details released by authorities, the crash occurred off the corner of Business 287 and F.M. 875.
Investigations said that 57-year-old Bobby Montgomery was in a Ford F-150 going northbound along Business 287. The vehicle somehow lost control, causing it to run off the right side of the roadway where the pickup crashed into the tree line. As a result, Montgomery was killed.
While authorities did not confirm any particular cause for the crash, they included in their statements that they found some alcohol containers in the vehicle and a wristband which they believe may have been from a local business.
Commentary by Attorney Michael Grossman
I just want to be clear that these are unconfirmed, preliminary statements. As concerning as these details are, they don’t confirm anything. But any mention of the possibility of drunk driving is obviously serious, and authorities included a lot more in these reports than I usually see. What they did not say, however, is if they investigated where this supposed wristband came from and whether or not that business contributed to this tragic accident.
Let me explain why I say this. It’s illegal in Texas for bars and other providers to over-serve someone who’s obviously intoxicated. If they do so, and someone gets hurt, that can open up the business to serious consequences, such as liability, criminal charges, and fines or suspended licenses.
I’ve handled many wrongful death cases against bars and other establishments all across the state. It would shock people to know just how many of those families never heard police even mention the possibility of investigating a business that may have broken the law and contributed to their loved one’s death. There are some departments out there that are more thorough than others, but there aren’t nearly as many as there should be.
Again, I can’t say what did or didn’t happen here, nor would I ever do so without knowing all the facts. Maybe alcohol was a factor, or maybe it wasn’t. But authorities thought it was important to mention the signs they found relating to alcohol and whether or not it contributed to this crash. Were they equally motivated to actually follow up on what could be an incredibly important lead and ensure the victim’s loved ones aren’t missing anything important?
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