Pretrial Conference: What to expect

[GcLLC]

On January 8th I was rear ended. Thankfully none were injured. (I had my 6 yo daughter with me). My car was driveable and I managed to pull into the parking lot nearby. The other car was leaking oil. Called 911. Fire force had to come in and clear the mess on the road.

I called my insurance etc. After a week I obtained the police report and that said I was not at fault and had cited the other driver for Careless Driving / Driver Inattention. Forwarded the report to my insurance and they are working to fix my car.

Today I received a letter from the municipal court to attend a pretrial hearing (in May). The plaintiff is the city and the defendant is the other driver. (In my state Careless Driving charge has a mandatory court appearance).

I am a little perplexed. What is my role in this? I am planning to attend it (since it is an order by the judge), What to expect during the pretrial evidence?

I bear no malice towards the other driver and would be glad to see the charge dropped. The spot of accident is a tricky one and accident prone. She was from out of state and probably had no clue about the area. Should I try speaking to the DA's office (assuming they will represent the City) and offer not to press charges? Would that even work?

Never been inside a court before. So any clarification / suggestion is much appreciated.

[JoeF]

My guess is that you may be called as witness.

Just show up in court. Don't try to talk to the DA or anything like that. The city has to follow the law, and you can't do anything about that.

[t75]

It is not your choice as to whether or not to press charges. Going to court as a witness is not a big deal. Think of it as an education in the US judicial process.

[GcLLC]

Thanks for all the replies.

I spoke with an attorney I personally know. (She does only family law; but being in a small town knows everyone including the judge). She told me just to show up and in case of any issues for me, the judge would certainly grant a continuance to allow time to find an attorney for myself. I also spoke to the person in charge of traffic violations at the city attorney's office. In her opinion, the following facts will be ascertained at the hearing:

1. Whether the defendant was helpful in sharing the insurance information and acted responsibly (both to myself and the police officers).

2. Whether her insurance was sufficient to cover the property damages caused.

3. Whether there were any injuries / medical claims arising out of the accident.

The answers to these questions would determine whether of not the defendant will be given just a fine or would be required to perform community service as well.

BTW, the lawyer I spoke to was also surprised that the city brought a charge of careless driving.

On another note, the defendant's insurance initially declined to pay the full damages and told my insurance that they would only pay 50%. Later they admitted fault and decided to pay up.

Hearing is only on May 22nd. I will keep you posted.

[t75]

It is unlikely that you would need an attorney. If one is needed, your auto insurance company should represent you.