A heartbreaking accident in Conroe, Texas, is a tragic reminder of the dangers of drunk driving and the lasting trauma these crashes cause for families. On Mother’s Day, a mother and her two daughters were struck by an alleged drunk driver while waiting for help after a flat tire. Her older daughter died at the scene. The mother and her five-year-old daughter both suffered catastrophic burns and broken bones. The driver, a 55-year-old man, admitted to drinking prior to the crash and now faces charges of intoxication manslaughter and intoxication assault.
At Kherkher Garcia, we believe every person harmed or killed due to a reckless driver deserves justice. But justice is not only accomplished through the criminal system, but also through civil legal action. Families affected by tragedies like this have legal options, including personal injury and wrongful death claims. These lawsuits can provide accountability, compensation, and closure.
Mother’s Day Crash Devastates Conroe Family
The devastating Mother’s Day crash in Conroe has left a family grieving and demanding accountability. The driver, a mother enroute to pick up her son, experienced a flat tire and pulled over onto the inside shoulder of I-45. After waiting for assistance for two hours, a suspected drunk driver crashed into her parked vehicle.
One child in the parked vehicle was killed instantly. The driver and her five-year-old daughter suffered severe burns and multiple broken bones. They are both being treated in the burn unit at Memorial Hermann Hospital in Houston. Family members say the emotional toll has been immense, especially for the child, who continues to ask when she can go home.
The driver who struck the parked vehicle admitted to drinking prior to the crash. He is currently hospitalized and facing serious charges including one count of intoxication manslaughter and two counts of intoxication assault. Records show he has a prior DWI conviction from 22 years ago. An investigation into where he may have been drinking prior to the crash is ongoing.
Relatives are calling for justice and urging drivers to make responsible choices, highlighting the far-reaching consequences of impaired driving. The case serves as a heartbreaking reminder of the dangers of drunk driving and the lifelong impact it can have on victims and their families.
Common Causes of Drunk Driving Accidents
Drunk driving continues to be a leading cause of fatal and life-altering crashes in the United States. Alcohol impairs judgment, reaction time, coordination, and motor skills – all of which are critical for safe driving. According to the National Highway Traffic Safety Administration (NHTSA), over 12,400 people died in alcohol-impaired driving crashes in 2023.
Common causes of drunk driving accidents include:
- Delayed Reaction Times: Intoxicated drivers are slower to react to changes in traffic, such as stopped vehicles, red lights, or pedestrians.
- Poor Judgment: Alcohol impairs decision-making, leading to risky behaviors like speeding, aggressive driving, or failure to yield.
- Failure to Recognize Hazards: Drunk drivers may not see stalled vehicles, road signs, or emergency vehicles.
- Lane Departure: Impaired motorists often drift between lanes or veer off the road.
- Speeding or Driving Too Slowly: Alcohol affects depth perception and timing, causing erratic speed control.
- Fatigue or Falling Asleep at the Wheel: Alcohol is a depressant, and intoxicated drivers may become drowsy or fall asleep.
In the Mother’s Day crash, the driver plowed into a vehicle parked on the inside shoulder of the freeway. This is something a sober, attentive driver should have been able to avoid. The fact that the family had been waiting for two hours before being hit suggests a clear breakdown in attention and control, consistent with alcohol impairment.
Types of Accidents Commonly Caused by Drunk Driving
Drunk drivers are unpredictable and dangerous. The types of collisions they cause are often high-impact and catastrophic.
Common drunk driving accident types include:
- Rear-End Collisions: As seen in this case, drunk drivers may fail to slow down for stopped vehicles, leading to devastating rear-end crashes.
- Head-On Collisions: Impaired drivers may enter opposing lanes or drive the wrong way on highways.
- T-Bone or Side-Impact Collisions: Running red lights or stop signs often results in broadside crashes at intersections.
- Single-Vehicle Crashes: Drunk drivers frequently lose control and crash into guardrails, trees, or roll over.
- Pedestrian and Cyclist Collisions: Impaired drivers may not see or react to people on or near the road.
In cases like this one, where the victim’s car was stopped and legally pulled over, liability is usually clear. However, that does not make the civil process easy, especially when victims are recovering from serious injuries or grieving a devastating loss.
Injuries in Crashes Involving Alcohol-Impaired Drivers
Crashes caused by drunk drivers often result in catastrophic or fatal injuries. These injuries can lead to long hospital stays, permanent disability, and overwhelming financial and emotional hardship. Injuries commonly seen in alcohol-related accidents include:
- Burn Injuries: Rear-end impacts can ignite fuel tanks or crush vehicles, leading to fires and severe burns.
- Broken Bones: High-speed impacts cause complex fractures, especially in young children whose bones are still developing.
- Spinal Cord Injuries: Sudden forces can damage the spinal column, resulting in paralysis or long-term mobility issues.
- Traumatic Brain Injuries (TBI): Victims may suffer concussions, brain swelling, or cognitive impairment.
- Internal Organ Damage: Blunt force trauma often injures organs like the liver, spleen, or lungs.
- Psychological Trauma: Survivors may experience PTSD, depression, or anxiety—especially when a loved one is killed in the crash.
Burn victims, especially children, often endure years of skin grafts, surgeries, and rehabilitation. In addition to physical pain, they suffer emotional trauma from disfigurement and disability. These life-altering effects demand a legal response that addresses the full scope of damages.
