Southern State Parkway crash: Diana Kutateladze told police she drank whiskey before collision that killed Westbury couple

Southern State Parkway crash: Diana Kutateladze told police she drank whiskey be on Southern State Parkway in Westbury Nassau County Mar 18, 2026.

Updated Mar 18, 2026
CRITICAL INCIDENT
Road
Southern State Parkway
Town
Westbury
County
nassau County
Reported
Source
News Sources
📌Approximate area — Westbury centroid Open in Google Maps →

Map showing incident location at 40.6800, -73.4000 Incident location, Long Island

What Happened

Diana Kutateladze, a 36-year-old Oceanside woman, caused a fatal six-vehicle crash on the Southern State Parkway Sunday night that killed an elderly Westbury couple after she told police she drank whiskey before driving and ended up traveling west in the eastbound lanes, according to prosecutors. Donald Maxwell, 82, and his wife Liscent Barbara Maxwell, 88, were passengers in a 2016 Toyota Highlander when they died in the head-on collision with Kutateladze’s vehicle.

State police said the multi-vehicle crash involved 10 people total, including the Maxwells, Kutateladze, and her husband, who was critically injured in the collision. Prosecutors said Kutateladze was driving a 2020 Cadillac Escalade at 70 mph in the westbound lanes of the parkway when she sideswiped another vehicle west of Exit 17S, near Malverne. Her Escalade then spun out and launched over a metal guardrail into the eastbound lanes, where she crashed head-on into the Highlander carrying the Maxwells.

Kutateladze told police she drank a whiskey and Coke with her husband before driving, according to prosecutors. During a preliminary breath test, she recorded a 0.10% blood alcohol content, exceeding the legal limit of 0.08% for driving, prosecutors said. When police arrived at the scene, officers reported that Kutateladze had glassy eyes and the smell of alcohol on her breath.

The crash left the driver of the Highlander with a broken arm and pelvis, while Kutateladze’s husband, who was riding in the front passenger seat of the Escalade, was left intubated in the hospital with severe injuries including a brain bleed, a cervical spinal fracture, broken ribs, and two fractured femurs, prosecutors said. “Aside from the fatal head-on collision, this defendant’s reckless driving caused even further collisions and destruction on the Southern State Parkway,” Nassau Assistant District Attorney James Taglienti said.

Kutateladze appeared in a Hempstead courtroom Tuesday in a hospital gown and wheelchair for her arraignment, where she was charged with 10 counts, including eight felonies. The charges include aggravated vehicular homicide and two counts of vehicular manslaughter in connection with the deaths of the Maxwells. She pleaded not guilty to all charges and was ordered remanded without bail. Prior to the court appearance, she had been hospitalized Monday at Mount Sinai South Nassau in Oceanside.

“There are witnesses to the defendant’s intoxication, and she admitted to it,” Taglienti said during the court proceedings. “Also, due to the nature of the crash itself, it shows how reckless her driving was to end up on the wrong side of the parkway and crash head on into another vehicle.” Prosecutors asked Kutateladze to surrender her passport, noting she was born in Russia, though her court-appointed Legal Aid defense attorney said she has been a U.S. citizen for several decades.

Location & Road Context

The fatal collision occurred on the Southern State Parkway near Exit 17S in the Malverne area, a busy stretch of the major east-west highway that serves as a critical transportation artery across Long Island. This section of the parkway has been the site of 131 recorded incidents in traffic databases, with recent activity including multiple roadwork projects and overnight crack sealing operations that have impacted traffic flow in the area.

The parkway’s design in this section includes metal guardrails separating the eastbound and westbound lanes, which Kutateladze’s Escalade was able to launch over after spinning out from the initial sideswipe collision, according to prosecutors’ description of the crash sequence.

A large group of Maxwell family members attended Tuesday’s arraignment but did not speak to reporters after the proceedings. The case is currently awaiting grand jury action, and Kutateladze appeared at Nassau Criminal Court Wednesday in Mineola for a conference on her case, where she was transported while still recovering from her injuries sustained in the crash.

Kutateladze’s defense attorney provided background about her client during the court proceedings, noting that she has lived in Oceanside for six years and is the mother of four children, including 6-year-old twin boys, a 4-year-old daughter, and a 1-year-old. The attorney said Kutateladze received her Juris Doctor degree from Cardozo Law School last year and has worked as a paralegal for about 16 years, including doing pro bono work for several years at an immigration clinic. The defense emphasized that she has no prior criminal record and has close ties to the community, taking her children to school and a Jewish community center daily. If convicted on the charges, Kutateladze could face between 8 and 25 years in prison.

Broader Impact

The victims, Donald and Liscent Maxwell, were active leaders in the Pentecostal City Mission Church in Far Rockaway, with Liscent Maxwell having previously served as a chaplain for Episcopal Health Services in Far Rockaway. “A chaplain’s chaplain, she was compassionate, caring and exceptional. Her gentle presence brought comfort to many, and her legacy of faithful service endures,” Episcopal Health Pastor Asnel Valcin said in a statement about Liscent Maxwell’s community contributions. The case highlights the severe penalties under New York law for aggravated vehicular homicide, particularly when alcohol is involved and multiple fatalities occur, with potential sentences reaching up to 25 years for the most serious charges.

Topics

Southern State ParkwayWestburyNassau CountyNassau County accidentWestbury trafficWestbury accidentserious accidentLong Island accident todayLong Island traffic todayLong IslandNY

Frequently Asked Questions

What should I do if I'm in a car accident Southern State Parkway in Westbury?

