10:05 p.m. MST
With the help of truck accident Attorney Michael Leizerman, the family of a fallen Department of Public Safety officer is suing the truck driver that killed him.
The D.P.S Officer was 47-year-old Tim Huffman.
Leizerman is going after 33-year-old Jorge Espinoza and his employer, Evans Dedicated Systems.
Espinoza is charged with one count of second degree murder, thirteen counts of endangerment and seven counts of criminal damage.
May 6th, Espinoza plowed into Huffman's car, killing the officer immediately on Interstate 8.
Leizerman says there has been an increase in accident involving cell phone use, especially internet use.
Evidence in a shocking in-cab dash video reveals Espinoza looking at his cell phone when he rammed into Huffman.
The father and siblings of officer Huffman want to know how a truck driver could be a allowed to this.
Police say that Espinoza had been using the internet to look at quote several women in provocative positions, wearing little clothing.
Police also say, he had been looking at sexually explicit material even the day earlier.
The video evidence has been trending across social media worldwide.
It shows Espinoza intentionally trying to cover the dash camera with his wallet to hide what he was doing.