02x02 - Pedestrians Struck by Car

[bunniefuu]

-She hit you.
-Correct.

-Did you have a valid driver's license?
-No.

I want to hear a lot of "I'm sorries."

Why would I say I'm sorry if...?

Don't you understand that?

I don't like my blood pressure
to get too high.

I just don't like stupid.

[narrator]
This is Judy Justice.

[theme music playing]

[narrator]
Lisa Hildreth and Reza Mahasseni

are suing 20-year-old Jennifer Santiago

for medical bills
after being hit by a car.

[bailiff]
Court, come to order. All rise.

Have a seat, please.

Case number 2020.
Hildrath, Mahasseni versus Santiago.

[Judy] Thank you.

-Ms. Hildreth?
-Yes.

Pronounce your last name for me, sir.

-Mahasseni.
-[Judy] Mahasseni?

Yes.

You two were
crossing the street in San Diego?

-In Carlsbad Village.
-Is that in San Diego?

It is. It's a suburb of San Diego.

-[Judy] Is that where you live?
-Correct. In Carlsbad.

And you were hit by Ms. Santiago,
who was driving her mother's car.

Correct.

Ms. Santiago acknowledges that she
hit you and you were seriously injured.

You've had shoulder surgery.
You were both injured.

Correct.

When did this happen?

This happened on
Friday, September 4th, 2020.

I just have a couple
of preliminary questions

before I get into the facts of it.

Sure.

I assume that since this accident
happened in 2020,

that you tried to sue
either the defendant

and or her mother as the car's owner.

Well, uh, we would have done so,
but the driver was uninsured.

That's...that's the question.
You would have done so.

-[Lisa] Yeah.
-Except the mother had no insurance.

It is my knowledge
that the mother had insurance,

but that... the...
in which I have the evidence,

that her daughter was
excluded from the policy.

The policy and therefore,
the insurance company disclaimed.

-Correct.
-[Judy] I'd like to see that.

Absolutely.

That's why your mother's not here.

No, Your Honor.

[Judy] That's why your mother's not here,
Ms. Santiago.

I took the car without her knowing.

Ms. Santiago...

That's why your mother's not here.

No.

Well.

Were you excluded
from the insurance policy?

That's either a yes or a no.

Yes.

Then you shouldn't
have been driving the car.

-Yeah, I know. I know.
-[Judy] Just a second.

[Judy] Then you shouldn't
have been driving the car.

I took the car knowing that...

I don't want to hear some...

I don't want to hear some
pat answer from you. Do you understand?

That's why your mother's not here.

-Well, it was my responsibility.
-[Judy] I didn't ask you a question.

-And I took that car without permission.
-I didn't ask you... Do you understand?

They don't listen to you
when I'm speaking.

When I ask you a question,
you'll answer me.

-Yes, Your Honor.
-I don't want to hear some pat answer.

I want to hear a lot of "I'm sorries."

I want to hear a lot of "I'm sorries."

Why would I say I'm sorry
if they didn't pay attention

when they were crossing?

You weren't supposed to be
behind the wheel of a car!

But I was paying attention.

You weren't supposed to be
behind the wheel of a car.

But why they didn't pay attention?

I'm not speaking to you.
I just told you why.

-"Why should I say I'm sorry?"
-They would've noticed flashing...

Hey! Be quiet.

"Why should I say I'm sorry
if they weren't paying attention?"

Because you weren't
supposed to be behind the wheel of a car.

If you weren't behind the wheel of a car,

whether they were paying attention or not
would be irrelevant.

You weren't supposed to be driving.

She thinks you have a big mouth.

You don't have
a bigger mouth than me, madam.

I guarantee you, I guarantee you.
The last person who drove...

yesterday that wasn't
supposed to drive...

yesterday because they were drunk,

-k*lled...
-I was not drunk.

Nobody's listening to you.

When I'm speaking,
nobody's listening to you.

k*lled six people.

The last person who drove
that wasn't supposed to be

behind the wheel of a car
k*lled six people. You are not...

