Palmview, TX — December 31, 2024, a child was fatally injured as the result of an alleged DWI accident that happened around 8:49 p.m. along Abram Road.
According to preliminary statements from authorities, the incident took place near the intersection of Abram Road and Loop 374.
Initial details say that a 5-year-old child and the child’s mother were in the area on foot at the time. While the child was in the roadway, it’s said that a Buick struck the child. As a result, the child was taken to a hospital and succumbed to his injuries on January 4.
Following the collision, authorities say they arrested the Buick driver for driving while intoxicated. At this time, no further information is available.
Commentary by Attorney Michael Grossman
People are often quick to assume that pedestrian accidents always come down to who had the right-of-way, but an accident like this could be an example of why that’s not necessarily true. Generally, there has to be consideration for whether or not the incident was reasonably avoidable. That’s where it stands out that the driver involved here was allegedly intoxicated. I’ve handled hundreds of accident cases involving intoxicated drivers, and evidence usually shows that if the driver had been sober, they would have had the presence of mind to avoid the collision.
I can’t say if that’s true here without seeing the actual evidence. That’s why getting that evidence is crucial for victims and families. There is no such thing as an open-and-shut case, and there is no rule that says someone is automatically responsible for an accident just because they were intoxicated. As likely as that is, it’s still necessary to show clear facts that illustrate how the accident happened, what factors led to it, and how it all could have been avoided. Are those steps being taken here?
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