What comes next - a legal look into who may be liable - KWES NewsWest 9 / Midland, Odessa, Big Spring, TX: newswest9.com |

What comes next - a legal look into who may be liable in the "TEXAS" crash

Posted: Updated:

Now that toxicology reports are back, the question of 'who may be liable' for the crash that killed five "TEXAS" cast and crew members seems to be on people's minds.
  
But that answer may be harder to prove than most people think. 

The  toxicology report shows the driver of the car had double the legal blood alcohol level and traces of marijuana in his system. He was 20 years old.

Attorney Dean Boyd helped explain what may happen next, but he said the key factor is finding out how the underage driver got the alcohol. 

"It's really going to depend on who set up the party. Again, its very fact specific, who set up the party, who sponsored it, who provided the alcohol," he said.

Currently  the Texas Alcoholic Beverage Commission tells us they are in the process of interviewing people who were at the party to find this out.

But even when this is determined, a loophole in Texas law may add an additional challenge, even if there was alcohol at the party with minors. 

"If they're 17 or younger, yes you are absolutely  able to be held responsible under the law," Boyd said. "But if they're still 18, 19 or 20, still under aged for drinking, the law doesn't say you are responsible. In fact, it's very difficult to prove that they are responsible."

Boyd says  if alcohol was available at the party, the host could be held responsible. 

At this point, results from the TABC investigation will determine the next step.

Colleen Nelson - NewsChannel 10.

  • Local HeadlinesMore>>

  • Midland Goes Green With Solar Compactor

    Midland Goes Green With Solar Compactor

    Midland is going green in a very high-tech way that is also saving tax dollars.
    Midland is going green in a very high-tech way that is also saving tax dollars.
  • "Run or Dye" 5K Event Held in Midland

    "Run or Dye" 5K Event Held in Midland

    It was a colorful start to the Easter weekend with the “Run or Dye” 5K on Saturday morning in Midland. About 1,000 people showed up to the Scharbauer Sports Complex to run and get splashed with color along the way.
    It was a colorful start to the Easter weekend with the “Run or Dye” 5K on Saturday morning in Midland. About 1,000 people showed up to the Scharbauer Sports Complex to run and get splashed with color along the way.
  • Midland Firefighter Needs Donations to Fight Cancer

    Midland Firefighter Needs Donations to Fight Cancer

    30-year-old Aaron Hughes is a driver and paramedic with the Midland Fire Department. He was recently diagnosed with cancer. Aaron tells NewsWest 9 that he had an ulcer on his tongue that wouldn't go away. The doctor performed a biopsy on it and a few days later Aaron found out he had carcinoma. 
    30-year-old Aaron Hughes is a driver and paramedic with the Midland Fire Department. He was recently diagnosed with cancer. Aaron tells NewsWest 9 that he had an ulcer on his tongue that wouldn't go away. The doctor performed a biopsy on it and a few days later Aaron found out he had carcinoma.