DALLAS -- The family of a woman who was killed after a concrete truck landed on top of her sport utility vehicle on John Carpenter Freeway in Dallas filed a lawsuit Friday.

The fatal collision happened during rush hour on April 11, 2008 after the concrete truck lost control and flipped over the median and landed on a SUV traveling in the opposite direction.

Firefighters arrived at the scene and worked for nearly an hour to extricate 5-year-old Angelica Gamez, who was trapped beneath the concrete truck loaded with 50,000 pounds of wet concrete, NBC 5 reported. Her mother, 41-year-old Maria Gamez, died at the scene.

"This was really a tragedy that should have been avoided and shouldn't have happened," said Mark Werbner, the family's lawyer.

The family's lawsuit claims the truck driver Edward Magallon, 31, should never have been behind the wheel because he has a poor driving record, including a DWI from 10 years ago.

Texas Industries, the company that owns the truck, said Magallon was properly licensed and certified. While Magallon told police someone cut him off, the family's lawsuit blames Magallon for tailgating.

"The man was just rushing to get this concrete to a job site," Werbnersaid.

TXI is a very large company with concrete trucks running all around North Texas and the company's lawyer said it has never had an unsatisfactory compliance review and has a very good record.

However, Werbner disputes that fact.

"TXI has had problems following all the safety regulations," he said. "Obviously there's something wrong with their fleet and their drivers when on a clear Friday afternoon they have a giant truck like this hopping over a busy freeway."

NBC 5 was unable to reach the truck driver for comment.