I understand that . I travel the same way your son was many times a week , and even during daylight it's hard to see people coming down the hill due to the overpass.   I agree that the facts show she's  100 percent to blame.  That said ,  IF he wasn't wearing a seat belt , he contributed to his injuries , and must be cited as well. Wearing a seat belt doesn't save everyone's life , however it keeps them from being easily ejected . Ejection is what usually causes the most bodily  damage in accidents . This is a lesson we can all learn from.   No matter what , I hope and pray your son has a fully and speedy recovery . You are living every parents worst nightmare . I'll say a prayer for you as well.