Tyler, TX — October 19, 2024, a 38-year-old man was seriously injured in a car accident on Selman Street in Smith County.
Authorities say the incident happened around 1:30 a.m. on the 400 block of Selman Street near North Della Avenue. Preliminary investigation suggests the victim was driving a Lincoln sedan west on the roadway when he may have lost control for unknown reasons. The car reportedly crashed into the rear-right quarter of an unoccupied Jeep Grand Cherokee parked on the curb.
The Lincoln driver suffered serious injuries, though reports suggest a secondary incident after the collision may have caused them.
No further information is currently available.
Commentary by Attorney Michael Grossman
Investigators brought up a suspicion that the injured victim of this accident was under the influence of alcohol. It’s unclear whether they acted on that suspicion in any particular way, and many other things could also have sent that car off-course, but if evidence turns up that confirms alcohol played a part then it’s important to find out where the drinks came from that night. But why? Because a local business might be partly to blame for the victim’s injuries, and it may owe him more than an apology.
Texas dram shop law says that a licensed alcohol provider who over-serves an obviously intoxicated customer may be liable for injuries resulting from that person’s intoxication. For example, if someone walks into a gas station to buy a 6-pack and he’s swaying and slurring his words, it would be illegal for the gas station clerk to sell him that 6-pack or any other alcohol. If they do it anyway, and he drinks some more and causes a crash that hurts himself or others, the gas station can be held responsible by the crash victims for contributing to it.
To be clear, I read the same public information as everyone else and that doesn’t confirm intoxication was an issue in Tyler. As I said, a lot of possible factors—slick roads, vehicle malfunctions, even a big sneeze—could have made the victim swerve into the Jeep, so unless evidence says otherwise he should be presumed innocent. If however police do find something proving he was impaired then it’s in everyone’s best interests to find out how and where he got that way. Will authorities make the effort to find out?
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