-[Jennifer] But I wasn't drunk.
-Hey! I'm speaking!

You were not supposed to be
behind the wheel of a car.

Don't you understand that?

-I understand that.
-Are you stupid?

[Jennifer] I'm not stupid.

You are not supposed to be
behind the wheel of a car.

You were an excluded driver,

and you were
an excluded driver for a reason.

-Not only that, Your Honor...
-[Judy] Just a second.

-Mm-hmm.
-[Judy] Don't speak.

Now I'm going to read
and calm myself down.

I don't like my blood pressure
to get too high.

[chuckling]

I just don't like stupid.

"Our investigation," which is after
you notified the insurance company...

Correct.

"determined that
the driver of the insured's car,

Jennifer Ramirez,
was not covered by the policy."

Mm-hmm.

-[Judy] That's what she told you.
-Correct.

I don't understand this.
You were walking, correct?

-[Lisa] Correct. Both of us.
-[Judy] What is this?

"Your driving privileges will be suspended
on November 21st." What is that?

I think there was a misunderstanding
that we were actually driving a vehicle,

and when I called the DMV
and I explained that, no,

we're actually pedestrians,
then they said,

-"Oh, I'm sorry, disregard that."
-[laughs]

[Lisa] Yeah.

Stupid.
And do you have a letter from them

indicating that this is wrong?

They just told me that we can
disregard it, and they just corrected it.

That's all they did.

And it was not because...
because she was also unlicensed.

-Just a second. I'm not there yet.
-[Lisa] Okay.

I'm not there with big mouth.

Okay. This happened on
September 4th, 2020.

What time of the day?

-[Lisa] It was in the evening.
-What time?

About 8:00 p.m.?

Yeah. Around 8:00.

-Light or dark outside?
-Dark.

Is that a fair
and accurate representation

-[Lisa] It is.
-of the intersection where this happened?

[Lisa] It is, Your Honor.

Ms. Santiago, is that a fair
and accurate representation

-of the intersection where this happened?
-Yes.

[Judy] So at the intersection
where this happened,

there were lines across the highway

-indicating pedestrian walkway.
-[Lisa] Correct.

[Judy] And there were two signs
indicating pedestrian walkway?

There were three signs,
one in the center median

-and one on each side.
-On September 4th,

Ms. Santiago, this requires
a yes or a no answer from you.

On September the 4th, 2020,
did you have a valid driver's license?

[theme music playing]

-What happened when she... Don't!
-Well, if you guys were looking...

Don't! Hey! Don't speak! Hey!

Why did you guys cross?
Or you weren't paying attention.

Listen. For someone who can't
take and pass a driver's test,

three times,

at least I would keep my mouth shut.

[theme music playing]

[narrator]
Lisa Hildreth and Reza Mahasseni

claim 20-year-old Jennifer Santiago

struck them in a crosswalk
while she was driving without a license.

Jennifer says they
were not paying attention

and walked into oncoming traffic.

Now, on September 4th, Ms. Santiago,

this requires
a yes or a no answer from you.

On September the 4th, 2020,
did you have a valid driver's license?

I didn't, Your Honor.

[Judy]
I said, it's either a yes or a no.

-Did you have a valid driver's license?
-No.

[Judy] Did you ever
have a valid driver's license?

[Jennifer] No.

[Judy] Do you have
a valid driver's license today?

Uh, no, Your Honor, 'cause they...

[Judy] Ah, just... that's a no.

What's your name?

-[Vanessa] Vanessa.
-What?

-Giles.
-[Judy] Stand up.

Did you come with her today?

-[Vanessa and Jennifer] Yes.
-How did you get here?

I drove. I have my license.

[Judy]
Just a second. You drove?

-Yes.
-[Judy] In whose car?

-My car.
-[Judy] What kind of car is it?

[Vanessa] Kia.

[Judy]
Did you ever drive with Ms. Santiago?

-Uh, yes.
-[Judy] When?

Sept...

[Judy] Did you ever drive in a car
where she was the driver

-and you were the passenger?
-Yes.

