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Although Rodas was driving the car, his children do not believe he was responsible for the accident

By Naja Rayne
Updated January 28, 2016 11:00 PM
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Credit: AKM-GSI

The children of Roger Rodas are suing Porsche North America and the Dr. Ing HFC Porsche dealership for negligence and the wrongful death of their father, PEOPLE can confirm.

Rodas’ daughter and son – who brought the suit through their guardian ad litem Stephen R. Callister, allowing them to remain anonymous – are asking for “general and special unspecified damages for loss of love and companionship, comfort, care, assistance, protection, affection and court costs.

Although their father was behind the wheel when the tragic accident occurred, killing both him and actor Paul Walker, the kids claim in the lawsuit obtained by PEOPLE that the car “went out of control due to the defect and failure of a suspension component in the right rear wheel area.”

The brother and sister’s lawsuit echo claims made by both Walker’s daughter Meadow and his father, also named Paul, in their own separate wrongful death suits against the company.

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In their lawsuits, they claim that Walker would still be alive today if the Porsche Carrera GT hadn’t “lacked safety features that could have prevented the accident or, at a minimum, allowed Paul Walker to survive the crash.”

Police investigation determined the cause of the accident to be speeding, as they stated that the driver had been going between 80 and 90 MPH at the time of impact.

Despite police findings, Roda’s children believe that a faulty toe adjuster rod in the rear right wheel suspension component is what caused the accident.

“A properly functioning, designed, and manufactured toe adjustment rod would not have broken under the normal conditions that Mr. Rodas was driving the subject Carrera GT and would not have cause the subject Carrerra GT to abrubtly, unexpectedly, and uncontrollably careen off road,” the document reads.

Although the car company has not yet responded to the newest lawsuit, Porsche did release a statement regarding Meadow’s claims, saying that by getting in the vehicle, Walker has “knowingly and voluntarily assumed all risk, perils and danger in respect to the use of the subject 2005 Carerra GT,” and that he “chose to conduct himself in a manner as to expose himself to such perils, dangers and risks.”