lurkette...first off I am very sorry you've lost your brother. I can't even start to imagine how awful that would be. My heart goes out to you.
Secondly....what an amazing attitude you have. A big thumbs up to you for being able to see rationally at such an emotional time. I find it very refreshing that you could go through such a loss and still have a clear enough mind to see it as what it was....a very tragic accident.
If the other driver had been drinking or had been driving recklessly then I would absolutely scream for justice. In this case though, as you said it was freak accident. I'm very sure the other driver did not mean for it to happen and, as you pointed out, they now have to live with that knowledge for the rest of their lives. Is it fair...of course not. No-one should be struck down at such a young age. It is understandable that your family wants justice but the plain fact is that no amount of money will bring your brother back. I think it would be better to try to heal and keep moving, keep living and remember him in a good light...not through a possibly lengthy and expensive court battle.
My prayers go out to you and your family.
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