The family of Martin Okeke claims Summer Wheaton was "severely intoxicated and impaired" at the time of the collision.
The crash happened after Wheaton left an exclusive event at Nobu restaurant attended by hundreds of guests known as the white party.
According to sheriff's department officials, a white Mercedes-Benz driven by Wheaton crossed the center median on Pacific Coast Highway and collided with Okeke's vehicle heading in the opposite direction.
Okeke died at the scene.
Wheaton, who has more than 100,000 followers on Instagram, broke her silence for the first time this week, promoting a journal she created.
City officials said they had denied Nobu a temporary use permit to hold the event because the owners did not comply with conditions related to traffic and safety, but the restaurant did not cancel the party.
READ MORE | Social media influencer involved in fatal Malibu crash on PCH, sheriff's department says
Social media influencer involved in fatal Malibu crash on PCH, sheriff's department says
Malibu residents have been fighting for safety improvements following numerous deadly crashes along PCH, including a collision that killed four Pepperdine University students last October.