Motorcyclist Killed in Accident With Suspected Drunk Driver
Police arrested and charged 31-year-old Hector Lopez with intoxication manslaughter and felony possession of a controlled substance following an accident that resulted in the death of 53-year-old Eric Allen on Monday night
According to the San Antonio Police Department, Lopez was drunk when he ran a red light and crashed into the motorcyclist at the intersection of North Weidner Road and the Wurzbach Parkway. Allen was transported to San Antonio Military Medical Center, where he passed away.
Police said that Allen was riding his Harley Davidson and turning onto North Weidner Road from Wurzbach Parkway at around 7 p.m. on Monday when Lopez ran through a red light at the intersection and crashed his BMW SUV into Allen’s motorcycle.
Officers evaluated Lopez at the scene and determined that he was intoxicated when the fatal crash occurred. He was taken into custody following the crash and booked at the Central Magistrate’s Office early Tuesday morning, with bail set at $85,000.
Legal Options For Families of Drunk Driving Victims in Texas
Attorney contributor Brian Kent of CrimeVictim.Attorney helps drunk driving victims and their families get the support and full financial compensation they deserve. Here are some thoughts from him on the legal options available to DUI crash victims in Texas:
When a drunk driver causes an accident that results in injury or death, the victims and their families often file personal injury or wrongful death lawsuits against the driver. But in Texas and many other states, these victims may also have the right to file a lawsuit against an alcohol vendor who provided alcohol to the drunk driver prior to the crash. This second type of lawsuit is covered under “dram shop” laws, which vary from state to state.
According to the Texas Alcoholic Beverage Code Chapter 2, both alcohol vendors and social hosts can be held liable for alcohol-related injuries and deaths caused by customers or guests under certain conditions. Victims may have the right to file a lawsuit against alcohol vendors if:
- alcohol was sold or given to a minor under age 18, or
- alcohol was sold to a customer who was obviously intoxicated to a point where he or she was a clear danger to the safety of self and others, and
- the intoxication was a foreseeable cause of the accident and injuries suffered.
Hosts of private social gatherings can also be held liable if the host is over 21 and provides alcohol to a minor under age 18 and:
- the host is not the parent, guardian, legal custodian, or spouse of the minor, and
- the adult knowingly served or provided alcohol to the minor or allowed the minor to drink on their property.
If you or someone you love was recently hit by a drunk driver and you’d like to explore your legal options, you can learn more by speaking with an experienced DUI victims lawyer.