Police responded to a fatal crash Saturday evening on Menchaca Road near Davis Lane in South Austin, where a pedestrian was struck and killed. Emergency responders pronounced the man dead at the scene. According to investigators, the driver involved, a 21-year-old woman, was arrested and charged with allegedly driving while intoxicated and accident involving death. The investigation is ongoing.
In cases like this, where impairment is suspected, it’s important to figure out when and where the driver allegedly consumed alcohol. If the driver was overserved alcohol at a local bar or restaurant before the crash, Texas law may allow for a dram shop claim.
Could a Bar or Alcohol Provider Share Responsibility?
Under Texas law a bar, restaurant, or other alcohol provider can face consequences when they serve someone who was obviously intoxicated, and that person later caused harm to others. Whether these consequences are appropriate depends on whether there is evidence that the signs of intoxication were visible and ignored at the time of service. If the alleged intoxicated driver in this case had been drinking at a licensed establishment beforehand, that business may have some questions to answer.
What Types of Evidence Should Be Collected?
To determine whether a bar or other alcohol provider may share responsibility, investigators should review surveillance footage from local establishments, gather receipts or digital payment records, and speak to potential witnesses who were with the driver prior to the crash. Police reports, toxicology results, and body cam footage may also shed light on the driver’s condition at the time of arrest.
Why These Questions Matter
While criminal charges have been filed, there are still many questions that remain unanswered. A thorough investigation into whether alcohol service played a role can reveal critical details that otherwise remain hidden. In my experience, these details are key to understanding the full scope of what happened and providing answers to those affected by this incident.