Early Sunday morning, a 4-year-old was killed and three others were seriously injured when an SUV was rear-ended by a pickup truck in Sunnyvale, Texas. Authorities state that a Ford F-250 driven by a 33-year-old man struck the SUV from behind while both were traveling eastbound on Highway 80, just west of Collins Road. Police arrested the pickup driver on charges of intoxication manslaughter and intoxication assault. The investigation remains ongoing.
Whenever I see reports like this—especially those involving allegations of drunk driving—I immediately think about the role of the establishments that may have served the driver before the crash. In my experience, it’s often worth asking whether a bar or restaurant continued to serve alcohol to someone who was obviously intoxicated.
After a Crash Involving Alcohol in Texas, Can a Bar Be Liable Under Dram Shop Law?
Texas has what's known as a “dram shop law,” which makes bars accountable if they served someone who was obviously intoxicated and that person went on to cause serious harm. While criminal charges are being pursued against the driver, it will also be important to investigate where the driver had been drinking beforehand and whether any business contributed to this crash. Identifying that establishment and reviewing receipts, surveillance footage, and witness statements could be a crucial next step.
What Evidence Should Be Examined?
To determine if a restaurant or bar is involved, investigators would need to gather evidence such as credit card transactions, bar tabs, surveillance videos, and statements from servers or patrons who witnessed the driver's behavior. Toxicology results and the driver’s timeline leading up to the crash can also shed light on where the driver allegedly consumed alcohol and in what quantity.
The Importance of a Full Investigation
While criminal charges have been filed against the allegedly intoxicated driver, there are still a lot of questions left unanswered. A full investigation will be necessary to uncover whether other factors—like a potentially negligent alcohol provider—played a role in this accident. In my experience with dram shop cases, further investigation usually reveals details that would otherwise be overlooked but are crucial to understanding the full picture.