Brownsville, TX — July 9, 2024, David Montemayor and two others were injured following an alleged drunk driver accident at around 11:15 p.m. along I-69E.
Authorities said in preliminary statements that the crash happened along the expressway service road at East 13th Street.
According to officials, 49-year-old David Montemayor was in a Toyota Camry which was going southeast along Expressway 83. At 13th Street, authorities say a northeast-bound Chevy Colorado pickup ran the light and crashed into Montemayor’s vehicle. As a result, Montemayor had serious injuries. A passenger in Montemayor’s vehicle and the other driver had less serious injuries.
Commentary by Attorney Michael Grossman
Authorities alleged that the Chevy driver was under the influence of alcohol at the time, and they recommended charges for intoxication assault. If those allegations are true, it wouldn’t really be surprising. Drunk driving is very common late at night, even in the middle of the week. That brings up an important question though: where did the alcohol come from? While the focus in these situations is understandably on the drunk drivers, they’re often just one responsible party. If it’s found that an alcohol provider illegally over-served that driver, they, too, may be on the hook for their role in the accident.
The main reason I bring this up is that it’s an area of the law that frankly doesn’t get enough attention. I’ve handled hundreds of cases against negligent alcohol providers. In far too many of those cases, authorities only conducted their own investigations after we brought them evidence on a silver platter. Authorities generally aren’t motivated to take action beyond seeing a drunk driver charged. Meanwhile, there could be a negligent alcohol provider out there responsible for a near fatal accident whose behavior is still putting the community at risk
Most everyone would agree that someone responsible for a serious drunk driving accident should be held accountable for their actions. Texas law is nuanced enough that those consequences don’t have to be limited to a single individual. That’s why I have to wonder if there’s more to this story and if there will be additional steps to ensure there will be accountability for what happened here.
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