Houston, TX — June 8, 2024, Jose Raul Garcia was injured following an alleged drunk driver accident at around 11:50 p.m. on Westheimer Road.
According to officials, the incident took place in the area of the Westheimer Road and Greenridge Road intersection.
Investigators said that 62-year-old Jose Raul Garcia was on foot at the time in a parking lot along Westheimer Road. In that parking lot, it appears a Hyundai Elantra somehow crashed into Garcia and pinned him against a parked vehicle. That Hyundai then left the scene, but it appears authorities identified the driver. Garcia was taken from the scene for his injuries.
Commentary by Attorney Michael Grossman
Details suggest there were charges for failure to stop and render aid for the driver, and they were allegedly over twice the legal limit for drunk driving. If that’s true, I wonder if authorities are investigating any of the nearby restaurants. Simply put, if evidence shows that an alcohol provider illegally over-served the driver, they may be responsible for contributing to the accident. Negligent alcohol providers can face criminal investigations, fines, license suspensions, and liability for the resulting injuries, so it’s important they are part of any investigation into an alcohol-related accident.
Unfortunately, I’ve had cases against negligent alcohol providers where we handed over all of our findings from our civil case to the authorities on a silver platter, and they still failed to take any action to see there were criminal consequences. The fact this happened right outside of at least one establishment still might not be enough to motivate authorities to look into these possibilities. That’s why I wouldn’t suggest looking at this situation as open-and-shut just because an individual driver may be facing consequences. There could still be an accomplice being let off the hook.
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