The family of a Portland man has filed a wrongful death lawsuit against the Oregon Department of Transportation.

Antonio Amaro Lopez, 57, was driving over the Interstate 205 bridge last February 14 when his car hit a patch of ice and swerved off of the bridge. Amaro Lopez’s body and Subaru SUV were located in the freezing river below the bridge three days later.

In the lawsuit, Amaro Lopez’s family claims that the Oregon Department of Transportation was negligent because Amaro Lopez’s vehicle fell off the south side of the bridge, the portion that the ODT maintains. The bridge was constructed in 1977 and has been maintained by both the ODT and the Washington State Department of Transportation.

Following the incident, a police investigation revealed that Amaro Lopez was traveling at the posted 55 MPH speed limit before his Subaru hit a 12-foot wide smooth and compacted patch of ice and snow. After striking the ice, his vehicle spun out of control, swerved onto the right side of the southbound lane which served as a bus lane, then drove up a snowbank that was located next to an outer railing. Reports indicate that the bank of snow rose above the railing.

In the lawsuit, Amaro Lopez’s family details that the snowbank was “man-made” by maintenance crews who had tended to the roads. After a snowstorm that hit the area, crews pushed the snow onto the edge of the bridge instead of clearing it in a safe manner. Because of this, the ODT “failed to clear the shoulder” which ultimately played a role in Amaro Lopez’s death according to the suit. By failing to clear the road, the suit points to negligence at the ODT.

The lawsuit also takes aim at the low railings that were used along the edge of the bridge. The railings measure 32 inches off of the ground, a height that is much lower than the typical 39-42 inch high railings found on similarly sized bridges. Reports indicate that the ODT has yet to respond to the pending suit.

An engineer who specializes in accident investigations and reconstructions shared with local news outlet KGW his thoughts on the tragedy. “This was entirely caused by improper plowing and maintenance of this bridge,” Larry Levine explained. “Everything they did made this bridge unsafe.”

Amaro Lopez was driving home from his Hazel Dell restaurant before the tragic incident. According to his daughter who is represented in the suit, Amaro Lopez started the restaurant with his brothers after moving to the U.S. from Morelos, Mexico.