(CBS) — The family of a young Naperville woman killed as she walked her dog Sunday evening is now taking legal action.

22-year-old Emily Driscoll was on her way back home with her rescued greyhound, Quincy. They’d been out for a walk and they were crossing at an intersection. A driver hit them and killed Emily and her dog.

“We are concerned that he was distracted, that he wasn’t paying attention to the roadway. We’re still trying to determine if he was drunk at the time.”

Grant Dixon is the attorney just retained by the family of Emily Driscoll.

“It just doesn’t seem to make sense that somebody would drive through a wide-open intersection that’s very clearly marked with lots of traffic lights, lots of indication that there are traffic lights. It’s a busy area but everybody knows what’s going on in this area.”

As we have been reporting, a source in law enforcement told WBBM the driver ran a red light.

Naperville police say they are still reviewing the case and have not filed any charges against the 74-year-old Plainfield man who was driving.

Attorney Dixon says Emily Driscoll’s family has filed some court papers to take the initial steps toward what may be a lawsuit against that driver. But he says no lawsuit’s been filed yet.