Texas Car Accident Injury Law Blog : Texas Personal Injury Lawyer & Attorney : Allen Rogers Law Firm : Austin, Fort Worth

The families of two teenagers killed in a violent car wreck with a drunk driver have filed a "Dram Shop" lawsuit against Buffalo Wild Wings in Wichita Falls, about 25 miles southeast of Electra.  According to the Texas Department of Public Safety, the drunk driver, Michael Nason, of Electra, had a blood alcohol level of 0.27--more than 3 times the legal limit of 0.08--when he crashed into the teenagers' vehicle.  Nason's passenger was injured.

Dram Shop cases are lawsuits against the alcohol provider based on that provider's negligence in serving more drinks to a person who is already drunk.  These cases are complicated and they require an experienced attorney.  Any person injured in a wreck with a drunk driver should immediately hire a personal injury lawyer to start gathering the important evidence to prove the case.  Typically lawsuits are filed soon after the wreck occurs.

Texas Alcoholic Beverage Code s2.02(b) declares that providers of alcoholic beverages (e.g. restaurants, bars, retail stores, etc.)  are liable for the negligence of a drunk driver who causes a wreck if the alcohol provider served or sold alcoholic beverages to a person who was "obviously intoxicated to the extent that he presented a clear danger to himself and others." The law also provides the alcholic beverage provider with defenses to completely avoid liablity in some cases, and a method of significantly reducing its liability in other cases.

It is alleged the restaurant's employees served Nason too many alcoholic beverages that night.  The lawsuit further alleges the employees failed to have the proper Texas Alcoholic Beverage Commission training and current certification cards. The suit claims the company had an established policy encouraging employees to ignore guidelines for serving alcohol to intoxicated customers and then to allow them to drive home drunk.

 Electra High School students Adreanna Norrid, 18, and Courtney Mengwasser, 16, were killed in the wreck on October 14, 2008.  Their driver survived with critical injuries.

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Jacqueline Saburido is a hero.  Maybe you don't know her name.  But you probably know her story.  If you don't know her story you will soon.  And she very well may save your life.

Jacqueline is from Venezuela. She was a passenger in a car that was hit by a drunk driver on September 19, 1999.   Two other people in the vehicle were killed.  Jacqueline was horribly burned.  She endured the excruciatingly painful treatment , which many victims say is worse than the original injury as the burned skin is scrubbed away across exposed nerves.  Many burn victims do not survive the treatment.

She suffered severe burns over 60% of her body and she underwent more than 40 surgical procedures; and she's still not finished.  Her injuries are extreme, but drunk drivers kill and injury every day.  Sadly, Texas leads the nation in alcohol-related fatalities.

The Texas Department of Transportation is launching a new state-wide anti-DWI campaign to warn Texans not to drink and drive.  Jacqueline has graciously agreed to assist TXDOT in this effort.  The poster (right) displays her suffering.  The campaign will include shocking television ads to demonstrate the point (NOTE: Graphic Content). 

"I feel very good to do it because I know people can understand a little more what happened to me -- why my life changed completely. So I think for me, for everybody, it's a good opportunity."  --Jacqueline Saburido

Thanks Jacqueline.  You are a hero.  Find out how you can help Jacqueline.  Auto accidents caused by drunk drivers also involve complex legal issues.  For example, in addition to the claim against the drunk driver, there might also be a claim against the person and/or establishment that sold or served the alcohol.  There may also be multiple claimants who are all seeking compensation from a limited about of insurance coverage.  An injury victim from a drunk driver crash should consult an experienced lawyer as soon as possible after the accident.

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An unspeakable tragedy struck the small northeast  Texas community of Simms, Texas last week.  A teenager was killed  when her car crashed into the rear of a school bus.  Jessica Conner, a 16 year-old student at  James Bowie High School in Simms, Texas, was driving a Honda Prelude eastbound on U.S. Highway 67 around 3:30 p.m.   Jessica's vehicle came to rest beneath the school bus.  She was pronounced dead at the scene.  Our prayers and sincerest condolences go to Jessica's family.

The wreck happened about two miles east of the school.  It has been reported that the school bus was stopped at the time of the crash. Troopers said Conner's car swerved around two stopped cars and she lost control and wound up underneath the bus. 

It's not clear what caused her vehicle to go out of control.  It is not clear at this point why the school bus was stopped in the right lane of the highway. It is also not clear whether the bus's flashing lights were working properly. No students on the bus were injured.
 

Fatalities involving children and school buses occur every year.  Those cases usually involve a child exiting the school bus and then being struck by a driver who failed to see or ignored the bus's flashing lights.  Texas law (Tex. Transp. Code s545.066) is very clear that a vehicle approaching a school bus from any direction must stop and remain stopped while the bus is loading or unloading passengers.  It is time the Texas Legislature took additional steps to protect Texas children, by enacting legislation to enhance the visibility of stopped school buses with additional lighting.  The installation of a piercing audio device, such as an air horn, for warnings to approaching vehicles would further enhance safety features.

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