How Personal Injury and Wrongful Death Claims Work
In drunk driving cases, criminal prosecution alone does not compensate victims. That’s where civil claims come in. Filing a personal injury or wrongful death claim allows families to pursue financial compensation and accountability through the civil justice system.
Personal Injury Claims
When a person is injured in a crash caused by someone else’s negligence or recklessness, they can file a personal injury claim. This legal action seeks compensation for:
- Medical bills (emergency care, surgeries, rehab)
- Pain and suffering
- Lost wages and loss of future earnings
- Mental anguish
- Disfigurement or disability
- Long-term care and accommodations
In this case, both mother and daughter may be eligible for significant compensation given the severity of their burns, broken bones, and emotional trauma.
Wrongful Death Claims
If a family member is killed due to someone else’s negligent or reckless actions, their loved ones may file a wrongful death lawsuit. In Texas, these claims can be brought by spouses, children, or parents of the deceased. Wrongful death compensation may cover:
- Funeral and burial costs
- Loss of financial support
- Loss of companionship or parental guidance
- Emotional distress and grief
- Medical expenses incurred before death
For families, this legal pathway may provide a measure of justice that goes beyond the criminal court system.
Separate From Criminal Charges
Importantly, a civil case is separate from any criminal proceedings. Even if the driver is convicted of intoxication manslaughter or assault, that outcome does not automatically provide compensation. Likewise, victims can pursue a civil case even if the driver is not convicted.
What About Dram Shop Claims?
In addition to holding the drunk driver accountable, victims of alcohol-related crashes may also have a legal claim against the bar, restaurant, or other establishment that overserved the driver. These are known as Dram Shop claims, and they can play a critical role in securing justice and compensation, especially when the drunk driver has limited insurance or assets.
What Is a Dram Shop Claim?
Under the Texas Dram Shop Act, a business that sells or serves alcohol can be held legally responsible for injuries or deaths caused by an intoxicated patron if:
- The establishment served alcohol to a person who was obviously intoxicated, to the point that they posed a clear danger to themselves or others; and
- That person’s intoxication was a proximate cause of the crash or injuries.
This law is designed to hold alcohol vendors accountable for negligent service and prevent businesses from prioritizing profits over public safety.
Examples of Dram Shop Liability
In the context of the Mother’s Day crash, if the driver had been drinking at a bar or restaurant before getting behind the wheel, and that establishment continued serving him despite clear signs of intoxication, the business may share liability for the crash. Evidence that may support a Dram Shop claim includes:
- Receipts showing large quantities of alcohol served in a short period
- Witnesses or staff who observed slurred speech, stumbling, or aggressive behavior
- Surveillance footage showing the driver’s condition
- Testimony from bartenders, servers, or other patrons
Dram Shop claims can significantly increase the pool of available compensation for victims, especially in cases involving wrongful death or catastrophic injury.
Why These Claims Matter
In many drunk driving cases, the at-fault driver’s auto insurance may not cover the full extent of the damages. Medical bills, funeral expenses, loss of income, and long-term care can easily exceed the limits of an individual policy.
By pursuing a Dram Shop claim, victims may be able to:
- Hold all responsible parties accountable
- Uncover negligent alcohol service practices
- Prevent future tragedies by encouraging responsible alcohol service
- Secure additional financial resources to help with recovery and rebuilding
At Kherkher Garcia, our attorneys investigate whether a third-party business contributed to the events leading up to the crash. If a bar or restaurant violated its duty to serve alcohol responsibly, we will pursue all legal avenues to hold them accountable.
How Kherkher Garcia Fights for Victims and Families
At Kherkher Garcia, we know how devastating drunk driving crashes can be. We fight aggressively for victims and families who are hurt or left behind because someone else made the reckless choice to drive impaired. Our team is deeply experienced in auto accident litigation and personal injury law. We have secured numerous life-changing results for clients across Texas and beyond. Here’s how we help:
Thorough Investigation
We work quickly to gather evidence, including:
- Police and crash reports
- Surveillance or dashcam footage
- Toxicology results and medical records
- Eyewitness statements
- Vehicle data and accident reconstruction
We build the strongest case possible to hold drunk drivers accountable.
Maximizing Compensation
Our legal team works with medical experts, financial analysts, and life-care planners to ensure that all damages – past, present, and future – are fully calculated. We aggressively pursue the highest possible compensation for:
- Medical treatment
- Rehabilitation
- Emotional and physical suffering
- Loss of life and companionship
We understand that clients are grieving, in pain, and overwhelmed. Kherkher Garcia treats each family with compassion and respect while relentlessly fighting for justice on their behalf. Whether negotiating a settlement or taking a case to trial, we don’t back down.
Take the First Step Toward Justice
If you or a loved one has been hurt, or if you lost someone you love, due to a drunk driver, you are not alone. At Kherkher Garcia, we are here to help you understand your legal options and pursue the justice and compensation your family deserves.
Don’t wait for the criminal courts to act. Call us today for a free, confidential consultation and let us help you take back control of your future. Contact Kherkher Garcia today. We fight for the victims of drunk driving because your family deserves justice. Call us at 713-333-1030 to start your free consultation, or request more information via our website form.
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