This drunk driving crash injured a 6-year-old boy and killed another driver, 22-year-old Javier Maya.
It was 1:30 a.m. on a recent Monday morning when 27-year-old Nydia Pena ran a red light at Southwest Military Drive near Norma Street in San Antonio. She collided with another car.
Javier Maya was the driver of the other car and he was killed on impact. The passenger in Maya’s vehicle was taken to the hospital in critical condition. The small boy was a passenger in Pena’s vehicle and was taken to the hospital along with Pena to ensure they were both medically stable.
Police at the scene charged Pena with intoxication assault, DWI with a child in the car and intoxication manslaughter.
This is an accident that never should have happened in the first place. Pena had no business drinking and driving and no business drinking and driving with a 6-year-old child in her vehicle. The term negligence comes to mind to describe someone who would take that kind of a chance with a small child, or would even think to drive while under the influence of alcohol.
If Javier’s family chooses to file a wrongful death lawsuit, there is a good chance that they could win. That civil lawsuit would be filed after the criminal charges have been handled.
In accidents such as this one, the cause is often negligence in one form or another, for example, texting; talking on a cellphone; not paying attention; using Facebook, Twitter, Instagram, Snapchat or other social media platforms while driving; or even viewing a video while driving. While instant, on-demand information and entertainment might be just fine if you access it from home, accessing it while driving is nothing short of suicidal.
If you have been involved in an accident where the other driver was either DWI or using e-devices just prior to the accident, reach out and speak to an experienced drunk driving/distracted driving attorney. You need to know where you stand legally.