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One Injured, One Person Arrested Following a Wrongway Collision on I-635 Monday Morning

(via nbcdfw.com) A wrong-way driver was arrested after a crash that left another driver injured on Interstate 635 Monday morning, police said.

A 34-year-old man was driving a Mercedes Benz westbound in the eastbound lanes of I-635 about 3:15 a.m. when he collided head-on with a 22-year-old man driving a Chrysler Sebring, police said.

The Sebring driver fractured his left femur and also had multiple cuts and abrasions, police said.

The Mercedes driver had a laceration to his right hand and he was given a field sobriety test, police said. He was arrested on an intoxication assault charge.

Commentary: The wrong way driver is likely going to face both criminal charges as well as civil liability for the accident and the injuries sustained by the young man in the Sebring.

The intoxicated driver is liable for civil damages resulting from his negligence in driving the wrong way on a major public highway. Additionally, he will be liable under theories of negligence per se, because it is a violation of the Texas Transportation Code and other statutes to drive while intoxicated as well as the wrong direction. Furthermore, it is very likely that driving the wrong direction AND driving while intoxicated is evidence of gross negligence. If gross negligence is proved at trial, it opens the wrong way driver up to the injured party for punitive damages.

How Does the Injured Party Get Paid?

The injured party will receive their funds from the at-fault parties insurance company, and if available, any amounts available under the injured parties OWN policy. In addition to that, if the other party was driving home intoxicated as a result of a bar or other alcoholic establishment’s negligence in over serving him alcohol, then the establishment may also be held liable for their negligence in overserving the at-fault party to a point where he became a danger to the public, namely the injured party.

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