Q: After a traffic accident, can the injured driver request leniency for the at fault driver and will it have any effect?
I was involved in an accident where I was not at fault. I reacted in a way that minimized injury to the other driver to the point that she didn't have any problems at the expense of exposing myself to injury. It could easily have been fatal, if I reacted even slightly differently, but it wasn't and although I couldn't walk afterwards I will make a complete recovery.
The other driver was issued a citation and I am facing absolutely no legal consequences, but under the circumstances I believe she didn't see me, and she both got out to apologize to me and saw me in the ER where she looked genuinely concerned about me which speaks to me of her character and sincerity and tells me that she will learn from the experience.
I'd like to be able to do or say something that might help her in court, but I don't know where I would go, how I would do that, or if it would do any good at all. Do courts even consider the opinions of the injured? What kind of penalties will she likely face?
A:
There are two separate issues:
1. Traffic Ticket - The State has to prove her guilty. To do that they are going to need witnesses. Assuming you are the only witness, the State's Attorney will contact you. Of course, most cases get plea bargained out and never go to trial.
2. Liability for personal injury and property damage. If she was at fault, you have a right to collect from her. It's really your insurance company paying and then collecting from her insurance company.
A: Assuming that she had insurance as has NOT accumulated a lot of traffic tickets, she will probably get a ticket for Failure to Yield or Improper Lane Change and pay a small fine. How much easier do you think they should go?
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