Dallas, TX — December 4, 2023, Kenneth Burke was injured following an alleged drunk driver accident at around 2:45 a.m. on Columbia Avenue.
According to reports, the incident happened in the area of the Columbia Avenue and North Augusta Street intersection.
Details right now say that Kenneth Burke was on a motorcycle going eastbound along Columbia at the time. Up ahead, another driver apparently made a left turn, crashing with Burke and causing severe injuries from which Burke continues to recover.
The other driver involved is accused of being intoxicated at the time. Authorities allege that a breathalyzer test showed the driver to be over twice the legal limit. There appears to be at least one pending charge for intoxication assault.
Commentary by Attorney Michael Grossman
I’ve seen more recent statements indicate that Mr. Burke woke up from an induced coma and was responsive. It’s a hopeful sign that he is on his way to getting better. It’s a testament to the victim’s character to see the outpouring of support from loved ones and the community, who are all willing to step up and share the burden. But frankly, that shouldn’t be theirs to bear, and it’s always crucial after a drunk driving wreck to find out who all should be shouldering that weight, because it might not be just the drunk driver.
For example, I had a case not long ago involving a drunk driver who went into oncoming traffic, hit a family’s car, and seriously injured their young child. Authorities were rightfully content to charge that driver, but that’s as far as their efforts extended. That’s why the family was surprised after coming to us when we asked if anyone knew where the driver got their alcohol. Up until then, they hadn’t heard anyone ask that question. It was a good thing, then, they found someone who did.
Through our investigation, we determined the drunk driver was illegally over-served by a local establishment. The driver was out at a local bar for a happy hour drinking with co-workers. The evidence showed the bartender pour drink after drink for the guy, even when it was clear he could barely stumble his way to and from the bathroom. Despite this, they illegally continued to over-serve him before eventually closing out his substantial tab and sending him on his way to nearly kill two parents and their kid. Only by finally bring that evidence to light was that establishment brought to answer for their role in the crash.
Authorities are almost always thorough when it comes to drunk drivers and ensuring they get a day in court. Anything beyond that, though, is rarely a high priority for many departments around the state, including right here in DFW. In particularly devastating accidents, authorities might take that initiative, but across the hundreds of personal injury cases I’ve handled involving alcohol, negligent providers usually only faced charges after we brought their actions to the attention of the authorities during our independent investigations.
So here, police have obviously taken steps to recommend charges against the allegedly drunk driver. Is that where their investigations ended? Or have they made sure all parties responsible for this accident are brought forward to bear their share of the burden?
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