[Judy] When?

September 4th, 2020.

-Two years ago.
-Other than September 4th, 2020,

did you ever drive with Ms. Santiago
where you were the passenger?

-Yes.
-[Judy] When?

September 4th.

-I said, other than September 4th.
-[Vanessa] Other than that, no.

Other than September 4th.

Other than that, no.

On September 4th at 07:00 p.m.,



We were at the beach. Carlsbad beach.

[shushes] You were at the beach.
Who else was at the beach?

Santiago and another friend.
He's a minor. He's 16.

-There were three of you at the beach.
-Yes.

-Anybody else that you knew at the beach?
-No.

[Judy]
How long had you been at the beach?

Like, for an hour.

-So you got there at 6:00 in the evening?
-We got there at 7:00.

We were going back home at 8:00.

[Judy]
So you got to the beach at 7:00.

What did you do at the beach at 7:00?

We were just sitting there,
eating, relaxing, having a good time.

As teenagers that we were.

[Judy]
Now, did Ms. Santiago pick you up

or did you meet at her house?

Just think, take a breath.

Did you meet at her house
or did Ms. Santiago pick you up?

-Uh, she picked me up.
-[Judy] How far do you live from her?

-Two minutes away.
-And what about the 16-year-old minor?

-Three minutes away.
-Did she pick up the 16-year-old minor?

[Vanessa] Yes.

How old was
Ms. Santiago in September of 2020?

-18.
-[Judy] Are you a good friend of hers?

Uh, yes, I am.

[Judy] You knew she
didn't have a driver's license.

Yes.

Did you know why
she didn't have a driver's license?

Uh, she was still studying for her test.

[Judy]
Had she taken the test before?

-[Vanessa] Yeah, she has.
-[Judy] Just...

-She had taken the test before.
-Yes.

[Judy]
Do you remember how many times?

Yes.

[Judy]
How many times did she take the test?

Two times.

And the two times
she took the test, she failed it.

Yes, she did.

Okay, so now she's driving
without a license

because she's failed her driving test
twice at the time of this.

So she's studying to pass it
maybe for the third time, right?

Yes.

And now we have two years later,
she still doesn't have a driver's license.

-Yes.
-[Judy] Do you know why?

No.

Well, you're her good friend.
Didn't you ask her?

"Well, it's two years later.
Did you ever pass your driving test?"

-She hasn't yet.
-[Judy] Sit.

Now tell me what happened
at 8:00 on the 4th of September, 2020.

I have pictures, if you like.

And would it be okay to approach
the screen to show you better?

No, it's not necessary.
You were crossing the street.

-[Lisa] Correct.
-In a crosswalk. She hit you.

-Correct. We were...
-[laughs]

You were crossing the street
in a crosswalk and she hit you.

Yeah. So we had come
to the crosswalk sign

on the left side of the photo.

We pressed the button.

It illuminated the flashing lights
to indicate that it was okay to cross.

We looked to the left.
Those two cars were already parked.

We proceeded to the middle
and noticed that the car

furthest... in the furthest lane from us,

that car was already parked.

We proceeded and we were hit.

What happened when she hit...

[Jennifer]
Well, if you guys were looking...

Don't. Don't! Hey!

-Don't speak... Hey!
-Why did you guys cross?

-[Judy] Listen! For someone who can't...
-Or you weren't paying attention.

take and pass
a driver's test three times,

at least I would keep my mouth shut
until I look at you for an answer.

-Do you understand?
-Yes.

And it was estimated
by the officer that we...

No, no, no, no, no, no, no.
She hit you in a crosswalk.

That's a crosswalk.

-This young lady knew... I'm not...
-[indistinct]

Did you hear me?
I'm not speaking to you.

You don't understand,
this was a really bad day

for this kind of case to come into court.

You do understand that?

-Yes.
-[Judy] Okay, good.

And you know why this is a very bad day
for your case to come into court?

No.

[Judy]
Then you don't read the newspapers.

I suggest if you read the newspaper,

maybe you would be able
to pass your driving test.

