Families file lawsuit against dump truck driver in deadly crash

TAMPA, Fla. - August 5 is a nightmare that's stuck on replay for the Gaspard family

What started as a trip to pick up school supplies for Fritzy Gaspard's daughters took an unthinkable turn. A dump truck failed to stop for traffic on I-75, crashing into the back end of her car and killing her two-month-old son, Asher.

"I hear a loud boom, it hit the car, and then we spun around and the girls were screaming," she recalled.

It's been nearly a month since the accident, but the family is still no closer to learning what caused the crash and why the driver of the dump truck failed to stop.　

"How does this happen in that area? Knowing that that area is heavily constructed all the time, heavily congested all the time," said Reginald Gaspard, Asher's father.

The family is frustrated.

"Right now everything just doesn't make sense, it's just very confusing," Reginald said. "We're just stuck here without him and without answers."

The Gaspards are now taking matters into their own hands. Asher's parents have officially filed a lawsuit against the 74-year-old driver of the dump truck and S&S Site Prep, the dump truck company.　

"This lawsuit seeks answers, accountability, and justice for this family," said Charles Spinner, the family's attorney.

But the Gaspards aren't alone. David Garcia, a husband and father of three, was also killed in the crash. His wife has filed a similar lawsuit against the company and the driver.

In a statement to FOX 13, Garcia's wife said:

"The nature of my husband's death is far too tragic as he was not even given a chance to fight for his life. The ability was taken from him. This reckless, senseless act has caused great devastation and pain for myself, our beautiful children, and our families. David was a beautiful soul who had so much more to give to this world, and especially to his children."

The families say both lives were taken far too soon.

"He was starting to smile and coo and just starting to move his arms around and recognizing his sisters," said Asher's mother between tears.

For the families, the pain may never go away. However, they're now ready to start fighting for closure.

"There's still going to be an emptiness there, but the answers always help," said Reginald.

S&S Site Prep previously told FOX 13 they have no comment when asked for a statement.

Florida Highway Patrol is still investigating the crash. Charges against the driver are pending.