Fatal Delaware Route 1 crash survivor to file civil suit against truck driver, his employer

Rodrigo Torrejon | NorthJersey

Show Caption Hide Caption Father and his four daughters killed in a crash Daniel Trinidad’s brother Audie Trinidad, was killed in an automobile accident along with his (Audie's) daughters Kaitlyn, Danna, Allison and Melissa.

Correction: The story was updated to correct the headline to indicate that the mother plans to file a lawsuit.

SADDLE BROOK, NJ — Three weeks after a devastating car crash on Delaware Route 1 killed her family, the lone survivor announced Friday she will file a civil suit against the driver and his company, Aledak Metalworks, of New Market, Maryland.

At a press conference at Kessler Rehabilitation Center, Mary Rose Ballocanag, 53, and her lawyer announced plans to sue Alvin S. Hubbard III, the driver of the Ford F-350 that collided with her minivan, killing her husband, Audie Trinidad, and their four daughters, said Diane Lucianna, Ballocanag's attorney.

As Ballocanag recovers, she hopes to remind investigators that she demands justice for her family, Lucianna said.

"We want to keep them working on this and thinking about this and on top of this because my clients are out of state," Lucianna said. "They don't want to be forgotten."

No charges have been filed against Hubbard, Lucianna said. And the investigation is expected to take months, according to officials from the Delaware State Police and Attorney General's Office.

But the Trinidad family does not want to be forgotten, she said.

"The man's walking free and her whole family is being buried," Lucianna said. "We want to see this man criminally charged for this horrendous crime."

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On July 6, the Trinidad family were on their way back from Ocean City, Maryland, one of their traditional family trips. The oldest daughter, Kaitlyn, 20, who everyone knew as Nikki, was back home from the College of Mount Saint Vincent for the summer. The second-oldest, Danna, 17, and 13-year-old twins Allison and Melissa were also on summer break, looking forward to their vacation.

That afternoon, the family sent Danny Trinidad, Audie's brother, a photo of their last lunch while on vacation, a final meal before they came back to their Teaneck home on a quiet, tree-lined street in town.

BACKGROUND

4 children, 1 adult from New Jersey family killed in Del. 1 crash

Off-duty firefighter witnessed Del. 1 crash that killed 5 family members

More than $250,000 donated for Trinidad family in fatal Delaware Route 1 crash

Investigation of deadly Delaware Route 1 crash involving Trinidad family may take months

But what was supposed to be a break from the day-to-day routine became a horrific tragedy. That day, Hubbard veered across the grassy median on Del. 1, crashing his Ford F-350 into the Trinidad family's minivan.

The crash killed all but Mary Rose.

Her husband's head slumped over on her chest, Balloconag recalled. She looked back at her four daughters and realized they had been killed, she told Danny Trinidad.

In the weeks since, the outpouring of support has not wavered. A vigil was held at Votee Park, with friends and neighbors lighting candles and leaving mementos. A GoFundMe for the family has raised $280,403 as of Friday.

The family also plans to look into the safety standards of the stretch of Del. 1 where the Trinidad family died, Lucianna said. Just three months prior to the fatal accident, the Delaware Department of Transporation approved the installation of a cable guardrail along that same section of the highway.

Exactly 25 years before the accident, two teenagers were killed when their car veered across the grass median of Del. 1, colliding with a car, 18 miles north of where the Trinidad family lost their lives.

State to install safety barriers at crash site where 5 members of Teaneck family died

Lawmakers like cable barrier along Delaware Route 1 fatal crash site, but want safety data

"There had been several serious accidents," Lucianna said. "We're going to investigate if there's going to be a case against the Delaware DOT."

The road to recovery for Ballocanag is long and only begins when she gets back on her feet, Danny Trinidad said. On Tuesday, Ballocanag was cleared by doctors to come back to North Jersey, after six surgeries and complications kept her bedridden at Christiana Hospital, in Wilmington.

Funeral services for her husband and daughters will not be set until she can move around in a wheelchair, Trinidad said. No services can go on without her, he said.