Family pushes for drug/alcohol testing after fatal accidents

Jim Dolan reports from the Bronx.
December 17, 2013 8:26:13 PM PST
A son is speaking out about the death of his mother who was struck and killed by a teenage driver while crossing the street.

That driver has never been charged in the case.

The victim's sons are pushing to change the law to require police to do more at deadly accident scenes.

Maria Lucaj cleaned houses to put her three sons, two of whom are now doctors, through school. For her, family was everything.

"She became the sole provider for this family. She was constantly working. She would go out at 7 in the morning and wouldn't come back until 7 at night," said Martin Lucaj, the victim's son.

It was November 27, and Mrs. Lucaj was on her way home from cleaning apartments in Manhattan and was ecstatic.

"We were going to be together. She loved the fact that Thanksgiving was going to bring all of us here. She loved the fact that Christmas was going to put us with my brother and her grandson, ," Lucaj said.

But Mrs. Lucaj didn't make Thanksgiving dinner or Christmas with her grandson. On November 27th, she was struck and killed by a car driven by 19-year-old Ashley Davios.

"You just think to yourself how did that happen to my mom?" Lucaj said.

The driver, Ms. Davios was not charged with any crime. She stayed at the scene and answered all the police questions.

"In cases this severe where someone's life is taken, I believe that there should be some kind of protocol," Lucaj said.

The family is hoping the state legislature will pass something like Ruby's Law, named for Ruby Baum who was struck and killed in Manhattan by an out-of-control driver who also was not tested for drugs.

"I think Ruby's Law is extremely important, besides the alcohol factor, if you are testing for the alcohol, why not test if drugs were involved," Lucaj said.

Eyewitness News went to the address for Ms. Davios but no one came to the door. Again, she has not been charged with any crime in relation to the accident.

The family has a lot of questions but they are questions that will go unanswered, and they say Ms. Davios has never offered her condolences and they have never spoken to her.