The family of an avid cyclist who was killed in an accident  filed a wrongful death lawsuit with the Hidalgo County Clerk’s Office against the driver of the vehicle that fatally struck her.

The civil lawsuit alleges that driver Samuel Molina engaged “in certain acts and/or omissions which constitute negligence” on the morning of Feb. 19, 2018, when he “carelessly and violently struck” 32-year-old Melissa Robles. These allegations include driving while distracted, driving at an unsafe speed and failing to yield the right-of-way to a bicyclist, among others.

The collision occurred in the 1600 block of South Second Street at approximately 5 a.m.

The goal of the lawsuit, according to the Robles family, is not to recover monetary damages but to seek answers from Molina and raise awareness about the dangers of distracted driving.

“We’re at a point where we have a lot of questions and no answers,” said Samuel Robles Jr., the brother of the victim who was riding with her at the time of the collision. “Unfortunately, this is the last option we have in terms of getting some of these questions answered and getting details.”

The McAllen Police Department completed its investigation into the collision and sent the case to the Hidalgo County District Attorney’s Office on April 12 for prosecutorial consideration, according to police spokesman Lt. Joel Morales.

Molina has thus far not been charged in the incident, and the family cannot access information from law enforcement, such as investigation reports, due to the case being an open criminal investigation.

The DA’s office is awaiting results of blood samples and toxicology reports to see if Molina had any drugs or alcohol in his system at the time of the accident, District Attorney Ricardo Rodriguez said.

If you or a loved one have been involved in an accident involving a distracted driver call Alex R. Hernandez Jr. PLLC first.

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