One person died and one was injured in a crash involving a disabled vehicle in Arlington Wednesday night, police say.
Two vehicles crashed about 8 p.m. on southbound U.S. Highway 287 and westbound Interstate 20.
Police said Richard Spencer, 58, of Arlington, died in the crash.
One person was hospitalized in an unknown condition. Police said they were investigating whether that person may have been intoxicated before the crash.
If Arlington Police suspect that alcohol was involved, they typically have some reason to believe that. There may have been a smell or odor of alcohol coming from the driver that is suspected of driving while intoxicated. Since the other party was killed in the accident, if the at-fault party was intoxicated at the time of the accident, this will give rise to criminal and civil liability. For civil liability, the person is liable for their negligence, and the family would likely have a wrongful death claim against the at-fault party and the deceased person’s estate may have a “survivorship” claim.
In addition to that, if the at-fault party had been at a bar or other establishment that had a liquor license, and they overserved that person to a point where they were “obviously intoxicated”, they may also be subject to liability under the Texas Dram Shop statute. This statute holds liquor licensees liable for their own negligence when they knowingly overserve intoxicated patrons and allow them to leave and become a danger to themselves and others on the road.
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