Have two deceased teenagers who were killed when the car driven by a licensed restricted juvenile driver drove off of an overpass for no apparent reason on a beautiful day. Lousy evidence of reconstruction but no excessive speed.The restriction is the one with reference to having other kids under the age of 18 in the vehicle with the driver during the 1st 6 months after they get their license.The two witnesses who might shed some light on what happened that caused the driver to go off the overpass are dead and the Judge quashed my petition because of the McCoy case 64 SW3d 90. What a ridiculous burden of proof.If I allege that the cause was the 2 under age kids in the car is it negilgence per se because it's a license violation like driving without glasses?

You could argue that since this is the result the statute was intended to prevent, the leg has already made it a gross deviation, but what about just simply alleging a traffic violation like fail to maintain single lane which, in the context of the driving situation, was a gross deviation because of the foreseeable harm?

In addition to failing to maintain a single lane of travel, throw in failure to maintain a proper lookout, and call it reckless driving which is a gross deviation of the std. of care for operators.

Oh, and were there cell records which you could use to maybe prove she was on the phone at the time?