A crash on I-35 in Kyle early Tuesday morning left 50-year-old Flavia Arzate Gomez dead after she was struck by an alleged drunk driver. Gomez had pulled over on the shoulder to adjust a tarp on her vehicle when a 21-year-old woman reportedly crashed into her. Police stated that the woman showed signs of impairment and admitted to drinking alcohol on Sixth Street in Austin before the crash. She has been charged with intoxication manslaughter.
Whenever I see a case like this, I think about whether a bar or restaurant overserved the driver before the crash. Under Texas dram shop law, businesses can be held accountable if they serve alcohol to someone who is already obviously intoxicated and that person later causes harm.
Could a Bar or Restaurant Be Liable?
A key question in this case is whether the woman was served alcohol after showing clear signs of intoxication. If she was coming from a bar or restaurant, investigators should review security footage, witness statements, and credit card receipts to determine whether staff continued serving her when they should have cut her off. Establishments that ignore these responsibilities can face legal consequences under Texas law.
What Evidence Should Be Examined?
To fully understand what led to this crash, investigators should collect bar receipts, surveillance footage, and transaction records to confirm where the woman was drinking before the incident. Statements from bartenders, servers, and other patrons can provide insight into whether she appeared intoxicated while being served. Additionally, toxicology reports and time-stamped video evidence could help determine how impaired she allegedly was.
The Importance of Asking These Questions
Dram shop cases are often overlooked, but they can be crucial in holding all responsible parties accountable. In my experience, these investigations sometimes reveal that businesses contributed to an accident by failing to follow alcohol service laws. A thorough review could determine whether a bar or restaurant played a role in this crash and provide answers to those affected.