BURLINGAME, Calif. (KGO) — The parents of the 4-year-old boy who was killed last year in Burlingame are filing a civil lawsuit against the city, the teenage driver, and the parents of the 11-year-old boy on the e-bike involved in the crash.
Two months after the San Mateo County District Attorney’s office declined to file criminal charges against the 19-year-old driver who crashed and killed 4-year-old Ayden Fang, his parents are seeking justice.
“They decided to not hold anyone accountable. So civil litigation unfortunately is the only path for achieving any measure of justice. The only path to enforce those responsible to take accountability,” said Ming Fang, Ayden Fang’s dad.
In August of 2025, the 19-year-old drove onto the sidewalk outside a restaurant where Ayden was eating with his family. The crash was caused by the teen’s SUV after it collided with a e-bike. Ayden’s family is suing the city of Burlingame, the 19-year-old and her parents as well as the parents of the 11-year-old e-bike rider.
RELATED: ‘Chain reaction’ of events lead to deadly Burlingame crash that killed 4-year-old boy, police say
“First of all, lines of sight with the city of Burlingame there was a clear situation that they knew people exciting this parking lot had a blocked line of sight,” said Niall P. McCarthy, attorney representing Ayden Fang’s parents. “Outside the lawsuit the family wants to see restrictions on children driving e-bikes.”
The lawsuit claims the driver “was on a prescription drug that is known to impair judgment especially when driving.” The driver was not charged.
“Number three- they want to emphasize that even when your child is a teenager and they get their license that doesn’t mean they are safe,” said McCarthy.
The City of Burlingame did make a change after the crash.
EXCLUSIVE: Parents of 4-year-old boy killed in Burlingame crash share message he left behind
“In this case the city did remove one parking spot on the left, but we don’t believe that’s enough. We believe they should also remove one of the right and maybe an additional parking spot. We really need to make sure safety is the primary concern instead of parking availability,” said Mike Swire, an ambassador for families for safe streets.
We also contacted the mayor of Burlingame, and a number of city representatives for comment and have not heard back.
Holding on to each other, Ming Fang and Ting Ting Liu said they hope their civil lawsuit will lead to changes that protect other families.
“Today we seek justice for Ayden, for his brother, for our family, our community. Today we present an opportunity to make changes which came clearly in a message Ayden left himself in this Lego tower that he left two days before he died. He asked to protect our city,” said Fang.
RELATED: No charges filed in ‘chain reaction’ crash involving e-bike that killed 4-year-old in Burlingame
Ayden Fang’s parents said they have created two scholarships in his name.
“We are grateful for everyone working together to transform suffering to honor Ayden legacy,” said Ting Ting Liu, Ayden Fang’s mom.
Liu also made a little free library by the site of the crash.
McCarthy did not specify how much his team will be seeking financially, and said the family’s main focus is for change.
“We want the city of Burlingame- we want the County of San Mateo to come forward and say here are the changes we are making. Here is what we are willing to do to make sure this doesn’t happen to another pedestrians,” said McCarthy.
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