Is the driver of a vehicle who hit my son on a skateboard liable for his injuries and for pain and suffering?

He was hit in our neighborhood coming down a drive way. The driver had a unobscured view of him . He hit him on the wrong side of the road and we have since found out he may have been texting or on the phone. Several neighbors saw the accident and one of the neighbors gave a camera back to him that fell out of his car when he got out after the accident. The driver is a salesman for a home company in the neighborhood and routinesly drives thru the neighborhood. on that day there were several familys outside with there kids on our street. We feel that he should have been more aware of his souroundings and slowed down. If he would have been paying attention he would not have hit him. A police report was filed with one witness the drive who said my son did not yield the right away to him. Bottom line my son had a 17k hospital bill, but he is going to be ok. I think all of us may need some counseling though, we relive it daily. Are we entitled to anything here? If so how much ?