This is tough to say, but I feel the driver is responsible. If I were in the group, I may pitch... maybe. I wasn't there for the occurrence so I can't say for sure. It's kind of like something that happened to me a couple of years ago.

We had 10 people in 2 SUV's to go to Florida for Spring Break. On the way back 2 drivers (not myselft) got pulled over and were issued speeding tickets. The drivers wanted everyone to pitch in for the ticket. I refused, saying that they are the only person controlling the speed and that I didn't get a speeding ticket because I chose not to speed and that was my decision.

I'm sorry for your unfortunate accident and good luck figuring it out.