Families of Times Square crash victims seeking justice

- Plans are in the works to file a lawsuit on behalf of two teenage girls who were mowed down by an out of control driver last month.

One of those girls is Alyssa Elsman, who was the only one killed in the attack.

Her dad spoke exclusively with Fox 5 after the tragedy and spoke of the heartbreak of losing his daughter.

Now, he said he hopes that by taking legal action and demanding changes, his little girl will not have died in vain.

Two families plan to sue the city and the NYPD.

That includes the family of 18-year-old Alyssa Elsman from Michigan, who said the city should have been aware of the risk for an attack like this and that more should have been done to protect pedestrians.

Victims of the Times Square crash are coming after the city, saying it did not do enough to protect innocent pedestrians from a disturbed man's rampage back in May.

Richard Rojas has been charged with murder in the death of 18-year-old Michigan woman Alyssa Elsman who was visiting New York with her mother and her younger sister-- who was also run over by Rojas’ car and was seriously hurt.

26-year-old Rojas was high on synthetic marijuana when he hopped a curb and mowed down a crowd of tourists in Times Square. 

Attorney Greg Sobo represents both the Elsman family as well as another victim of the attack, who has still been unable to return to work because of her injuries.

Since the crash, the city has added new concrete blocks and barricades in the area, and there has been talk about closing off that part of 7th avenue to traffic-- the same as other sections of Times Square, like Broadway-- cars have been off limits there for the last 8 years.

In a statement to Fox 5, the city's law department spokesperson writes, "This was a tragic incident and our hearts go out to the victims and their families. The city will review the notice of claim and respond accordingly."

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