One driver was killed and the other arrested following a fatal 2-vehicle accident on Farm to Market Road 529 in Harris County on in the early morning hours of Sunday, August 12. Police charged Rafael Escobar with intoxication manslaughter following the fatal head-on collision.
At around 3:30 a.m., Escobar was speeding westbound in the middle lane of FM 529 when he crashed head-on into a 2006 Buick Lacrosse. Both vehicles spun out before coming to a stop facing southwest.
Both drivers were rushed to a nearby hospital. The driver of the Buick Lacrosse died from his injuries, while Escobar's were considered non-life-threatening. He was booked into the Harris County Jail.
Attorney commentator Marc Lenahan adds some thoughts on the legal rights of drunk driving victims:
We're all aware of the dangers of drunk driving, but a handful of reckless individuals still decide to drive drunk every day in the United States. The victims who are injured by these drunk drivers, along with the families of those killed by them, deserve to find some sense of justice for their loved one. In Texas, victims may have the option to file a personal injury lawsuit against the drunk driver, and in some cases, against an alcohol vendor (like a bar, club, restaurant, etc.) that served the driver.
According to Texas dram shop laws, alcohol vendors can be held liable for damages in drunk driving lawsuits if they served alcohol to someone who was visibly intoxicated and that person injured someone else in a DUI accident that night. Vendors, along with social hosts, can also be held liable for serving alcohol to someone under age 21 if that person injures someone else in a DUI accident.