Police say six people, including four children, were hospitalized after an early morning head-on crash on FM 121 near Old Tioga Road in Gunter, Texas. According to investigators, a 40-year-old man allegedly crossed into oncoming traffic around 2 a.m. Sunday and struck another car carrying a family of six. The second vehicle overturned from the impact. Responding officers reportedly observed signs of intoxication in the man, who was arrested and charged with six counts of aggravated assault with a deadly weapon and driving while intoxicated. Authorities continue to investigate the incident.
While criminal charges against an allegedly intoxicated driver are an important step, they don’t always tell the whole story. From my experience handling DWI-related injury cases in Texas, one of the most important questions that often arises is: Where did the driver allegedly get the alcohol, and should they have been served in the first place?
Could a Bar or Alcohol Provider Be Liable Under Texas Dram Shop Law?
Texas law allows injured parties to hold alcohol providers accountable in certain situations through what’s known as a dram shop claim. Specifically, a bar, restaurant, or similar business may be liable if they served alcohol to a customer who was obviously intoxicated and that intoxication later caused a crash. If evidence shows that the man had been allegedly drinking at a licensed establishment shortly before the collision, and that he appeared clearly impaired at the time, then the business that served him may share responsibility for the harm caused.
What Evidence Is Needed to Prove a Dram Shop Claim?
To bring a successful dram shop case, it’s important to gather evidence quickly. This might include credit card receipts, surveillance footage from the bar, witness statements, and toxicology results. Timing is key: bars are often required to retain security footage for only a limited time, and eyewitness memories fade. That’s why acting fast can make the difference between uncovering the truth and losing vital evidence.
Why These Questions Matter After a Serious DWI Crash
When a suspected drunk driver allegedly crashes into a vehicle carrying a family—especially in the early morning hours—it’s not just about one person’s decision to get behind the wheel. It’s also about whether someone else enabled that decision. In my view, holding alcohol providers accountable when they over-serve impaired patrons plays a key role in preventing future crashes and helping provide answers to those affected.