Montgomery County, TX — May 27, 2025, Mark Simmons was injured in an afternoon accident with an alleged drunk driver on F.M. 1097.
News reports indicate Willis resident Mark Simmons, 70, was selling honey on the side of the road when he was hit by a vehicle that veered off the road and crashed into a building.
Mark Simmons was hospitalized with critical injuries after the crash, his family said.
The driver of the vehicle that allegedly hit him has been arrested and charged with intoxication assault, according to news reports.
Authorities have not released any additional information about the Montgomery County crash.
Commentary by Attorney Michael Grossman
When I read about incidents like this one, what stands out to me isn’t just what happened, but what’s missing from the conversation. A man going about his day, reportedly struck by an alleged drunk driver, now facing critical injuries. Most people stop at the immediate aftermath. But for those affected, the path forward often hinges on deeper questions, especially about where the driver came from and how they ended up behind the wheel in that condition.
One of the most important but often overlooked questions in cases like this is, “Where did the driver get their alcohol?” If this person had been drinking at a bar, restaurant or similar establishment before the crash, Texas law allows for the possibility that the business could share legal responsibility, particularly if they overserved someone who was already clearly intoxicated. That’s the kind of question dram shop law is built to answer.
It’s not always obvious, but there may be more to this story than people realize. We know that police often focus on criminal charges, and in this case, it appears they’ve done just that. But civil law offers a different set of tools to investigate whether an alcohol provider may have played a role. And that kind of accountability isn’t just about legal theory; it’s about understanding how preventable harm really happens, and how future incidents might be avoided.
Three things are worth keeping in mind:
- Texas dram shop law allows injured people and their families to investigate where a driver was drinking, and whether a provider irresponsibly overserved them.
- Even when a driver faces criminal charges, that doesn’t automatically uncover all the facts about who may have contributed to the crash.
- Many people don’t realize they have legal options beyond the criminal case; options that might offer answers, accountability and a way forward.
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