Adventures in Jurisprudence
I had jury duty a couple of weeks ago. It's funny how the experience is a combination of people alternately kissing your butt and treating you like cattle. Or maybe that's just me.
Naturally, I was chosen for the jury. I really didn't want to be, since if I don't work, I don't get paid. But I'm just too attentive for my own good. It was a civil case, thankfully, and it only took two days for our part to be over with.
The case has been kind of staying in my mind, which I really hadn't expected. It was a pretty straightforward auto accident, with the guy who was hit suing the guy who hit him for his chiropractor bill and pain and suffering.
We in the jury did wonder why insurance didn't take care of it, but that was never addressed in the trial. I'm fairly certain, though, that it's because the hit-ee is an illegal immigrant. If that wasn't the reason, I'd still bet that it had something to do with it. There was no claim against the vehicle damage, but the truck didn't belong to the hit-ee.
I'm pretty liberal in my politics. I don't really have anything against illegal immigrants, because I figure they're putting a decent amount of money back into the local economy, not just draining it. I certainly wouldn't argue that illegals have no rights in the countries they're living in.
But now I'm thinking about all the resources this trial took up. The plaintiff had to have a translator in the courtroom. The county had to pay for the jurors, the judge, the bailiff, etc. And the plaintiff was suing the driver, not his insurance company, so this poor guy was having to foot the bill for his own lawyer and such.
The accident happened over two years ago. I can only imagine how long this whole thing has been costing people money.
I'm not saying this is the plaintiff's fault simply because he's illegal. The defendant rear-ended him during rush hour traffic on a busy interstate in one of the worst cities for traffic in this country. Heck, he even said under oath that he was at fault in the accident. But the suit alleged that it was negligence on the defendant's part that caused the accident, and we just didn't find that the defendant was negligent. (We did feel that "at fault" didn't necessarily mean "negligent.")
But I have to wonder that we live in a country were someone can be actively breaking the law, in a situation where pretty much everyone knows he's breaking the law, and take someone else to court. He didn't deserve to get hit, it wasn't his fault he got hit, but he's actively breaking the law. I would think at some point you have to be aware that there could be all sorts of negative consequences from that decision that you simply couldn't anticipate. If I were to be an illegal immigrant in... let's say Ireland... there's no way I would willingly do anything that would draw the attention of the authorities to my existence. Even if it meant being in pain from an auto accident.
I do feel badly for the plaintiff in the case, but I feel badly for the defendant, too. This is the sort of thing you have insurance for (and I'm pretty sure the police report did say that he had insurance). But because the person he hit is an illegal immigrant, he's having to go through all of this crap, and the cost of it is coming out of his own pocket, most likely. The time this is all taking is time he'll never get back, if nothing else.
So I'm not quite sure how I feel about all this. I guess it really doesn't matter, because that's the system we have in place, but it does make me ponder both sides of the immigration debate in a way I probably wouldn't have before.
By the way, the plaintiff's lawyer said when the verdict was read that he'll be appealing. So it's not over yet for anyone except the six of us who sat on this jury.
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