The Law Offices of James M. Freeman, P.C.

Let's say you were hit by a driver, it was the driver's fault, and the driver got a ticket for a moving violation, and they gave you a court date. As with all cases involving injuries, I suggest that you contact a lawyer immediately. If you only have property damage you can probably ultimately handle the matter yourself, but it is always a good idea to consult with a lawyer in the event of an accident. Notwithstanding that...

"What do I do now?"
People often call asking how to deal with traffic court situations in connection with an accident. First and foremost, you should keep in mind that any proceeding in traffic court is totally separate from a civil lawsuit for property damage or injuries. The victim is usually not even a party to the traffic court case, rather they are simply the "complaining witness." The parties to a traffic court case are "The People of the State of Illinois v. John Driver, or The City of Chicago v. Jane Driver." In the civil suit, however, the parties will be "John Cyclist v. Jane Driver."

"If the cases are totally separate, what is the point in going to traffic court?"
The answer lies in the rules of evidence for a civil trial. In order for any piece of evidence or testimony to be admitted into evidence at the civil trial it must meet certain criteria. Everyone has heard of hearsay. Hearsay is defined as an out-of-court statement made for the truth of the matter asserted. The rule is that hearsay is inadmissible at the civil trial unless it fits an exception to the hearsay rule. For our purposes it is only important to know that a party admission is considered an exception to the hearsay rule. When a party to the suit admits guilt, their statement is considered an exception to the hearsay rule and will be admitted into evidence at the civil trial.

The only outcome at traffic court that helps out a victim pursuing a civil lawsuit is a plea of guilty by the defendant. The guilty plea requires the defendant to admit that he/she is guilty of the charged offense. A guilty plea is an admission of guilt by a party, and therefore admissible at the civil trial. If the driver pleads guilty to a moving violation that goes to the ultimate issue of negligence the admission of guilt in the traffic court case can be used against the driver in the subsequent civil suit for injuries or property damage.

As a victim, the only thing you can get out of a traffic court case (besides the possibility of some personal satisfaction) is a guilty plea to be introduced into evidence at the civil trial. If you can't get that, you should not testify and go home.

"What if the driver pleads not guilty?"
Go home. Do not testify. Nothing can happen after a plea of not guilty to help you, but plenty can hurt you. The plea of not guilty is inadmissible at the civil trial because there is no admission of guilt. Even if the defendant pleads not guilty, and is found guilty by the traffic court judge, the conviction is still inadmissible at the civil trial because the standard of guilt at traffic court is different from the standard of guilt in the civil case, and the defendant never admitted his or her guilt. If you stay and testify at the traffic court trial you may make statements that can be used against you in the civil trial. Since the defendant has plead not guilty you have nothing to gain and lots to lose, so you should not testify in the traffic court case.

"What if the driver was charged with something other than a moving violation?"
If the driver is charged with a violation that is unrelated to the ultimate issue of negligence then the conviction is also inadmissible. Examples of such violations would be failure to have insurance, driving on a suspended license, expired registration, etc. Those issues have nothing to do with who was at fault for the accident.

"Do I need to go to traffic court?"
If the driver was charged with a moving violation (including opening his door into traffic - the "Dooring Statute") you want to try to get a guilty plea. If you don't attend the traffic court hearing the charges will likely be dismissed, so you want to attend and let the prosecuting attorney know that you are there so they will press the defendant for a guilty plea. If the defendant pleads not guilty you should NOT testify.

If the driver was charged with a violation that does not go to the ultimate issue of negligence such as failure to have insurance or license or registration violations, then there is nothing to gain in the civil case by attending traffic court.

"OK. So what do I do when I go to traffic court?"
Show up at least fifteen minutes early, wear something nice and bring a copy of the police report. Keep in mind that you'll have to go through security (metal detector, x-ray) and they won't let you bring in tools. There will be about 20 other cases up at the same time yours is up, so there will be a lot of people there if you show up right at court time.

Check in with the clerk and let them know that you are the "complaining witness - not the defendant." Ask the clerk who the prosecuting attorney is. Introduce yourself to the prosecuting attorney and tell them that you are the complaining witness. Show the prosecuting attorney the police report. Brevity is key here, so don't eat up a lot of the prosecuting attorney's time with useless explanation that he doesn't need. Be brief and tell the prosecuting attorney that you would be happy if the defendant plead guilty. He or she will ask if you are willing to testify. I would respond, "Let's play it by ear and see what his plea is going to be, but just so you know, I'd rather just have a guilty plea than a trial." Then have a seat in the courtroom bleachers.

The judge will call your defendant's case in between the twenty other cases. You should step up. The judge will ask the defendant how he or she pleads. If the defendant says "guilty" the case will be disposed of right then and there. If the defendant pleads, "Not guilty" the case will be passed and set at the end for trial. In the meantime the judge will dispose of all the other cases, and at some point the prosecuting attorney will want to talk to you. Thank the prosecuting attorney for his or her efforts and explain that you will not testify. Go home.