The family of Ana Herrera Rodriguez filed a lawsuit Feb. 7 against San Diego Gas & Electric (SDG&E) regarding a fatal accident involving an SDG&E driver that took place Jan. 22, according to several local news outlets.

The accident killed Ana Herrera Rodriguez, who was walking across the street with her five-year-old daughter and four-year-old neighbor when they were struck. The two girls survived with injuries.

While the accident is still under investigation, police have cited inattention or distracted driving as the likely cause of the accident, but have not specified if it was cell phone use.

According to ABC10 News, the lawsuit alleges that SDG&E acted in negligence for supposedly failing to implement a cell phone ban policy for fleet drivers.

The utility company stated, as you'll view in the video report from NBC San Diego, "SDG&E continues to cooperate with the police on their investigation, which we understand is not concluded."