State of NH - My son's brakes failed - he almost got to the other side of the road when motorist swerved from his lane onto oncoming traffic and hit my son 2.3 feet away from white line - police chief said it was my son's fault - skid marks from motorist was 39 feet and shows where they collided. Is this so-called chief correct? Son has severe injuries. It took eight days for chief to get back to me about accident. He did not take statements of the two friends who were directly behind my son and saw the whole thing. He did take the statements of the people who were behind the motorist - they are friends of the motorist. Health insurance will not pay for emergency visit. Can I sue motorist for bills, pain and suffering??