Jaquelin Flores Charged With Manslaughter After Accident That Killed 64-Year-Old Valerie Keeney

According to a KSAT News report, a tragic accident earlier this month led to an arrest Wednesday.¹

The crash happened at around 11 a.m. Monday, August 3rd, at the intersection of Hardy Oak Boulevard and Sable Canyon.² Police arrived to find two injured drivers, with 64-year-old Valerie Keeney trapped in her vehicle. She was pronounced dead at the scene.

The other driver, now identified as 19-year-old Jaquelin Flores, was driving without a license and traveling at more than twice the posted speed limit, according to an arrest affidavit cited by KSAT. Data recovered from her vehicle’s airbag control module reportedly showed she was traveling 87 mph before the crash.¹

Flores was arrested and charged with manslaughter. She was released from the Bexar County Jail on a $100,000 bond the same day. Her next hearing is scheduled for November 10th.

Did You Know?

According to TxDOT crash data, 320 fatal crashes across Texas in 2024 involved at least one speeding driver.³

Can You Still File a Wrongful Death Claim If the Responsible Party Is Facing Criminal Charges?

When a loved one is killed in an accident and the other driver is arrested, families may understandably assume the criminal case will address everything that happened.

But a criminal prosecution and a wrongful death claim serve very different purposes.

Yes, an eligible family member may still be able to pursue a Texas wrongful death claim even when the person allegedly responsible is also facing criminal charges.

The two cases are separate, and the outcome of one does not necessarily determine the outcome of the other.

Criminal Charges and Wrongful Death Claims Have Different Goals

A criminal case is brought by the government to determine whether someone committed a crime and, if convicted, what punishment should follow.

A wrongful death claim is a civil case brought for the benefit of certain surviving family members. Under Texas law, a wrongful death action may arise when a person’s death is caused by another party’s wrongful act, neglect, carelessness, unskillfulness, or default.

Instead of deciding whether someone should be punished, the civil case focuses on whether another party was legally responsible for the death and what losses the surviving family suffered as a result.

That distinction can become especially important after fatal crashes involving allegations such as drunk driving, street racing, reckless driving, or extreme speeding.

How Criminal Proceedings Can Affect a Civil Wrongful Death Case

When both criminal and civil cases arise from the same fatal crash, they do not always move forward independently. In some situations, the civil case may be paused, or “stayed,” while the criminal case is ongoing.

This can happen for an important constitutional reason: the Fifth Amendment right against self-incrimination.

If a defendant in a civil case is also facing criminal charges, they may be required to choose between defending themselves in the civil case and potentially revealing information that could be used against them in the criminal prosecution. To avoid forcing that choice, courts sometimes temporarily halt the civil proceedings until the criminal matter is resolved.

This means that even though a family may be ready to pursue a wrongful death claim, the timing and progress of that case can be influenced by the status of the criminal prosecution.

You Don’t Have to Wait for a Criminal Conviction

Even when a civil case is stayed or delayed, families do not lose their right to pursue justice.

Texas generally requires lawsuits for injuries resulting in death to be brought within two years of the date the cause of action accrues, although exceptions can apply. Meanwhile, important crash evidence may disappear much sooner. Surveillance footage can be overwritten, witnesses can become harder to locate, and damaged vehicles may be repaired or destroyed.

An attorney can begin evaluating and preserving evidence for the civil case while criminal proceedings are still underway, even if the case is temporarily paused.

What If the Driver Isn’t Convicted?

A criminal acquittal or decision not to prosecute does not automatically prevent a family from pursuing a wrongful death claim.

Criminal and civil cases use different standards of proof. Prosecutors face the much higher burden required to obtain a criminal conviction, while civil liability is generally determined under the lower preponderance-of-the-evidence standard.

That means the same crash can potentially produce different outcomes in criminal and civil court.

An arrest or criminal charge also does not automatically prove that someone is liable for wrongful death. The civil claim must still be supported by its own evidence.

Can Evidence From the Criminal Investigation Help?

Potentially.

A serious fatal-crash investigation may generate evidence such as:

• Vehicle event or airbag control module data
• Toxicology results
• Surveillance or traffic-camera footage
• Witness statements
• Crash reconstruction findings
• Photographs and physical evidence from the scene

Some of that same evidence may become important when determining civil liability.

For example, vehicle data showing speed immediately before a collision may help investigators reconstruct how the crash occurred. But the evidence must still be evaluated in the context of the entire accident rather than treating the criminal charge itself as proof of fault.

Who Can File a Texas Wrongful Death Claim?

Texas law provides that a wrongful death action is for the exclusive benefit of the deceased person’s surviving spouse, children, and parents.

Depending on the circumstances, a wrongful death claim may seek compensation for losses such as:

• Lost earning capacity and financial support
• Loss of companionship and society
• Mental pain and anguish
• Loss of household services
• Other damages available under Texas law

Why Speak With a Lawyer When Criminal Charges Are Already Pending?

A prosecutor represents the State of Texas. They do not represent the victim’s family in a wrongful death claim.

Even when serious criminal charges are pending, prosecutors are not responsible for pursuing an insurance claim, calculating the family’s losses, filing a wrongful death lawsuit, or seeking civil compensation on the family’s behalf.

A wrongful death attorney can focus specifically on those issues while the criminal justice system addresses the criminal allegations.

For a grieving family, the important distinction is that the two processes do not have to replace one another. A criminal prosecution and a civil wrongful death claim can proceed separately from the same fatal crash, even if the civil case is temporarily stayed during the criminal proceedings.

Lost a Loved One in a Fatal Car Accident? Call Shaw.

When a fatal accident also results in criminal charges, the legal process can quickly become complicated. An experienced wrongful death attorney can investigate the civil side of the crash, preserve evidence, deal with insurance companies, and protect your family’s interests while the criminal case moves forward.

If your family lost someone because of another driver’s negligence or wrongful conduct, you could be entitled to compensation for:

• Loss of Financial Support
• Loss of Companionship
• Mental Pain and Anguish
• Loss of Household Services
• And More

We’ll help you find out for free.

Call Shaw today at 800-862-1260 to learn more about your legal options. There are no fees, no obligations, and no pressure—just straightforward legal guidance when you need it most.

We look forward to serving you.

 

 

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¹KSAT News Report

²Texas Accident and Injury News Accident Report

³TxDOT Crash Contributing Factors 2024