Inspired by this topic regarding car accidents and being hit by a rich guy.
It seems like if a rich guy were to hit you in a car accident, you’d still have quite the work to do in order to collect on your rightfully deserved payment. People spoke about the rich guy having the best lawyers and using every trick in the book
I kept reading and to me, somehow, it seems that things shouldn’t be like that
So here’s my scenario: You’re going through a green light at the speed limit, when a drunk rich guy plows through the intersection, T-boning your car and injuring you. There are witnesses and a camera, there’s no question about who’s fault it is. Nothing’s wrong with the cars and there wasn’t anything blocking anyone’s view. Basically, 99.9% of sane people would say the rich guy was completely at fault
My question is, given a perfect storm of evidence for one side and none for the other, could you, the poor-to-middle class guy, simply skip the whole ensuing fight about legal fees and not having a good lawyer by simply showing up in court, playing the tape, and say “The rich guy’s obviously at fault. I want my $$$. I don’t need a lawyer when it’s so blatant that it’s his fault”
If there were overwhelming evidence for one side, how would it work out in real life assuming the rich guy doesn’t want to pay?
So, you’re just going to walk in to court and play a tape, and expect a check?
Odds are you’ll be told that you can’t do it that way. Depending on how you react, you may go to jail, but the court staff and any lawyers present will get a good laugh at your expense.
Court time has to be scheduled in advance.
When did the accident happen? Has the statute of limitations expired? Is that video tape legit? Maybe somebody got cute in the editing room. How does the other side know you’ve filed suit, what court you’ve filed in, and what exactly you claim as damages? They don’t, because you didn’t file a lawsuit and follow the rules of civil procedure. You just walked in to Court with a video tape. Apparently expecting the Court to have nothing else to do that day, a jury to be standing around hoping somebody shows up with a video tape so they can pass out somebody else’s money, there to actually be a functional TV/VCR available without any prior conversations with the Court clerk, and no notice or opportunity to be heard provided to the person you’re suing, who, for all the Court knows, may have been on another planet at the time you claim he wrecked your car. Constitution-Schmonstitution. Screw the Defendant’s rights. Full Speed Ahead!
In real life, as I posted in the GQ thread, the rich guy calls his insurance company, they investigate the claim, and negotiate a settlement with the plaintiff or his attorney if possible.
Wow, he was facing a possible 11 years in jail if convicted. Wow, he WAS convicted too. And the conviction was upheld upon appeal to the state Supreme Court.
How much time did he get sentenced to? 100 days in jail, and a suspended imposition of the sentence. Which means if he complies with the terms, no gulity verdict will be entered at all. And by the time the appeal was over he had already spent the 100 days and was done.
I’m sure the system would have worked to the same result for you, Yogsosoth, don’t you think?
I don’t. I think anybody else would probably spent at least several years in jail. The system responds to money and power.