A lawsuit was filed after a crash on I-10 killed a mother and her two sons, blaming the truck driver for negligence.
SAN ANTONIO — A wrongful death lawsuit was filed Thursday in Bexar County following a deadly crash on Interstate 10 that killed a 23-year-old mother and her two little boys. The wreck happened Oct. 27 on I-10 West near Comfort, where investigators say a stalled pickup truck was rear-ended by an 18-wheeler.
The crash claimed the lives of Giselle Cristobal, 23; her 4-year-old son, Angel; and her 3-year-old son, Raul, known to family as “Fat Boy.” Loved ones say it’s possible Giselle was also early in pregnancy.
The lawsuit was filed on behalf of baby Raul’s father, Raul Cristobal, by attorneys Marco Crawford and Joseph Fierros. It accuses the commercial truck driver—identified by DPS as 62-year-old Jose Cuéllar Alvarez—of failing to control his speed and failing to keep a proper lookout. Crawford called the loss “unimaginable” and said his team intends to hold the responsible parties fully accountable.
Giselle’s family says the crash happened around 3:20 p.m. Giselle was driving her boyfriend’s sister and her daughter to a last-minute medical appointment in Kerrville. Her sons—Angel and Raul—were buckled in the backseat. Her family said helping others was routine for Giselle; she often cared for others’ children before she even had her own.
The family said the GMC Sierra she was driving stalled in the right shoulder of the highway.
“She put gas. The vehicle just stalled out,” said her brother, Brandon Espinoza.
DPS confirmed the pickup stalled on the roadway.
“There’s not really much of an emergency lane,” said Giselle’s mother, Lisa Espinoza. “It’s like a bridge and underneath it is an exit that curves to go to the Love’s gas station.”
Giselle managed to pull over and stepped out of the vehicle. Moments later, an 18-wheeler crashed into the back of the stalled truck.
“That 18-wheeler was going full speed, fully loaded and rear-ended them,” Brandon said. Dashcam video from a second trucker behind the semi has been turned over to investigators, he added.
The force of the crash was devastating.
“She was thrown 40 feet from the actual impact,” Brandon said. DPS said the semi driver stopped after the collision, and investigators have not yet determined whether any charges will be filed.
Brandon said he grew concerned when he hadn’t heard from his sister that evening.
“I saw her contact picture, and right behind her it was a big stretch of red traffic,” he said. “That’s when I realized something was wrong.”
Lisa said the family struggled to get information from hospitals as they tried to locate her.
“They didn’t want to tell us what happened over the phone,” she said. “We already had information on the other young lady. She was in the ICU. I was like, ‘OK, what about Giselle?’”
When she learned the truth, she screamed at the top of her lungs.
“When they told me I just started screaming,” Lisa said. “‘Giselle, you took your boys too?’”
Both Brandon and Lisa said they believe the crash was preventable.
“It’s a clear stretch—straight road. No curves. I believe it was 100% avoidable,” Brandon said. Lisa also questioned why the semi driver didn’t move over. “Common courtesy—we all know you’re supposed to move over to the next lane. What happened that he wasn’t able to do that?”
Brandon said the crash “took three innocent lives.”
The family described Giselle as sassy, energetic and impossible to miss when she walked into a room. She FaceTimed her mother daily.
Lisa said her daughter’s greatest joy was motherhood.
“Giselle’s number one job was being a mom. That was her favorite thing to do—be a mom every day,” Brandon added. The boys rarely left her side. “You tried to pull them off her and they were clinging to her like a little sloth,” said Lisa.
“Mommy’s boys,” said Brandon, smiling.
Lisa said Giselle poured everything into her children.
“I think she was trying to give them something I couldn’t, because unfortunately I was always having to work two jobs,” she said. She added that her daughter didn’t realize how loved she was. “Without her, we wouldn’t have what we have left: the memories, the pictures. I’m looking at them all and I’m just cherishing every single one.”
The boys’ toys still sit in the family’s living room. Lisa said what lies ahead feels unbearable.
“The worst hasn’t even come yet. That will be the day we have to see them in their caskets.”
The family says all three will be buried together.
Two other passengers in the truck survived and are expected to recover.
DPS says the investigation remains active, and anyone with information or dashcam footage is asked to contact Marco Crawford Law, PLLC at 210-756-5400.