Terry Bryant, the family's attorney, claims the driver of the cement truck did not adjust their speed for the rainy weather conditions and was negligent.
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"Their lives changed in an instant," Bryant said.
His office filed a civil suit against the National Ready Mix LLC of Kingwood.
"The ready mix driver was driving probably too fast in rainy conditions and lost control of the vehicle," Bryant said.
The crash happened on Aug. 5. The cement truck drove off the Beltway, and landed on the family's SUV below on Woodforest Blvd.
Witnesses from nearby businesses rushed to help, but they were only able to get Nicolas' twin sister out of the backseat, where both children were in car seats.
"It's still hard for us to process everything. Doing everyday daily things with him not being here. Or just seeing one and not the other, it's hard," said the twins' aunt, Esmerelda Resendiz.
They said there is a hole in their home, where the brother and sister used to walk, eat and play together.
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Bryant said he was hired to help protect the family as National Ready Mix is already using attorneys to protect their business.
The company has not responded to ABC13's request for comment.
A search of their safety record found three crashes in the last two years, but none of them were fatal. The Harris County Sheriff's Office said they are still investigating the crash.
The cement truck is still being processed along with the black box from the commercial vehicle.
Their findings will be presented to a grand jury to decide whether or not to criminally charge the 36-year-old driver, who has not been named.
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