A tragic three-vehicle crash in north Houston has resulted in the death of a 38-year-old man and the arrest of a suspected drunk driver. The incident occurred on Bennington Street at approximately 7 p.m. on Saturday, highlighting the devastating consequences of impaired driving.
The Incident
According to the Houston Police Department (HPD), Abdul Jubay Davis was driving a gray Ford F150 truck when he allegedly ran a red light. The truck collided with a red Chevrolet Impala, causing the driver of the Impala to lose control. The Impala then rolled over and struck a black Honda Civic.
The driver of the Honda Civic, a 38-year-old man, was pronounced dead at the scene. The driver of the Chevrolet Impala was transported to a local hospital for treatment of their injuries. Davis’s passenger was treated at the scene and released.
Arrest and Charges
Abdul Jubay Davis, 42, was also taken to the hospital and is accused of being intoxicated at the time of the crash. He is facing an intoxication manslaughter charge and remains hospitalized as of Tuesday. The identity of the deceased victim is being withheld pending notification of family members by the Harris County Institute of Forensic Sciences.
The Dangers of Intoxicated Driving
This fatal collision serves as a stark reminder of the dangers of driving under the influence of alcohol or drugs. Intoxicated driving significantly impairs judgment, reaction time, and motor skills, increasing the risk of accidents and causing severe injuries or fatalities. The legal consequences of driving under the influence are severe, and the emotional and financial toll on victims and their families can be devastating.
Understanding Intoxication Manslaughter
Intoxication manslaughter is a serious criminal charge that arises when a person operates a motor vehicle while intoxicated and, as a result, causes the death of another person. In Texas, intoxication manslaughter is a second-degree felony, carrying a potential prison sentence of 2 to 20 years and a fine of up to $10,000.
However, beyond the criminal charges, victims and their families have the right to seek civil remedies for the damages caused by the intoxicated driver’s negligence.
Civil Liability in Drunk Driving Accidents
In addition to criminal charges, a drunk driver may also face civil liability for the damages they cause in an accident. This means that the injured victims and the families of those killed can file a lawsuit against the drunk driver to recover compensation for their losses. These losses can include:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Funeral expenses (in cases of wrongful death)
- Loss of companionship and support
Establishing Negligence in a Personal Injury Claim
To successfully pursue a personal injury claim against a drunk driver, the injured party must establish that the driver was negligent. Negligence, in a legal sense, means that the driver failed to exercise the level of care that a reasonably prudent person would have exercised under the same circumstances. In the context of a drunk driving accident, negligence is typically demonstrated by showing that the driver was intoxicated and that their intoxication caused the accident and resulting injuries. Evidence of intoxication, such as blood alcohol content (BAC) test results, field sobriety test results, and witness testimony, can be crucial in establishing negligence.
In addition to the driver’s negligence, other parties may also be held liable in certain drunk driving accidents. For example, if a bar or restaurant over-served alcohol to a person who was visibly intoxicated and that person then caused an accident, the bar or restaurant may be held liable under dram shop laws. These laws hold establishments accountable for serving alcohol to individuals who are likely to become a danger to themselves or others.
Insurance Coverage in Drunk Driving Accidents
Insurance coverage in drunk driving accidents can be complex. While most drivers carry liability insurance to cover damages they cause in an accident, insurance companies may try to deny or limit coverage if the driver was intoxicated. However, injured parties may still be able to recover compensation through the driver’s insurance policy, depending on the specific circumstances and the policy’s terms.
In cases where the drunk driver is uninsured or underinsured, injured parties may be able to recover compensation through their own uninsured/underinsured motorist (UM/UIM) coverage. This type of coverage protects drivers and their passengers if they are injured by a driver who does not have insurance or does not have enough insurance to cover their damages.
The Role of a Personal Injury Attorney
Navigating the legal complexities of a drunk driving accident can be challenging. It is important for injured parties and families of deceased victims to seek counsel from a personal injury attorney who can explain their rights and options. An attorney can help investigate the accident, gather evidence, negotiate with insurance companies, and, if necessary, file a lawsuit to protect the client’s interests.
Commentary from Gosuits Houston, Texas Personal Injury Attorney
This tragic incident underscores the devastating consequences of drunk driving. Beyond the criminal charges, the victims and their families have significant legal rights to pursue compensation for their losses. A personal injury attorney can help navigate the complexities of these cases, ensuring that victims receive the justice and compensation they deserve. It is beneficial to conduct a thorough investigation, gather all relevant evidence, and understand all potential avenues for recovery, including insurance coverage and potential liability of other parties, such as establishments that may have over-served the intoxicated driver.
