Family Sues Driver Who Struck, Killed Woman And Dog In Naperville

CHICAGO (CBS) -- The family of a woman struck and killed by a driver who allegedly ran a red light has filed a wrongful death lawsuit.

Emily Driscoll, 22, and her dog were crossing Rickert Drive at Brook Road in Naperville on Nov. 9, 2014, when 74-year-old Kenneth Holmberg -- who was driving east on Rickert – allegedly ran the red light at Brook, and hit them in the crosswalk.

So far, Holmberg has only been issued a traffic citation for disobeying a traffic light, and not exercising due care to avoid an accident. Driscoll's attorney, G. Grant Dixon III, said Driscoll's family is filing a lawsuit, because they believe Holmberg should face more serious charges, and might be a danger to others.

"Certainly, the facts of the case lead us to believe that something more was going on here. While accidents certainly do happen, if somebody is obeying the rules of the road, and doing what they're supposed to do, they don't cruise through an intersection against a red light, particularly one that's wide open and well-marked like this one was," he said.

A couple weeks after Driscoll was killed, Dixon said the family was concerned Homberg might have been distracted, and not paying attention to the road.

Dixon said the family wants to make sure no one else has to go through what they have.