Call 911 immediately if anyone is injured or if the vehicles can't be moved safely off the roadway. Stay at the scene — leaving the scene of an accident with injuries is a crime under New York Vehicle and Traffic Law §600. Exchange license, registration, and insurance information with every other driver involved. Take photographs of every vehicle, the position of the vehicles before they're moved, all license plates, the road surface, traffic signs, and any visible injuries. Get the names and phone numbers of every witness — police often won't capture bystander witnesses on their own. Seek medical attention within 24 hours even if you feel fine; soft-tissue injuries and concussions can take a day or two to present, and a delayed medical visit weakens an injury claim. NCPD generally responds to accidents on Nassau County roads outside of incorporated villages with their own police forces (e.g., Garden City, Freeport). For state highways (I-495 LIE, Northern State Parkway, Southern State Parkway, Meadowbrook Parkway, Wantagh Parkway), New York State Police Troop L responds.

How long do I have to file a no-fault claim in New York?

Thirty days. New York Insurance Law §5102 requires you to file a Personal Injury Protection (PIP/no-fault) application with the insurer of the vehicle you were in (or, if you were a pedestrian or cyclist, with the insurer of the striking vehicle) within 30 days of the accident. Missing the 30-day deadline can void your no-fault benefits — that's up to $50,000 in medical bills and 80% of lost wages (capped at $2,000/month) per injured person. The form is the NF-2 application; your insurance carrier provides it on request. New York no-fault is a true PIP system: it pays regardless of who caused the crash.

What counts as a "serious injury" under New York law?

Under Insurance Law §5102(d), a "serious injury" is one that meets at least one of these categories: (1) death; (2) dismemberment; (3) significant disfigurement; (4) a fracture; (5) loss of a fetus; (6) permanent loss of use of a body organ, member, function, or system; (7) permanent consequential limitation of use of a body organ or member; (8) significant limitation of use of a body function or system; or (9) a medically determined injury that prevents the injured person from performing substantially all daily activities for at least 90 of the first 180 days following the accident. Only injuries that meet one of these nine categories create the right to sue the at-fault driver for pain and suffering damages — short of that threshold, recovery is limited to no-fault PIP benefits. Disputes over whether an injury meets the threshold are the single most-litigated issue in NY motor-vehicle cases.

How long do I have to sue after a Long Island car accident?

Three years from the date of the accident for personal injury claims under CPLR §214(5). Wrongful death claims have a two-year deadline under EPTL §5-4.1. If a government entity is involved (a county vehicle, a road defect on a state highway, a defective traffic signal, a county bus), you must file a Notice of Claim within 90 days under General Municipal Law §50-e — that's a non-negotiable jurisdictional deadline, and missing it usually bars the claim entirely. Property-damage-only claims have the same three-year clock. The clock starts on the day of the accident, not the day you discover the full extent of an injury.

Can I still recover compensation if I was partly at fault?

Yes. New York is a pure comparative negligence state under CPLR §1411. Even if you were 90% at fault, you can still recover 10% of your damages. (A pending 2026 budget proposal would change this to a 51% bar — meaning a plaintiff who is more than 50% at fault would recover nothing — but that hasn't passed.) Insurance carriers routinely try to inflate the injured driver's percentage of fault to reduce payouts. The percentage assignment is decided by the jury at trial (or negotiated during settlement); it isn't fixed by the police accident report and isn't binding even when the report assigns fault. Reporting practice and the actual legal apportionment are separate questions.

Who can file a wrongful death claim in New York?

Under EPTL §5-4.1, only the personal representative (executor or administrator) of the deceased's estate can bring a wrongful death action — not the deceased's family directly. The estate is opened in Surrogate's Court of the county where the deceased lived. Damages flow to the spouse, children, parents, and other distributees defined under EPTL §4-1.1. Recoverable damages include loss of financial support, loss of parental guidance for surviving children, and conscious pre-death pain and suffering (recovered through a separate "survival action" under EPTL §11-3.2). New York is unusual in NOT allowing surviving family members to recover for their own emotional grief — only economic losses to the estate. The wrongful-death two-year statute of limitations is shorter than the three-year personal-injury statute, so the deadline is critical.

How do I get a copy of the police accident report?

If Nassau County Police Department (NCPD) responded to the scene, the report is filed under an MV-104A form. In New York State, you can request a copy through the DMV at https://dmv.ny.gov/vehicle-safety/get-copy-accident-report (roughly $7 online, $10 by mail) once the responding agency has uploaded it to the state system, which usually takes 5-10 business days. NCPD and SCPD also have their own direct-request processes through the precinct that responded. If you weren't injured but the property damage exceeded $1,000, New York VTL §605 requires you (the driver) to file your own MV-104 report with the DMV within 10 days regardless of whether police responded.

How dangerous is Southern State Parkway near Westbury?

Long Island Traffic tracks every reported incident on this road across both counties — see the road profile page for the multi-year accident count, severity distribution, and the specific intersections that show repeated incident clusters. Suffolk and Nassau county roads with chronic problems are reviewed by their respective DOTs on a multi-year cadence; persistent issues are sometimes addressed with new signal phasing, lane-narrowing treatments, or — in extreme cases — a Vision Zero engineering response. Daily incident updates flow into our live-events feed every fifteen minutes.

Disclaimer: Incident information on this page is compiled from public sources including police reports, traffic agencies, and news outlets. It is provided for informational purposes only and may not reflect the most current status of this incident. Do not rely on this information for legal, insurance, or emergency decisions. For emergencies, call 911.