What comes next - a legal look into who may be liable - KSWO 7News | Breaking News, Weather and Sports

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

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.

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