A female pedestrian who was struck by a drunk driver at a music, film and interactive festival in Austin TX last March is bringing a negligence suit against the sponsor companies and the planners that staged the event.
The woman, who was attending the South by South West Festival in Austin last year, was badly hurt when a drunk driver slammed into her with his car as she was walking along a sidewalk. The man allegedly was trying to escape a nearby police traffic stop.
The language of the lawsuit closely mirrors the language from another civil lawsuit that was filed last week by the families of three other people who were killed by the drunk driver in the same incident.
Both suits argue that the tragedy could have been prevented with better safety measures.
The first lawsuit states that the woman suffered a traumatic brain injury and also suffers ongoing pain and anguish. She also had a broken leg. She wants damages to pay for her medical expenses and lost wages.
The suit alleges that the festival organizers knew it was possible that excessive alcohol would be consumed at the event, and that Red River Street was not properly closed to traffic. The lawsuit states that the organizers of South by South West could have bought inexpensive rigid barriers to place at both ends of the street to make it impossible for cars to drive there.
We have worked on similar brain injury cases involving a driver/pedestrian collision with alcohol involved. We won a confidential settlement in Virginia Beach for one of our clients who suffered a concussion after being hit by a drunk driver.
Whether or not the city of Austin and planners of the festival above are at fault, there is no doubt that the blame mostly lies with the foolish drunk driver. Anyone who ever drinks should never ever drive.