Montgomery County, TX — March 26, 2024, Dane Nicolay was killed as the result of a pedestrian accident at around 9:12 p.m. along Interstate 45.
According to initial statements from officials, the accident happened along northbound lanes of the North Freeway off Robinson Road.
Authorities said that 38-year-old Dane Nicolay was on foot at the time. Details suggest Nicolay was in the area of the northbound HOV lanes when a BMW struck him. As a result, Nicolay was killed. Currently, additional details surrounding the accident remain unconfirmed.
Commentary by Attorney Michael Grossman
To be clear up front, I can’t say what happened here. But something people often get wrong is assuming there’s no need for a thorough investigation into an accident like this. It’s true pedestrians shouldn’t be on the interstate if possible. However, there may be extenuating circumstances that need to be brought to light.
For example, that’s what happened in a case I had a while back with similar details. A man was walking on the freeway where a car fatally struck him. The family wanted answers, and authorities weren’t really helping. So, we retraced the man’s steps throughout the evening and found out he’d been illegally over-served by an alcohol provider. While out with friends, the establishment recklessly continued serving him beyond the point he was a clear danger to himself. He responsibly chose not to drive home, but while walking, his intoxication caused him to accidentally wander off the walkway, onto freeway lanes, and into the path of traffic.
What a lot of people just wrote off as someone being reckless was actually the result of a negligent alcohol provider breaking the law and getting someone dangerously intoxicated. Again, I’m not saying that happened here. It’s one possibility, of course. The point, though, is that there needs to be a clear explanation of what led to this accident based on clear evidence. If authorities aren’t looking for that evidence, they’re likely not getting the whole story.
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