Christina Wheeler remembers the chain of events, as a tow truck smashed into the side of the car she and her fiancé, Sandy Harmon, were in. "The car weaved over to our lane, and then went on the grass and went straight for us, and hit us and pushed us over to the tow truck, and that's how we got hit," Wheeler explained.

The driver of the truck that lost the tarp did not stop at the scene.

Sandy Harmon, 23, died from injuries suffered in the crash. Christina survived the accident, but her 5-year-old son Austin was severely injured, suffering brain damage and leg injuries. Harmon's mother says it's all because of an crash believes could have been avoided.

"I think it's kind of an unfortunate chain of events sparked by a truck driver who improperly secured his load, or didn't take time to put the tarp on correctly," Laraine Harmon said.

Christina added, "I know it wasn't intentional, but it certainly happened, and they need to take responsibility for it."

After analyzing the tarp, Harmon's family learned it came from the Osterkamp Trucking Company of Pomona, California. The lawsuit claims one of the company's truck driver is negligent for not securing the tarp to his truck. Calls to Osterkamp Trucking were not returned Monday evening.

"I want his family taken care of," Laraine Harmon explained. "I think that's a reasonable request, considering Austin's condition, it's going to take a lot of care for the rest of his life."

Sandy Harmon used to drive trucks himself. His family owns the Harmony Trucking Company, based in Tacoma, and from years of experience of driving trucks, they are confident this accident shouldn't have happened.

"Personally, I would say they should come forward," Tom Harmon said. "And I would say I would have come forward if I'd caused an accident like that."

The Harmon family is planning a benefit concert for their son this coming Sunday at a place called The Swiss, in Tacoma. Money raised will go toward helping Sandy Harmon's fiancé, Christina Wheeler and her kids.