You should contact your insurance carrier right away to let them know you have been served. They should provide you with a defense.
I'm not familiar with the laws in the state where the loss occurred - but it sounds like a red light/green light ~ he said/she said kind of thing. A witness would be MOST helpful - your passenger is a witness but would be considered a somewhat biased witness.
Unfortunately, baseless lawsuits happen all the time but I'm sorry that it happened to you!
__________________  Mommy to Lucy, Ringo, and Matthew |