Suspected Drunk Driver with Child Passenger Kills Woman in Cape Coral Crash: Holding Negligent Drivers Accountable in Tyler, Texas

The Cape Coral Tragedy: What Happened and Why It Matters for Tyler Families

On the evening of February 24, 2026, a suspected drunk driver with a child passenger struck a pickup truck in Cape Coral, Florida, killing Debbie Stortzum and seriously injuring her husband, Chuck. The driver, Tyler Janson, showed no remorse after the crash—standing by as witnesses rushed to help, according to Cheryl Swick, a Cape Coral resident who witnessed the aftermath.

This wasn’t Janson’s first brush with the law. Just six days into probation from an August DUI arrest, he was nearly twice the legal limit when he crashed into the Stortzums’ truck. Police say he admitted to drinking and smoking marijuana after a night out on the beach. His probation explicitly prohibited him from drinking for six months.

Now, Mothers Against Drunk Driving (MADD) is calling this a preventable tragedy—one that could have been avoided if Janson had made better choices. But the legal fallout goes deeper. This case raises critical questions about probation enforcement, repeat offender accountability, and the devastating consequences of drunk driving—issues that hit close to home for Tyler, Texas families who share the same roads with impaired drivers every day.

At Attorney911, we’ve seen how drunk driving accidents shatter lives. Our managing partner, Ralph Manginello, has spent 25+ years fighting for victims of negligent drivers—including those injured by repeat offenders who should never have been behind the wheel. If you or a loved one has been hurt in a drunk driving crash in Tyler, Tyler County, or anywhere in Texas, you need an attorney who knows how to hold reckless drivers and their insurers accountable.

Call us now at 1-888-ATTY-911 for a free consultation. We answer 24/7.

Why This Case Should Alarm Every Tyler, Texas Driver

While this tragedy happened in Cape Coral, Florida, the same dangers exist right here in Tyler, Tyler County, and across Texas.

1. Drunk Driving Is a Persistent Threat on Texas Roads

Texas has one of the highest rates of drunk driving fatalities in the nation. According to the Texas Department of Transportation (TxDOT):

• 1,029 people were killed in drunk driving crashes in Texas in 2023.
• 25% of all traffic fatalities in Texas involve alcohol.
• Tyler and Smith County see their share of these crashes—especially on highways like US-69, Loop 323, and I-20, where late-night drivers mix with impaired motorists.

Ralph Manginello’s Take:

“Drunk drivers don’t just put themselves at risk—they turn every road into a potential death trap. In Tyler, we see too many families devastated by preventable crashes. The law allows victims to seek justice, but you need an attorney who knows how to fight for it.”

2. Repeat Offenders Slip Through the Cracks

Janson’s case is a textbook example of probation failure. Despite a prior DUI conviction, he was allowed to drive—and he violated his probation within days.

Texas has stricter penalties for repeat offenders, including:
– Felony charges for a third DUI
– Mandatory jail time
– Ignition interlock devices
– License suspension or revocation

But enforcement is inconsistent. Some judges are lenient, some probation officers don’t monitor compliance, and some offenders simply ignore the rules—just like Janson did.

What This Means for Tyler Victims:
If you’re hurt by a repeat offender, their prior convictions can be used as evidence of negligence per se—meaning the court can assume they were at fault. This makes your case stronger and easier to prove.

3. Drugged Driving Is on the Rise

Janson didn’t just drink—he admitted to smoking marijuana before driving. Drugged driving is a growing problem in Texas, especially with the rise of THC products and prescription drug misuse.

• Marijuana impairs reaction time, judgment, and coordination—just like alcohol.
• Prescription drugs (painkillers, sedatives, antidepressants) can also impair driving.
• Texas has a “per se” drugged driving law—if a driver has any detectable amount of certain drugs in their system, they can be charged with DUI.

Ralph Manginello’s Warning:

“Many drivers think marijuana or prescription drugs don’t impair them—but the science says otherwise. If a driver tests positive for drugs after a crash, we can use that to prove negligence. Don’t let an impaired driver off the hook because they weren’t ‘drunk’—drugged driving is just as dangerous.”

4. Child Endangerment Adds Another Layer of Liability

Janson had a child in the car when he crashed. This isn’t just morally reprehensible—it’s illegal and can strengthen a civil case.

