BRYAN, Texas - Members of a Bryan family say they are devastated after the alleged drunk driver involved in a crash that killed their mother told them it was their mother who is really at fault.

Maria Ramirez, 53, died from her injuries in that crash and the alleged drunk driver, 46-year-old Robert Spurger, is in the Brazos County Jail but has not been charged.

The accident happened on Oct. 17 on Highway 6 in Bryan.

Ramirez was coming home from work and was hit head on by Spurger, who was entering the highway from the exit ramp.

"They did all that they could to save her," said Ramirez's daughter, Marisol Lugo Ramirez.

Ramirez's family members have filed a civil case against Spurger.

But on Nov. 14, the family says a document from Spurger's attorney dealt another blow.

In the document, Spurger says the incident and the damages the family are complaining about were caused by "Maria Candelaria Ramirez herself."

"Outraged. Angry," said Ramirez. "I had no words to even describe the feeling that he could blame it on my mom."

"I was absolutely disgusted that they would even come up with such a response," said Luis Tzunum, Maria Ramirez's son. "It was evident that my mother was not at fault. That the man that was drunk driving on the opposite side of the road was at fault. "

The family's attorney says the response from Spurger speaks volumes.

"It shows that Mr. Spurger has no remorse," said attorney Brian Gutierrez. " He has no empathy for the harm he's caused this family and he doesn't feel that he did anything wrong. "

Gutierrez says the family will try and settle the case out of court but a jury could be used.

In addition to seeking justice, the family has a message.

"I hope that people are aware of what they are doing and what could happen if they were to drink and drive," said Tzunum.

"She didn't deserve to go this way. For some person who didn't think," said Ramirez.

In addition to the civil case, Spurger is also facing a criminal case in Brazos County.

KAGS reached out to Spurger's attorney for comment but has yet to receive a response.