No charges will be filed for a car crash into an Oswego Portillo's that killed a child, police said Wednesday.

A 2-year-old was killed and 13 other people were injured in July when a car crashed into the Portillo's on U.S. Route 34 near Douglas Road.

Oswego police said after a nearly three-month investigation, they determined the crash was caused by a driver error and "no criminal charges were warranted." Police said the driver accidentally stepped on the accelerator instead of the brake, sending the vehicle careening into the restaurant.

Police said the Will County State's Attorney's Office agreed that no charges were warranted.  Polcie said they found no signs the drier was impaired, and toxicology reports confirmed that. Police also confirmed the driver was not on her phone, only using it for navigation.

Police also said their investigation did not find any evidence of willful or wanton disregard for the safety of others.

There were no citations issued in the crash.

The family of the child who was killed has filed a lawsuit against Portillo's, saying safety measures should have been in place to prevent a person from driving into the restaurant.