Because either you failed the written
portion or you failed the driving portion.

One or the other.

-Do you understand?
-Yes, Your Honor.

Good.
Now we understand each other.

Now you almost said "I'm sorry."

You're almost at "I'm sorry."

When the defendant's car struck you,
where did you land?

-I have photos.
-[Judy] I'd like to see it.

Um, it kind of shows
in the second photo there.

[Judy] Oh, you hit her windshield.
Who hit her windshield? Was that you?

-We both did, Your Honor.
-Both.

And the hood.

[Jennifer]
That's not true. I only saw the...

The... her husband, that he hit...
he hit the shield.

It wasn't her.

What an idiot.

[woman gasps] Oh, God.

[Judy]
Kevin, I would like you to show...

Ms. Santiago that photograph.
And this one.

[Judy]
Can I see the police report, please?

[Sarah] Sure.

-See?
-[indistinct]

I'd also like you to show her these.

-I just want...I just want her to...
-[bailiff] Of course.

Take a look at them.

To know what happens
when you act irresponsibly

and you do things
that you're not supposed to do.

Like take a car and drive it
when you have no license,

when you failed your driving test twice.

[theme music playing]

"The yellow warning lights
next to the crosswalk were flashing."

They were not.

"Witness One observed Plaintiff One
driving northbound

towards the crosswalk at a fast speed.

-She drove through"...
-I was not speeding.

I'm speaking! Not you!

-I was not driving fast speed.
-[Judy] I'm speaking, not you!

[theme music playing]

[narrator]
Lisa Hildreth and Reza Mahasseni

are accusing


of hitting them in a crosswalk
while she was driving without a license.

-Okay. Your last name is...?
-Giles.

-[Judy] You spoke to the police that day.
-Uh, yes, I did.

[Judy] I don't know what you're
doing here as a witness.

"She stated
she did not see what happened."

That's what it says here.

-I...
-[Judy] Just a second.

That's what it says here.

Uncross your arms.
Now you can sit down.

"Giles stated she
did not see what happened.

However, she identified
Ms. Santiago as the driver."

And then there was a witness.

"Witness One stated she was
riding as a passenger in a vehicle

driving northbound on
the 3100 block of Carlsbad Boulevard.

The two plaintiffs were crossing
the road in a marked crosswalk

on the south side of the intersection
of Carlsbad Boulevard and Oak Avenue.

The two were crossing
from the west side of the street

to the east side of the street.

The yellow warning lights
next to the crosswalk were flashing."

They were not.

"Witness One observed
Plaintiff One driving northbound

towards the crosswalk at a fast speed.

-I was not speeding.
-She drove through... I'm speaking!

Not you.

-I was not driving fast speed.
-I'm speaking, not you!

I'm reading from a statement
in the police report from a witness

who stopped when this accident
happened that you don't know.

Neither do you.

Mm-mm.

[Judy] Okay, so now we have a witness
who neither one of you know

who said the yellow lights were flashing.

Even if they weren't,
there's a crosswalk

and there are signs
that said "pedestrian."

But this witness
says the lights were flashing.

Then the officer who did
a blood test there for alcohol

states as follows:
"During the investigation, P. One,"

that would be you, "displayed
objective symptoms of intoxication.

I noticed her eyes were slightly red
and watery. Her speech was very quiet.

I determined P. One was
under the influence of cannabis."

-That's not true, Your Honor.
-[Judy] Just a second.

Do you have any
supplementary police reports?

The only other thing that I have
from the officer is an email that he...

-[Judy] No, no, no. An email to whom?
-Okay.

An email from the police officer to us.

-[Judy] I'd like to see it.
-Sure.

-Thank you.
-Yes, ma'am.

Okay, so what you said
to the police officer was...

and the police officer
responded to you

that the report came back negative.

Correct.

[Judy] And he said,
"I'm not changing it."

Therefore, it's not a criminal matter.

-You have to sue her civilly.
-Correct.

Because clearly,
the accident was her fault.

[Lisa] Correct.

Were you taken to the hospital that day?

