“Please don’t let it be a Hyundai…” Debi and Nathan McDaniel were trailing their daughter’s car on State Route 238 in Arizona. They were about a minute behind her. Suddenly, a nightmare scenario: a head-on car accident up ahead, caused by a wrong-way driver. The parents’ worst fear was quickly confirmed. The victim was their daughter.

Emergency responders rushed their daughter to the hospital, where she was ventilated. Her injuries led to several rods in her spine and included a fractured femur.

Jeremiah Irvin, the at-fault driver, faces aggravated DUI. But that didn’t stop his passenger from suing…the victim

After months of grueling surgeries and recovery, the passenger’s attorney sent a letter to the McDaniels’ insurance company. It cited a huge payout request crossing $500,000. They were shocked.

Unfortunately for the McDaniels, Arizona state law allows this type of lawsuit.

See, Arizona is a “comparative fault state.” This means that while there might be a clear at-fault party, the state says it’s possible that other parties contributed to the result.

In this case, the passenger claims that the victim should have gotten out of the way

If you can imagine, the McDaniels shifted from grief to outrage. They’re planning on fighting the lawsuit. They also contacted state lawmakers, challenging comparative fault.

Debi called the lawsuit a cash grab. “We will be at every single hearing,” she told Arizona’s Family.

The McDaniels attorney explained that this is actually fairly common in Arizona. “In any accident, the responsibility among all involved must add up to 100%.”

Irvin, the drunk driver, starts his court process on October 24. In the meantime, they’ll be fighting off this lawsuit.