No charges have been filed yet, and the driver, 27-year-old Azel Hernandez Vargas, is the older brother of the victim, which could factor in whether criminal charges are appropriate.
SOUTH BRUNSWICK -- Police are continuing to investigate a two-car crash New Year's Day that left a 13-year-old Toms River girl dead.
No charges have been filed yet -- and the driver, 27-year-old Azel Hernandez Vargas, is the older brother of the victim, which could factor into whether criminal, rather than just traffic citations, are appropriate.
"The person who was driving the car is the 13-year-old's brother, so because of this lapse in judgment his younger sister is killed," South Brunswick police Capt. James Ryan told WABC-TV. "This is a tragedy, there's nothing at this point in time that indicates anything other than that."
Ryan told NJ Advance Media that police will review the case with the Middlesex County Prosecutor's Office before any action is taken.
Authorities have 30 days to file charges.
Police said Vargas was driving a Nissan Sentra on Route 1 around 5 a.m. when he crossed into the northbound lanes at Deans Lane, colliding with a Nissan Quest.
Vargas may have been distracted by a cellphone, police said.
Vargas' younger sister, Blanca Azucena Hernandez Vargas, was taken to Robert Wood Johnson University Hospital, where she died less than 24 hours after the crash.
Blanca Vargas was a student at Toms River Intermediate North School. Crisis-intervention counselors were made available at the school to any student in need of assistance, said Tammi Millar, a spokeswoman for the Toms River School District.
"It is always a tragedy to lose someone so young," she said. "The District's thoughts and prayers are with the family."
The family declined to speak with NJ Advance Media when contacted by a reporter.
A funeral service is scheduled for Thursday morning at St. Joseph's Church in Toms River.
Three other passengers in the Sentra were hospitalized following the crash. Backseat passenger Cirilo Velazquez-Roja, 21, of Lakewood, remained in critical condition as of Monday afternoon. Ilda Hernandez, also sitting in the back seat, was in critical but stable condition. Front passenger Sarah Zollner, 19, of Toms River, was treated for injuries that were not life threatening.
The three occupants of the Nissan Quest were also treated for injuries sustained in the crash.
-- NJ Advance Media's Brian Amaral and Vinessa Erminio contributed to this report.
Alex Napoliello may be reached at anapoliello@njadvancemedia.com. Follow him on Twitter @alexnapoNJ. Find NJ.com on Facebook.