CdnJCR said:
"but his LACK of injuries to me is not a concern. I see it as very possible to have such minimal injuries, and be fearful of grave damages being inflicted."
I agree with the above but is it at all possible that either one could be fearful of the other inflicting grave damages ?
Anything is possible, and where the instructions to the juriors is so important. We must remove emotion and think how a REASONABLE PERSON would respond to each point of the case and respond to the letter of law with the verdict.
I hate to keep using events relating to my daughters accident as examples, but my child was hurt by an idiot ... ie, a drunk driver. I want to see the law applied, but I can forgive the person for their lack in judgement and be "ok" with whatever the court decides. It is unacceptable, but a reasonable person can believe someone would drink too much and drive. It was an unfortunate event. What I can NOT accept, nor forgive, and what will have my daughter and I at every court date is the person FLED the scene of "an accident with injury", leaving my daughter ALONE, FRIGHTEND and INJURED. (The one witness of the accident chose to chase the truck, before losing the truck and returning to the accident scene.) THAT is not how a reasonable person responds. Even when we make mistakes, it is HUMAN to offer whatever aid we can. While this person was clearly intoxicated, we have three pages of police reports clearly stating this driver was able to think "rationally" and that is what changes my acceptace of the events.