Texas is one of four states in the country that does not have a statewide ban on texting while driving.
The Cornish family, who lost their 32-year-old son, Robert, six weeks ago are hoping to change that.
Robert Cornish was struck by a distracted teenage driver on the shoulder of Loop 410 and W.W. White Road on Sept. 22, 2016, while he was pulled over to check on a trailer that was attached to his vehicle.
Monday the Cornish family announced they were filing a wrongful death lawsuit against the driver.
Robert is survived by his pregnant wife and two daughters.
"We just love him so much and miss him so much and he was an amazing person," said Blake Cornish, Robert’s wife.
"What we're hoping to do by filing this lawsuit is to send a message to this teen driver in particular, but to all drivers on our roadways because we feel that this represents the biggest public safety threat to motorists," said lawyer Tom Crosley.
The family said once the Texas legislature is in session again they hope to pass "Bobby's law" which would ban texting while driving across the entire state.
"It's so important that our son not be forgotten and what's even more important is that by passing 'Bobby's law', we'll probably save a lot of lives in the future and that's what we're really concerned about is saving future lives," said Earl Cornish, Robert's father.