Enaitz Iriondo, 17, died instantly in August 2004 when businessman Tomas Delgado's Audi A8 crashed into him at 100 mph near Haro in northern Spain, an Interior Ministry traffic report said. The speed limit was 55 mph.
Iriondo was not wearing reflective clothing or a helmet, the ministry report said. As the sun had set when he crossed the path of Delgado's car from a side road, a regional court found both parties at fault and closed the case, the report said.
Delgado, whose insurance company paid Iriondo's parents $48,500 in compensation for their son's life, filed a suit in late 2006 to recover $29,400 in damages to his car and car rental costs, the ministry traffic report said.
"It's the only way I have to claim my money back," Delgado was quoted as saying by the newspaper El Pais, which first reported the story on Friday. El Pais said a ruling was expected next week.
Iriondo's parents were shocked.
"It's the final straw, a stab in the back," Iriondo's mother, Rosa Trinidad said, according to El Pais. "Before the lawsuit we thought the poor guy would find it hard to live the rest of his life with the thought of having caused our son's death.
The European Union's statistics office says Spain recorded 113 traffic fatalities per million inhabitants in 2004. The average for the 25-nation bloc was 95. In 2006, 3,016 people died on Spain's roads.
