Hard to say at this point whether they were negligent in not closing the road he was on or not, or whether they should have been quicker in recognizing that there was someone alive in the car. I’m not saying he’s correct, but given the statute of limitations for these types of claims (depending on the state) I think all his lawyers are doing at this point is establishing the right to sue, if it comes to that. I think it was smart for them to do this, and I don’t blame this guy for keeping this option open. In the end, maybe all he wants is some leverage such that they will help him deal with the medical bills.
For the record, I share the views of most here that there are way too many lawsuits, and especially way too many frivolous ones. That said, sometimes you need a lawyer, and sometimes suing someone is the right thing to do.