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Legally, you have every right to sue. Legally, you would win. Morally, to sue the driver would be wrong. Like so many others have said, the guilt is enough, and you don't want him to be angry and feeling fuilty.
When my father died, even though the type of cancer he had carried a 5% survival chance, we could have sued, and by some estimates, made off with more than 100 million in malpractice settlements. We didn't because we didn't feel right doing it. You should do what you feel is right, and I think you're making the right choice by trying to discourage your family from suing.
MAy God bless you and your family and help you throught this.
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