Sources reported that an alcohol-related accident in San Angelo, TX took the life of 33-year old Bodie Sinclair on May 5, 2012 at approximately 11:19 in the evening. The accident involved one vehicle, reports stated, in which Sinclair was a passenger. Allegedly, 25-year old Scott Wortham was driving along US-87 when he attempted to pass another car on the roadway.
Scene of the Accident
Wortham lost control of his pickup truck and the vehicle flipped over multiple times. Sinclair was killed immediately in the accident, and police reported that neither man was wearing a seat belt at the time of the accident. Police suspected that Wortham may have been under the influence of alcohol and was charged with intoxicated manslaughter.
Many of my readers may not be aware of it, but an accident of this nature can actually present multiple defendants, as well as a couple of theories of liability. First, it should be noted that any discussion of civil remedies from an accident should be supplemented by an independent investigation. The investigation should first study the actions of the driver, as this is the most obvious liable party from the incident. While intoxication is certainly an allegation that can bring about fault, it will also need to be proven that the driver made an action contrary to normal safe procedure. Regarding those intoxication allegations, the investigation is then tasked with tracing where this intoxication began. If a bar or restaurant was found to be visited by the driver prior to the wreck, that entity’s service should be scrutinized. Serving an intoxicated patron more alcohol is illegal, and probably more importantly, very dangerous. Indeed the TABC trains bartenders and staff to recognize visible intoxication and stop service.
- Attorney Michael Grossman