I find it interesting when a defendant cannot accept that he or she did anything to contribute to my client’s injuries. Especially when it is so obvious. I recently took the deposition of a man who plowed into my client’s vehicle. If you were to see my client’s car, you would wonder if there was a fatality. So what are the facts of this case? My client is stopped at a red light behind another vehicle for minutes. All of a sudden, the defendant comes speeding down the road and plows right into my client at full speed. He doesn’t break. He doesn’t swerve. There is no hesitation. And- the entire crash is caught on a surveillance video. Seems like an open and shut case. There is no way to skirt around what happened.
Except, the defendant has a different account of what happened. He tells me the light was yellow. There was plenty of time for all three cars to go through the intersection. He blames the car in front of my client for stopping. What I found odd is that the defendant knew there was video of the crash. And still, he paints a picture that never happened. So, I ask him all my questions. Then, its time for me to show him the video.
He is still reluctant to admit the two cars were stopped at a red light for a long time before he drives up on the scene. He has no explanation why he did not break. He still blames the car in front of my client.
Take that all in. Even after seeing the video multiple times he cannot admit what happened that day. That’s a scary thought. If he doesn’t realize that he caused the crash, he is bound to do it again.
One way to deter this type of behavior is to hold reckless drivers like this defendant accountable. If they are not held accountable, they will repeat their actions. Because we all know, conduct rewarded is conduct repeated. These types of defendants can be held accountable at trial. It’s the jury with the power. If you have ever served on a jury, you might have thought your decision was only affecting the parties involved in the case. But that is not the truth. The jury gets to set the standard of what is acceptable. If you want drivers to slow down, to stop, to accept responsibility, a judgment against a defendant can speak volumes.
In the meantime- I will still sit and wonder why these defendants don’t just take some responsibility for their actions. It would help their defense and make my cases less juicy. And while I love a great story for a trial, I would much rather have a safe community.