Raymond Veloz had exited his vehicle after getting into a minor accident with another motorist around 7:30 a.m. on Tuesday, Dec. 7, 2010. He was standing near the other driver’s vehicle exchanging information when he was struck by Araceli Beas, as reported by CBS News.

Raymond Veloz’s daughter filed a wrongful death suit claiming that Araceli Beas’ Facebook page showed an update posted at 7:54 a.m. on Dec. 7, the same time that Veloz’s cell phone records showed a call being made to 911.

Beas’ mother came to her daughter’s defense claiming that she posted the Facebook update as she sat in her car while waiting for it to warm up outside her boyfriend’s home two miles away from where the crash occurred, reports The Chicago Tribune.