The family of a 4-year-old girl has filed suit against a San Diego Gas & Electric truck driver claiming that he was driving while talking on a cellular phone when she was hit.

Jaslene Arias was crossing in a crosswalk on Cottonwood Street with another girl and her mother, Ana Herrera Rodriguez, when they were struck on January 22nd. The mother, 39, was killed and both girls were severely injured.

The family is asking for damages to be determined at trial.

The suit, Filed on February 7th in San Diego Superior Court, alleges the driver, John Lewis, was negligent by talking on a cellphone while driving. The suit also claims that San Diego Gas & Electric was negligent in enforcing its policy against cellphone use.

San Diego police say their investigation determined the driver was distracted and therefore at fault.

California State law makes it illegal to talk on a handheld cellphone while driving.

We can only do so much to keep our families as safe as possible. Knowing your rights is essential and when tragedy strikes, there is no time to delay.

You must protect your rights after an pedestrian injury accident. If you’re in the San Diego area, contact Steven Elia for an immediate consultation after your collision. No one should be penalized for an accident that was caused by the negligence of another driver. Steven will work with you to ensure that your case is handled properly and with the utmost care.

Steven Elia
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