Sebastian Matta, 26, is charged with intoxication manslaughter in connection to the deadly crash on April 11.
Houston attorneys Benny Agosto, Jr. and Lena Laurenzo of Abraham, Watkins, Nichols, Agosto, Aziz & Stogner filed the lawsuit against Matta on behalf of the boy’s parents.
According to the attorneys, the parents are seeking damages for the death of their son, Caleb, as well as for the injuries sustained by the father, Luis Posadas, who taken to the hospital after the crash. Laurenzo told FOX 26 they are also looking into whether Matta was at a bar or restaurant before the crash. She says they intend to hold any business or persons involved accountable.
"We understand that this has been a tough year but nothing replaces safety and putting your patrons' safety above anything including your own profit line and that's cutting off people who have had too much to drink," Laurenzo noted.
The crash occurred in the 5900 block of the Southwest Freeway service road near Fountain View Drive around 3:30 a.m.
Police say the 5-year-old boy’s father was driving a Nissan Sentra southbound on Fountain View Drive and, having the green light, entered the Southwest Freeway service road intersection.
Sebastian Matta (Photo: Houston Police Department)
According to police, the Nissan was then struck by a silver BMW 545i sedan that was traveling northbound on the service road. The Nissan rolled over.
Police say witnesses reported that the BMW’s driver, Matta, tried to flee the scene but was detained.
The Posadas and his son were taken to the hospital. Police say the boy was pronounced dead, and the father suffered minor injuries.
Matta was also taken to the hospital with minor injuries and then taken into custody.
Police say further investigation determined Matta was intoxicated at the time of the crash.
Matta is out on a $100,000 bond. He is due back in court in July.