A Virginia wife and daughter are suing a driver for wrongful death after their husband and father was killed in a motorcycle accident in August 2008.

According to reports, 69-year-old Taylor Marshall Jr. was riding his motorcycle on Route 281 when an oncoming car drifted into his lane during a curve in the road. Despite his best efforts to avoid a crash, Marshall was struck head-on by the vehicle. Although he was rushed to the hospital, the motorcycle rider died an hour later.

Now window Barbara Marshall and Marshall’s daughter Mary Ellen Kline are suing the driver and Marshall’s motorcycle insurance company. The pair said in the wrongful death lawsuit that the driver, 21-year-old Andrew Pletcher left his lane and was also driving under the influence of prescription drugs when he should not have been. The amount of money that Marshall’s relatives are seeking in damages was not specified.