Under Texas Penal Code § 22.041, leaving a child in a vehicle under dangerous conditions (including drunk driving) is a state jail felony. In a civil case, this can support claims for:
– Punitive damages (to punish the driver for reckless behavior)
– Emotional distress (for the child’s trauma)
– Negligent supervision (if the child was in someone else’s care)

If a drunk driver injures your child in Tyler, Texas, call us immediately at 1-888-ATTY-911. We’ll fight for maximum compensation for their medical bills, pain and suffering, and long-term care.

How This Case Compares to Landmark Drunk Driving Verdicts

Drunk driving cases often result in large verdicts and settlements—especially when the driver has a history of violations or egregious conduct. Here are some real cases that show what’s possible when victims fight back:

1. $20 Million Verdict – Repeat Offender in Florida (2021)

• Driver: Had multiple prior DUIs and was driving on a suspended license.
• Crash: Killed a mother and her two children in a head-on collision.
• Verdict: $20 million for the surviving family.
• Why It Matters: The driver’s history of reckless behavior led to punitive damages.

Relevance to This Case: Janson’s prior DUI and probation violation could support a punitive damages claim in the Stortzum family’s case.

2. $15 Million Settlement – Dram Shop Liability in Texas (2019)

• Driver: Was over-served at a bar before crashing into another car, killing a 19-year-old.
• Lawsuit: Family sued the bar for over-serving the driver.
• Settlement: $15 million (bar’s insurance policy).
• Why It Matters: Shows how third parties can be held liable.

Relevance to This Case: If Janson was served alcohol at a bar or restaurant before the crash, the Stortzum family could sue that establishment under Texas dram shop laws.

3. $10 Million Verdict – Drugged Driving in California (2020)

• Driver: Was high on marijuana when he ran a red light and killed a motorcyclist.
• Verdict: $10 million for the victim’s family.
• Why It Matters: Proves that drugged driving can lead to large verdicts.

Relevance to This Case: Janson admitted to smoking marijuana before the crash—this could strengthen a negligence claim against him.

4. $5 Million Settlement – Child Endangerment in Texas (2018)

• Driver: Had a child in the car when she crashed into a family, killing a father.
• Settlement: $5 million for the surviving family.
• Why It Matters: Child endangerment can increase damages.

Relevance to This Case: Janson had a child in the car—this could support punitive damages and emotional distress claims.

What to Do If You’re Hurt by a Drunk Driver in Tyler, Texas

If you or a loved one has been injured in a drunk driving crash in Tyler, Tyler County, or anywhere in Texas, follow these steps:

1. Call 911 Immediately

• Report the crash and request police and EMS.
• Tell the officer if you suspect the other driver is drunk—this creates an official record.

2. Seek Medical Attention—Even If You Feel Fine

• Adrenaline masks pain—you may have internal injuries, concussions, or whiplash that aren’t immediately apparent.
• Go to the ER or urgent care—this creates medical records that link your injuries to the crash.
• Follow your doctor’s orders—skipping treatment gives insurance companies ammunition to deny your claim.

3. Document Everything

• Take photos of:
• The crash scene (vehicle damage, skid marks, road conditions)
• Your injuries (bruises, cuts, swelling)
• The other driver’s license, insurance card, and license plate
• Get witness contact information—their statements can prove the other driver was drunk.
• Write down everything you remember—what the other driver said, how they were acting, whether they smelled like alcohol.

4. Do NOT Give a Recorded Statement to the Insurance Company

• Insurance adjusters are trained to minimize your claim.
• Anything you say can be used against you.
• Refer them to your attorney—let us handle the negotiations.

5. Call an Experienced Drunk Driving Accident Attorney

• We’ll send preservation letters to protect evidence before it’s destroyed.
• We’ll investigate all liable parties—not just the driver, but bars, employers, or probation officers who failed to act.
• We’ll fight for maximum compensation—including punitive damages if the driver’s conduct was especially reckless.

At Attorney911, we offer:
✅ Free consultations – No upfront cost, no obligation.
✅ No fee unless we win – You pay nothing unless we recover compensation for you.
✅ 24/7 availability – We answer calls day and night.
✅ Former insurance defense attorney on staff – We know how insurers try to lowball victims.

Call us now at 1-888-ATTY-911. The sooner you act, the stronger your case will be.

