Jiahan Wu, who was 23 months at the time, was playing in the parking lot of her apartments when she was hit by the van.
IRVINE, Calif. (KABC) -- More than seven months after 23-month-old Jiahan Wu was struck and killed outside of her Irvine home by an Amazon delivery truck, her family is taking legal action.
The Wu family has filed a wrongful death lawsuit against Amazon and other parties they believe are responsible for the child's death.
"This happened in front of her mother and her 10-year-old brother," said Michael Alder with AlderLaw, who is representing the family.
He said Amazon, Amazon Logistics, which hires third-party delivery companies, Bamboo Couriers - the independent company making deliveries on behalf of Amazon - the 18-year-old driver, Julio Cesar Cruz, and the Irvine Company, which manages the Estancia Apartment Homes where the incident took place, should be held accountable.
Jiahan was playing in the parking lot of the apartments when she was hit by the van. Alder said Cruz was on his phone when he ran over the little girl.
"Amazon has a video and showed it to us but would not provide it unless it was sealed, protective and confidential," Alder said.
The lawsuit said Cruz was unfit and incompetent to safely drive the van.
The family is suing for wrongful death, negligent hiring, training, retention and supervision, negligent entrustment, infliction of emotional distress and premises liability.
However, Alder said Amazon denies any responsibility because the van belongs to Bamboo Couriers and Cruz worked for them.
"Amazon will not release any information without a protective order and confidentiality agreement so that the public does not know that this is going on," Alder said.
In a statement Amazon extends their deepest condolences to the family, but added the company does not comment on active litigation.