An 8-year-old boy is dead and a 31-year-old is behind bars for his involvement in a drunk driving crash that happened on October 10, 2022 at 3600 Dilido Road. Around 7 p.m., Dallas Police were dispatched to an accident involving a child struck by a vehicle. According to a neighbor who witnessed the situation, the parents performed CPR on their son, Kaden Rainwater, until emergency personnel arrived. He was transported to a Dallas area hospital where he died from his injuries. The driver remained at the scene after the crash and had a child in the vehicle with him. Officers suspected the driver was intoxicated and arrested him on DWI related offenses. Court records indicate that Miguel Martinez has three prior DWI convictions and has now been charged with Murder, DWI with 2 or more prior convictions, and DWI with a child under 15. He is being held in the Dallas County Jail on a $600,000 bond. A memorial service will be held for Kaden this weekend and a GoFundMe campaign has been created to help the family pay for funeral expenses.
Each time I hear a heart wrenching story of a young child killed by a drunk driver, I wonder why the system has failed. This is a crime that should never have happened because this driver reportedly had three prior DWI convictions and never should have been trusted on Texas roads again. I can’t help but wonder where the driver was drinking prior to the accident. Was it out at a bar or restaurant? Did he stop on the way home and buy alcohol that he drank while driving? Did he drink it at an event or someone’s home? We don’t yet know where the driver purchased or acquired the alcohol. Why does this matter? Well, in Texas, victims and their families can sue bad bars and alcohol providers when they sell to an obviously intoxicated person who then goes on to injure or kill themself or another person. For a victim’s family, suing a third-party party for their role in the death of a loved one can provide much needed financial relief to help pay for their expenses related to the crash. It can also help them to move forward knowing their claim may be the catalyst that stops a bad alcohol provider from committing future acts that could harm others. To be successful, evidence needs to be obtained and preserved before it disappears. Sometimes it can be difficult to focus on that task while grieving a loss so getting an experienced third-party involved who knows the process is often a first step for many families. They can help families deal with the legal process so that they can focus on what is most important.