Thought I'd give a final update on this situation. The nice gentleman received 24 months in prison plus the 7 months in jail while he was waiting.

The Montero is still kicking. I have put 15,000 miles on it since the wreck. I have not come across a suitable replacement yet.

After it's all said and done financially, all of the medical bills and lawyers fees paid, I walked with $15,500 and kept the truck. I'm not a huge fan of lawyers, but I'd certainly recommend one in a situation like this. He made it very easy on me. Now I have to fight the urge to buy a GEN3!