-We both were.
-Mm-hmm.

-And you were taken to jail?
-Yeah.

[Judy] When was the last time
you took a driving test?

-Month and year.
-I haven't taken no driving test.

When was the last time you took...?

You took a driving test, madam,
you failed twice.

It was a long... it was a long...

[Judy] So I want to know when the last
time was that you took a driving test.

I can't remember. It was a long time ago.

Did you take a driving test
in the year 2021?

Yeah, I did.

-Did you pass that driving test?
-No.

Was that your third
or fourth driving test?

That was the second.

No, the se... you took two,
according to your friend, before 2020.

-[Jennifer] I know.
-[Judy] So I asked you,

in 2021, did you take it?
You said yes, you didn't pass it.

And I asked you, was that the
third or the fourth test that you had?

-That was my second.
-[Judy] No.

I don't know how much more
that a court system can do

but to say to people
who don't have driver's licenses,

especially in your case where you try to
get a license but failed to pass

on at least two occasions
before this incident,

which means that you are a risk
to be on the road

because you couldn't pass
a driving test twice before this incident.

Now, you want to tell me
whether you...

and this requires a short answer,
not one of your long ones.

Did you have your mother's permission
to take the car that day,

-to pick her up and go to the beach?
-No.

Have you ever had your mother's permission
to take the car and go anywhere?

No.

So, in effect, if you had no license

and you didn't ask for permission,
then you stole the car.

No.

-What do you mean, no?
-[Jennifer] I...

You didn't have permission
of the owner to take the car.

You weren't a licensed driver,
therefore there was no insurance.

How'd you... Let's go back.

Did you ever ask
your mother to use the car?

No, not at all.

[Judy] And what happened after you
had this accident in your mother's car

and after you got out of jail?

What happened
between you and your mother?

Well, she was sad

'cause I was in jail and, well,
she was also mad.

'Cause, like, why would I take
the car without her permission?

Why did you take
the car without her permission?

Well, I honestly didn't
thought that this would happen.

Nobody thinks that
an accident is gonna happen.

I don't think you intentionally
hit these two people.

[Jennifer] No.

[Judy] I don't think you
intentionally hit these two people.

Are you ready to say "I'm very sorry" yet?

Uh, yeah, I told them through...
we have talked before.

I told them that I was sorry.

And I'm telling them again that I'm sorry.

[Judy]
Good. That's better.

Judgment for the plaintiff
in the amount of $10,000. We're finished.

[bailiff]
This court is adjourned.

[theme music playing]

Well, I'm really pleased
with the judge's decision.

I didn't see anything
until the guy hit the windshield.

We have a young child,
so we understand that the driver

was young and mistakes happen.

I started screaming and I was scared.

For about three hours in the hospital,

I didn't know if she was
going to live or die, basically.

I was so scared.
Like, I just stayed there. I was in shock.

It's been rough.

Uh, I told them that I was sorry that...

the accident happened.

I had, like, internal bleeding in my arm.

I have loss of range of motion in my hand.

Well, I honestly, I didn't even went
to see them because I was so scared.

It was the unluckiest day
and the luckiest day of our life.

So we're here and we're grateful for that.

I was super scared, like...

I was like, I k*lled them.

Like, I was crying in jail.

We both have to deal with
physical injuries, but like Lisa said,

it was the unluckiest
and luckiest moment of our lives.

So we're grateful that we're here.

Being pretty close to 18 myself,
I can understand driving

my father or mother's car,
maybe not understanding

if they had insurance
or me not having insurance myself,

so I could understand
and sympathize maybe,

with not knowing
whether a car was insured or not.

But you know for sure
if you went one time, two times,

three times
and did not pass a driver's test

and you don't hold a license
in your wallet at 18,

you know whether or not
you have a license.

-And that's unacceptable.
-Yeah.

No one expects an accident.

-That's the point.
-Yeah.

-I really felt sorry for those two people.
-I did too.

Out for a stroll
and their life is changed.

Mm-hmm.

[narrator]
Want justice?



[theme music playing]