Malibu Crash: Influencer Charged in Deadly Wreck, Wrongful Death Suit Filed

The scenic Pacific Coast Highway in Malibu, known for its breathtaking views, has unfortunately also become synonymous with tragic accidents. In a recent incident that has garnered significant media attention, a social media influencer is facing serious charges following a fatal car crash. This case, involving allegations of driving under the influence and a subsequent wrongful death lawsuit, highlights the devastating consequences of impaired driving and the legal complexities that can arise.

The Incident

On July 4, 2024, a head-on collision occurred on Pacific Coast Highway (PCH) in Malibu, just west of Carbon Canyon, a mile from Nobu Malibu. Summer Wheaton, a social media influencer with over 100,000 followers on Instagram, was driving a 2019 Mercedes-Benz eastbound when she crossed the center median and collided with a 2020 Cadillac driven by Martin Okeke, a 44-year-old ride-share driver. Okeke was pronounced dead at the scene. Wheaton and a passenger in Okeke’s car were hospitalized with non-life-threatening injuries. The crash shut down PCH for approximately 12 hours.

The Charges

Following a months-long investigation, Summer Wheaton was arrested and booked on charges of gross vehicular manslaughter while intoxicated, driving under the influence (DUI) causing bodily injury, and driving with a blood alcohol content (BAC) of 0.08% or higher causing bodily injury. She surrendered to the Los Angeles County Sheriff’s Department after a warrant was issued for her arrest. She was later released on a $230,000 bond. On March 17, 2025, Wheaton pleaded not guilty to all charges at her arraignment. The court ordered her to enroll in the SCRAM (secure continuous remote alcohol monitor) program, which involves wearing an ankle bracelet that tests for alcohol every 30 minutes.

If convicted of gross vehicular manslaughter while intoxicated, Wheaton could face up to 10 years in prison.

The Wrongful Death Lawsuit

In December 2024, Martin Okeke’s family filed a wrongful death lawsuit against Summer Wheaton, alleging that she was “severely intoxicated and impaired” at the time of the crash. The lawsuit also names Nobu Malibu, The Hwood Group LLC, and DBDJ LLC as defendants, claiming that Wheaton was hired to attend a party at Nobu and was “expected to consume intoxicants.” The family is seeking unspecified damages.

Understanding Wrongful Death Lawsuits in California

A wrongful death lawsuit is a civil action brought by the surviving family members of a person who died due to the negligence or misconduct of another party. In California, certain individuals are eligible to file a wrongful death claim, including:

The deceased’s surviving spouse or domestic partner
Surviving children (biological, adopted, or stepchildren)
The children of the deceased’s deceased children
Dependent minor children who resided with the deceased
Parents financially reliant on their child

To succeed in a wrongful death lawsuit in California, the plaintiff must prove the following four elements:

Duty of Care: The defendant owed a duty of care to the deceased. This means the defendant had a legal obligation to act reasonably to avoid causing harm to the deceased.
Breach of Duty: The defendant breached their duty of care by acting negligently or wrongfully.
Causation: The defendant’s breach of duty directly caused the deceased’s death.
Damages: The deceased’s death resulted in quantifiable damages to the surviving family members.

Damages in a wrongful death case can include:

Economic damages (medical expenses, funeral and burial costs, loss of income)
Non-economic damages (loss of companionship, emotional distress)
Punitive damages (in cases of particularly egregious conduct)

In DUI-related wrongful death cases, a DUI conviction can serve as strong evidence of negligence, simplifying the victim’s ability to prove fault under the legal concept of “negligence per se.”

DUI Laws and Penalties in California

Driving under the influence of alcohol or drugs is a serious offense in California, with significant criminal and administrative penalties.

Criminal Penalties:

First DUI: Fines ranging from $390 to $1,000, 48 hours to 6 months in jail, a 3-9 month alcohol/drug program, and a 6-10 month driver’s license suspension.
Second DUI: Fines ranging from $390 to $1,000, 90 days to 1 year in jail, an 18-30 month alcohol/drug program, and a 2-year driver’s license suspension.
Third DUI: Fines ranging from $390 to $1,000, 120 days to 1 year in jail, an 18-30 month alcohol/drug program, and a 3-year driver’s license revocation.
Fourth DUI: Can be charged as a misdemeanor or a felony, with penalties including jail or prison time, significant fines, a 30-month alcohol/drug program, and a 4-year driver’s license revocation.

Administrative Penalties (DMV):

The California Department of Motor Vehicles (DMV) also imposes administrative penalties for DUI offenses, separate from the criminal court proceedings. These penalties can include license suspension or revocation.

Liability in DUI Accidents

In California, determining liability for a DUI accident involves establishing the following elements:

Duty of Care: The driver had a duty to operate their vehicle safely.
Breach: The driver failed to drive safely due to intoxication.
Causation: The driver’s impaired driving directly caused the accident.
Damages: The accident resulted in injuries and losses.

California is an “at-fault” state, meaning that the party responsible for the accident is liable for the damages. In DUI cases, the drunk driver is typically held liable. However, other parties may also be held responsible in certain situations. For example, if a bar or restaurant over-served a minor who then caused a DUI accident, the establishment could be held liable under certain exceptions to California’s Dram Shop Act.

Seeking Legal Assistance

DUI accidents and wrongful death cases are complex legal matters that require the expertise of experienced attorneys. If you or a loved one has been involved in a DUI accident, it is crucial to seek legal assistance as soon as possible. A skilled personal injury attorney can help you understand your rights, navigate the legal process, and pursue the compensation you deserve.

Conclusion

The Malibu crash involving a social media influencer, the resulting charges, and the wrongful death lawsuit serve as a stark reminder of the dangers of drunk driving and the devastating consequences it can have on individuals and families. This case underscores the importance of responsible decision-making, the need for strict enforcement of DUI laws, and the right of victims to seek justice and compensation for their losses.