Sued???

I am so upset, nervous and yes very scared. The police were here on Friday to take down my son’s statement about what he remembers about the accident. My son told him EXACTLY what he told them the night of the accident, hours after it  happened. His story has never changed. He says all he remember sis driving down the road when all of a sudden the kid in the back seat grabbed his shoulder. Next thing he knows they were upside down and they were screaming. That is all. the kid who was in the back seat remembers NOTHING…not even grabbing my son. The other child cannot talk as his jaw is wired and he has a traech in. The police men alluded that they may not even question this child as he feels that of them all he would remember the least as his head injuries were more severe than the other two. After he turned off the tape, he told us that there was ONE witness you has come forward to tell what he had seen that day. He was following behind the truck and he said all of a sudden he saw alot of hand movement and then the car veered off the road, hit the pole at an angle that turned the car around so it was no driving backwards and then it flipped over. The cops said that it flipped not from hitting the pole but from the front axle breaking off and digging into the road, since the wheels were still in motion it caused the truck to flip. He said the guy was a pretty reliable witness and it does go with what my son said about the kid grabbing his shoulder. Did my son turn around to see what was wrong, sis he wave off the hand? who knows, so far the kids do not remember. The mother of the child who is still in the hospital and a friend of mine, BOTH said the same thing when I told them this,"I WONDER IF THERE WAS A BEE IN THE CAR SINCE THE WINDOWS WERE OPEN".  The cops take on this was that they were fooling around. Again, who really knows? The witness did say the none of the kids were wearing seatbelts, we KNOW the other two kids were not, but from the beginnign my son has said that he was wearing his lap belt but had the shoulder strap behind him. The witness says my son couldn’t have been as he was out of the truck before he even got to the scene. YET, the owner of the farm who was in a truck 3 cars ahead of them said that when HE got there. my son was about 3/4 of the way out of the car. My son also said that as he was crawling out he SAW the owner running towards him. So it looks like my son will get a ticket for NOT wearing a seatbelt (which can’t be proven, so we will fight it) AND a ticket for having too many passengers on a provisonal license (he is allowed 1, unless it is a sibling) AND a ticket for the passengers not wearing their seatbelts (which makes no sense as last yr when my son went thru the windshield of a truck (same farm) HE rec’d the ticket ofr not wearing his seatbelt). The cop also sad he could receive a ticket for RECKLESS DRIVING, which pisses me off as I don’t think he was reckless. Reckless driving to me is driving erractly, weaving in and out and generally being aggressive and dangerous on the orad…he was none of that. It seems he got distracted and ran off the road, due to his lack of experience behind the wheel.  IF he does get a ticket for reckless driving we WILL fight it. We were advised from many people last week that we should not let our son talk to anyone (the ins co) w/o talking to a lwayer first.  So we made an appointment with one for next  week. As the cop was leaving he told my son to not worry about the tickets he would be sending as we could go to court and, "you know talak to the judge". He DID say that the father of the boy still in the hospital was calling him every day wanting full disclosure of everything that pertained to the case as he was getting a lawyer and was going to sue…everyone, esp…US as our son was driving. The man & the boys mom are divorced and it wasn’t a pleasant one (the night of the accident she came over to us and said my ex is on the way and he’s  not the nicest person so please don’t listen to anything he says or takek it to heart…he’s just a mean nasty person".  i’ve heard he  also has a problem with drugs. Sooo, it is conceivable we could lose everything. BUT like we told our son, ALL THAT REALLY MATTERS IS THAT HE AND THE OTHERS ARE ALIVE…..THE REST, WELL IT’S JUST MATERIAL STUFF. And whilel it would hurt to lose our house and everything else, it would be harder to lose his life AND then go through a law suit.  Time will tell what will happen. I don’t even know if he can sue as he is not the legal guardian.

Keep your fingers crossed…..please, we still don’t know if he will see out of his one eye (the boy still in the hospital). Hopefully, he will see when the bandages come off some time within the next 2 weeks. Ih that happens, then nothing else matters at all.