Family of off-duty officer killed in wreck sues alleged drunk driver, Austin bar

AUSTIN, Texas - The wife, children, and parents of an off-duty officer who died after being hit by a vehicle in North Austin announced a wrongful death lawsuit on Dec. 28.

The Stewart Law Firm says they're suing the alleged drunk driver and the bar in The Domain that the officer's family says over-served her.

Officer Jeffrey Richardson was working a contract traffic control job in the early morning hours of June 29, 2022, on the Mopac service road when he was hit by a driver.

Lindsay Smith, 26, was arrested and charged with Intoxication Assault.

The lawsuit alleges that Smith chose to drink and drive putting lives at risk and Jack and Ginger's Irish Pub continued to serve Smith drinks after she was "obviously intoxicated."

The lawsuit also claims Smith "drove through several large orange barrel traffic barricades, and ultimately struck Officer Richardson, who was standing within the barricaded construction zone, with such force that Officer Richardson came to a rest approximately 100 feet from the point of impact."

Richardson was hit by Smith shortly after she left Jack and Ginger's, the lawsuit says.

Smith's attorney's office says they can't comment on the case.

"There is simply no excuse for getting behind wheel when one's intoxicated, especially when doing so causes serious injuries, can kill innocent people and tragically impact the lives of victims forever as was the case with the Richardson family," Stewart said.

"Jeff was a family man, devoted husband, loving father, beloved son and brother. He loved endlessly. He was hardworking and would do anything for anyone at a moment's notice. He didn't deserve to lose his life in the manner that he did. We want to make certain that his death and the void that his passing has left in each of our lives doesn't happen to your loved ones," Richardson's brother Joe said.

He says the lawsuit is about awareness and prevention.

"Through this case, the Richardson family wants to make certain that alcohol-related crashes simply don't happen. Through this case, the Richardson family wants to make certain that sellers and servers of alcoholic beverages do their job correctly and that establishments never continue to serve alcohol to patrons when they are obviously intoxicated and present a danger to themselves and to others," said the family's attorney.

FOX 7 Austin reached out to Jack and Ginger's, but they said, "We cannot comment on this issue at this time."

The family's attorney said New Year's is the most statistically dangerous season on roadways.

"In Texas, someone is hurt or killed in an alcohol-related crash every 20 minutes and one such crash is too many," he said.

The attorney says, with the prevalence of ride-shares, taxis, and designated drivers, there's no excuse to drive drunk.