Ex-Red Hot Chilli Peppers guitarist Josh Klinghoffer is being sued for wrongful death and negligence for allegedly running over and killing a pedestrian in Alhambra, California while driving distractedly.

The lawsuit was filed by Israel Sanchez’s family, the 47-year-old man who was hit by Klinghoffer’s car while walking in a crosswalk on March 18.

According to the lawsuit, which was accompanied by video and still photography of the accident from the suing attorneys, the musician was behind the wheel of an SUV with no licence plate and using a cellphone while driving.

Sanchez suffered blunt force trauma to the head and died from his injuries a few hours later in the hospital, though no arrest was made in the incident, the complaint states.

“This was a tragic accident,” said Klinghoffer’s attorney, Andrew B. Brettler, in a statement to Pitchfork. “After the car struck the pedestrian, Josh immediately pulled over, stopped the vehicle, called 911, and waited until police and the ambulance arrived. He is fully cooperating with the traffic investigation.”

The plaintiff’s attorney, Nick Rowley, called the incident a “homicide,” adding that “the loss and grief that the Sanchez family now faces is immense. We will not stop until there is accountability and justice for Mr. Sanchez and his family.”

Klinghoffer was the Red Hot Chilli Peppers guitarist from 2009 to 2019 and since been touring with Jane’s Addiction and Pearl Jam.