An article from HLN TV recently presented the question of whether prosecutors should go after Nicole Baukus or Kambiz Michael Duran, the man who bought her drinks after she was already intoxicated, as if it’s an either/or proposition. (Source: Alexandra Thomas, HLNtv.com, 8/5/13) The Texas wrongful death attorneys at Denena Points, PC note that the law allows prosecutors to go after BOTH of them. And indeed, authorities have issued an arrest warrant for Duran.
Texas has a huge drunk driving problem that results in thousands of severe injuries and fatalities each year. And approximately one third of the nation’s more than 30,000 traffic fatalities annually are caused by drunken drivers. The deadly toll includes the two teens tragically killed when Nicole Baukus crashed into them. DPS troopers noted that Baukus was laughing as they charged her with intoxication manslaughter and intoxication assault.
Educational campaigns, rehabilitation programs, and heightened legal penalties have done little to deter drunken drivers or those who over-serve them in Texas. Bars and clubs often resort to “safe harbors” to escape liability under the TABC laws against over-serving alcohol. So the Baukus case could present prosecutors with a good first step in holding individuals responsible for providing alcohol to those already intoxicated. Maybe if individuals became aware that they too could be held liable under TABC laws, it would discourage such behavior.
Our Texas wrongful death attorneys emphasize that it’s not just criminal penalties that Kambiz Michael Duran could face, but also monetary penalties in civil lawsuits filed by the surviving victim and the families of the deceased victims of the DWI crash. Texas observes the rule of assigning proportional liability among all the parties proven to have contributed to an accident. Texas also allows for joint and several liability, where if one party is found more than 50% responsible for an accident, they could be held financially responsible to pay all the monetary penalties if other parties can’t pay.
The Texas wrongful death attorneys at Denena Points, PC hope that prosecutors and the civil attorneys of the surviving victim and the deceased victims’ families take the opportunity to seek justice against all the responsible parties in this case: Nicole Baukus, the bar which in defiance of the law served her the drinks that led to the crash, Duran, the man that purchased some or all of those drinks for Baukus, and others of whom we may not be aware.
Contact Us to Learn more about how Civil Monetary Penalties can be used to hold Drunken Drivers and Those Who over-serve Them Financially Accountable for their Disregard of the Law and Your Safety
If you or your loved one was harmed in a DWI crash, the Texas wrongful death attorneys at Denena Points, PC offer a FREE, no obligation initial legal consultation to answer your questions about potential liabilities and civil monetary compensation. Call us at 713-807-9500 or reach us through our online contact form.