The Chicago Sun-Times reports that Joshua Molina, 21, and wife Amy Alanis, 20, have filed a wrongful death lawsuit against the alleged driver of a vehicle that slammed into their car; killing the couple's 13-month-old son and two family friends.
Chicago accident attorney Tim Cavanagh, representing Molina and Alanis, told reporters that his clients still are in too much shock over the Feb. 1 crash. But he spoke to reporters on their behalf:
"This is way beyond a simple, ordinary mistake. This is what we call reckless conduct, defined as conscious disregard for the safety of others. This guy had no regard for the safety of others - particularly these guys in the back seat."
Those are the claims Cavanagh's clients have made against the unnamed defendant, who faces no criminal charges. The Cook County State's Attorney's office is still reviewing the case, according to the Sun-Times.
Cavanagh told reporters that the young family and their friends had just stopped at McDonald's for a snack, and were driving on westbound Parker at Cicero when another car traveling northbound on Cicero ran into their Honda Civic. The defendant was going 80 to 90 mph, according to witnesses cited by the attorney, fast enough to allegedly knock the baby from his child safety seat and into a rear window.
The condition of the driver who allegedly plowed into them (i.e. BAC) is unknown, but Molina has requested toxicology test results.
Molina and Alanis are suing for wrongful death and other, unspecified injuries. They are seeking damages in excess of $50,000.
Related Resources:
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Wrongful Death FAQ (FindLaw)
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Working With an Attorney Following a Car Accident (FindLaw KnowledgeBase)
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Directory of Chicago Injury Lawyers (FindLaw)
