A 62-year-old woman, Briana Kew, was killed last Wednesday night after a Volvo sedan collided with her Mitsubishi Mirage at high speed at the intersection of State Highway 26 and Cheek Sparger Road. The impact sent both vehicles off the roadway, and Kew was pronounced dead at the scene after being extricated from her vehicle. Authorities arrested the other driver on suspicion of intoxication manslaughter.
Whenever I hear about a crash involving an allegedly impaired driver, I think about the places that may have contributed to the driver’s condition. In Texas, if a bar or restaurant serves alcohol to someone who is obviously intoxicated and that person causes a serious or fatal crash, that business may be liable under dram shop law.
Could a Bar or Restaurant Share Responsibility?
One key question investigators should be asking is whether the driver had been drinking at a business shortly before the crash—and if so, whether he appeared obviously intoxicated when he was served. This could open the door to a dram shop claim against that business.
What Evidence Should Be Collected?
To determine whether alcohol overservice played a role, it’s important for investigators to gather security footage from nearby bars or restaurants, interview bartenders and patrons, and review receipts or credit card transactions. These pieces of evidence help establish a timeline and assess whether the driver was served alcohol while visibly intoxicated.
Why a Thorough Investigation Matters
Even though the allegedly intoxicated driver has been charged, that doesn’t mean the investigation should stop there. It’s important to determine whether someone else contributed to the events leading up to this crash—such as a bar or restaurant that may have overserved the driver. From what I’ve seen in dram shop cases, digging deeper often brings to light overlooked details that are critical to understanding how and why the crash happened.