Seguin, TX — September 22, 2024, 22-year-old Jacob Gutierrez was seriously injured in a single-vehicle accident on U.S. Highway 90 in Seguin.
According to authorities, the incident happened around 1:20 a.m. on US-90 at the Interstate 10 access road. Preliminary investigation suggests Gutierrez was driving a Nissan Titan pickup southwest on US-90 when the truck reportedly veered off the road at the I-10 access intersection. The truck entered the grassy roadside ditch, then hit some metal road signs, a light pole, and a wooden utility pole. It rolled an unknown number of times and came to rest on its roof.
Jacob Gutierrez suffered serious injuries in the accident. Officers at the scene mentioned a suspicion that alcohol may have been a factor.
No further information is currently available.
Commentary by Attorney Michael Grossman
Authorities say they think impairment, possibly from alcohol, was a contributing factor here. I have no snarky comments to make about what someone does in their free time, but I will note that suspicions aren’t facts. They can’t be taken for granted while blood samples are waiting their turn in a lab somewhere.
If test results confirm officers’ suspicions, though, there could be someone else that deserves some consequences of their own. To that end, it’s important during any DWI investigation to find out where the alcohol came from. Why? Because too many businesses illegally over-serve their customers, and that’s a big enough problem that Texas dram shop law was created to stop them.
People are often surprised to learn that bars, restaurants, and other businesses that serve alcohol are prohibited from selling or serving drinks to a customer that is obviously intoxicated. Many of them look at that as more of a polite suggestion than an actual law, though, and after drastically over-serving their customers they send them to their cars. If those customers hurt themselves or others while drunk at the wheel, the business that helped them get that way may be liable for the damage done.
Dram shop law is a crucial tool for teaching reckless bars a harsh lesson, and it also helps the victims of their over-service confront them in court. Before any of that happens, though, investigators have to find out whether over-service occurred; will police invest the time and resources needed to do that?
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