Frequently Asked Questions About Drunk Driving Accidents in Texas

1. Can I sue a drunk driver in Texas?

Yes. If a drunk driver injured you or killed a loved one, you can sue for:
– Medical expenses
– Lost wages
– Pain and suffering
– Wrongful death damages
– Punitive damages (if the driver’s conduct was especially reckless)

2. What if the drunk driver doesn’t have insurance?

If the at-fault driver is uninsured or underinsured, you can file a claim under your own UM/UIM (Uninsured/Underinsured Motorist) coverage. Texas law requires insurers to offer this coverage, but many drivers decline it—leaving themselves vulnerable.

Ralph Manginello’s Advice:

“Always carry UM/UIM coverage. It’s one of the most important protections you can have—and it’s often cheap. If you don’t have it, call your insurer today and add it.”

3. Can I sue a bar or restaurant for over-serving a drunk driver?

Yes. Under Texas dram shop laws, bars, restaurants, and liquor stores can be held liable if they:
– Served alcohol to a visibly intoxicated person, and
– That person caused a crash.

Example: If Janson was over-served at a bar before the Cape Coral crash, the Stortzum family could sue that bar.

4. What if the drunk driver was on probation?

If the driver was on probation for a prior DUI (like Janson), their probation officer or the court could be liable if they failed to monitor compliance. This is a complex legal issue, but an experienced attorney can investigate.

5. How long do I have to file a lawsuit?

• Personal injury claims: 2 years from the date of the crash.
• Wrongful death claims: 2 years from the date of death.
• Dram shop claims: 2 years from the date of the crash.

Don’t wait until the last minute. Evidence disappears, and insurance companies lowball early offers.

6. What if I was partially at fault?

Texas follows modified comparative negligence—meaning you can still recover damages as long as you’re not more than 50% at fault. Your compensation will be reduced by your percentage of fault.

Example: If you’re found 20% at fault, you can still recover 80% of your damages.

7. How much is my case worth?

Every case is different, but factors that increase value include:
– Severity of injuries (catastrophic injuries = higher value)
– Degree of the driver’s negligence (prior DUIs, probation violations, child endangerment = higher value)
– Available insurance coverage (drunk drivers often have high policy limits)
– Impact on your life (lost wages, pain and suffering, disability)

Ralph Manginello’s Insight:

“Insurance companies will offer you pennies on the dollar early on. They’re hoping you’ll take it before you realize the full extent of your injuries. Don’t fall for it—talk to an attorney first.”

8. Should I accept the insurance company’s first offer?

Almost never. The first offer is always a lowball—designed to pay you as little as possible. Once you accept, you waive your right to more compensation, even if your injuries get worse.

What to do instead:
1. Talk to an attorney—we’ll evaluate your case for free.
2. Get a full medical evaluation—some injuries take months to manifest.
3. Let us negotiate—we know how to maximize your settlement.

Final Thoughts: A Message to Tyler, Texas Families

Debbie Stortzum’s death was preventable. Tyler Janson’s choices were reckless. And the legal system failed to stop him before it was too late.

But justice isn’t just about punishment—it’s about accountability, compensation, and prevention. When drunk drivers are held fully responsible for their actions, it sends a message: This won’t be tolerated.

If you’ve been hurt by a drunk driver in Tyler, Tyler County, or anywhere in Texas, you have the right to fight back. You have the right to compensation. And you have the right to hold the negligent driver accountable.

At Attorney911, we’ve spent 25+ years fighting for victims like you. We know how to build strong cases, negotiate with insurers, and win in court. And we won’t stop until you get the justice you deserve.

Call us now at 1-888-ATTY-911. The consultation is free, the case evaluation is free, and you pay nothing unless we win.

Don’t let a drunk driver take more from you than they already have. Fight back—with Attorney911 on your side.

📺 Learn More About Your Rights After a Crash

Watch these Attorney911 videos to understand your legal options:

• What to Do After a Car Accident? – Essential steps to protect your case.
• Can I Sue for Being Hit by a Semi Truck? – Your rights after a drunk driving crash.
• What Should You Not Say to an Insurance Adjuster? – How insurers try to lowball victims.
• The Ultimate Guide to Brain Injury Lawsuits – If you or a loved one suffered a TBI.
• What Is Fair Compensation for Pain and Suffering? – How damages are calculated in Texas.

Attorney911 – Fighting for Tyler, Texas Families Since 1998.
We don’t just handle cases—we win them.