El Paso, TX — August 3, 2024, Gabriel Matias Montana was injured following an alleged drunk driver accident at around 4:30 p.m. along North Magnetic Drive.
Authorities said in initial statements that the accident happened in the area of North Magnetic Drive and East Hercules Avenue.
According to officials, 47-year-old Gabriel Matias Montana was in a Honda Civic on northbound lanes of Magnetic. While there, it appears a Chevy Malibu slammed into Montana from behind. As a result, Montana was seriously injured. The other driver had less serious injuries.
Commentary by Attorney Michael Grossman
Details from officials say that the Chevy driver was over twice the legal limit for drunk driving, though it’s unclear if any charges are pending. Generally speaking, authorities don’t often let charges slide when someone is drunk and causes an accident—especially this much over the legal limit. But there could be more complex factors they’re still looking into.
For example, many of these accidents also involve negligent alcohol providers, who can also be held responsible. If it’s found they over-served the drunk driver, they could be subject to criminal investigations, fines, license suspensions, or liability for the resulting injuries. With that said, I’ve handled hundreds of cases against negligent alcohol providers, and it’s not something authorities tend to prioritize on their own. That’s why I have to wonder why there are so few details available here and whether or not anything important may be slipping through the cracks.
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