09/21/2012 01:50 pm ET

Jaclyn Santos-Sacramento Death Lawsuit: Family Says Carly Rousso Hit 5-Year-Old Twice

The family of 5-year-old Jaclyn Santos-Sacramento, who was killed by a car that veered onto the sidewalk in Highland Park, Ill., has filed a lawsuit against the driver alleging that the kindergartener was hit more than once.

Santos-Sacramento was walking with her mother and two younger brothers around 2:30 p.m. on Labor Day when a Lexus driven by 18-year-old Carly Rousso drove over the curb and onto the sidewalk, striking and injuring all of them. Jaclyn was pronounced dead at 5 p.m. at Evanston Hospital.

Rousso was charged with reckless homicide and aggravated driving under the influence, allegedly after "huffing" a cleaning product to get high: testing revealed a chemical from a popular computer spray cleaner in her body, according to CBS Chicago.

The Santos-Sacramento family has filed a wrongful death lawsuit that contains new information about the incident, alleging that the vehicle struck Jaclyn at least twice as Rousso reversed direction in an attempt to back away from the scene, the Chicago Sun-Times reports. The suit seeks damages in excess of $50,000 and details the "horrific emotional scars" the family has sought treatment for, according to attorney Bob Baizer.

Days after the accident, hundreds of friends, family and community members walked to memorialize Santos-Sacramento. A memorial fund created in her name set a $3,000 fundraising goal, and currently has nearly $75,000 in contributions.

Rousso is currently out on bond and due to appear in court Oct. 9, Highland Park Patch reports.