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According to the crash report, after leaving Winstar Casino, Jorge Martinez Munoz drove while intoxicated and injured another driver. Per the report, the incident happened on August 20, 2022 on Grand Avenue in Gainesville, TX. At approximately 7:07 p.m., the Gainesville Police were dispatched to a crash on Grand near the 3500 block of N I-35. A white Dodge Ram 2500 driven by 53-year-old Jorge Martinez Munoz was traveling southbound on Grand Avenue when he failed to maintain a single lane of travel, crossed the center line and side-swiped a yellow Ford Escape driven by 22-year-old Cameron Spradley. The crash caused the Dodge Ram to spin counterclockwise off the roadway and continue southbound for approximately 0.7 miles before coming to a stop. Mr. Munoz exited the vehicle and fled from the scene. Law enforcement was able to apprehend him a short time later and took him into custody for DWI and Accident Involving Damage to a Vehicle over $200. Mr. Spradley was taken by ambulance to North Texas Medical Center for his injuries.
Commentary
This accident is unfortunately the kind of case that led Texas Legislators to pass the Dram Shop Act. When a bar, restaurant, or other alcohol provider over-serves a customer who goes on to injure or kill themself or another person, they can be sued by the victim or the victim’s family. The officer that investigated this case determined that the driver had been at Winstar Casino and left the facility intoxicated. The report does not state what evidence was obtained in his investigation but it does put the injured party on notice that they aren’t just dealing with a standard motor vehicle insurance claim. Since the vehicle driven by the drunk driver was owned by a business, it is likely a claim can be submitted against one or more of their policies, even if he was not on the clock. A crash report alone is not enough evidence to secure your case, even if it places the other driver at fault. Obtaining receipts, video footage, and determining the arrangement for use of the vehicle with the driver’s employer are all important and will likely require litigation unless the investigating officer already obtained that information as evidence in the criminal proceedings. Quick action is key to finding and preserving evidence before it disappears. This process is very complicated and usually takes an attorney experienced in this type of litigation. Since Mr. Munoz traveled for another .07 miles after striking the victim, it would appear he was traveling at a high-rate of speed. Injuries from a high-speed collision are often serious and may require extensive medical care and time off work. The only bright side to this accident, if there is one, is that there is a good chance there is enough coverage available to the victim to recover financially for losses.
