The family involved in a crash with a deputy plans to sue the San Diego Sheriff’s Department for negligence.
A deputy crashed into the Auten family’s van on early Sunday morning on the West San Marcos Boulevard off-ramp from State Route 78.
The family on Wednesday told NBC 7 that they planned to file a lawsuit against the sheriff's department.
They were returning from a trip to Wyoming, with their three children in the van. The family says multiple law enforcement vehicles passed by them before their van was struck from the back by the deputy’s vehicle.
The deputy was racing to respond to a call, but the family said they viewed his rate of speed as negligent.
The San Diego Sheriff's Department has declined to comment on the potential litigation.
The youngest child, 10-year old Lexi Auten, was in the back of the van and was taken to the hospital for minor injuries.
The deputy and youth explorer riding with him were also treated at a hospital for minor injuries.
“We had luggage in the back and we feel that it protected our daughter,” said father Floyd Auten.
The family says the deputy has apologized, but the accident has left them with emotional scars.