A woman whose husband and 3-year-old son were killed filed a civil lawsuit Wednesday against the driver accused of hitting the family November 29, 2012, while they were walking along the sidewalk on Foster Road.

Kristie Vergara said she is suing Latonshia Lee-Alexander, the driver of the vehicle, and is seeking money for medical expenses and pain and suffering, among other damages.

Vergara was walking with her husband, Jose Beltran, and their two sons when Bexar County Sheriff’s investigators said Lee-Alexander lost control of her vehicle, jumped a curb, hit a pole and then hit the family.

Investigators said they are looking into whether Lee-Alexander was distracted by her cell phone prior to the crash.

"I remember how scared I was and how shocked I was," said Vergara, as tears streamed down her cheeks. "I remember the last words I said to my husband and I remember my son’s face."

Vergara, who is pregnant, also was injured in the accident, along with her older son.

No charges have been filed against Lee-Alexander, who declined KSAT's request for an interview.

While the lawsuit is seeking an unspecified amount money, Vergara said she hopes it can help make all cell phone use while driving illegal.

"How many deaths or accidents have to happen before they change the law over here like that?" asked Vergara.

Vergara and her family moved to Texas from California eight days before the accident. Texting while driving and using any handheld cellular device while driving is illegal in California.

"If she doesn’t get her day in court in a criminal arena, she's going to get her day in court in a civil arena," said Fernando Trevino, the family’s attorney.

While Vergara waits for that day, she hopes others will keep their eyes on the road.

"They think that nothing's going to happen to them," said Vergara. "You never know. You never know."

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