1 00:00:00,433 --> 00:00:02,166 You hit the plaintiff's parked car? 2 00:00:02,233 --> 00:00:03,333 Yes, ma'am. 3 00:00:03,400 --> 00:00:04,266 So right on-- 4 00:00:04,333 --> 00:00:05,767 [tuts] Were you there? 5 00:00:06,033 --> 00:00:07,367 - No, ma'am. - Sit down. 6 00:00:09,133 --> 00:00:11,533 You were approaching an intersection. 7 00:00:11,600 --> 00:00:12,767 I passed his vehicle and-- 8 00:00:12,834 --> 00:00:13,934 But you weren't there. 9 00:00:15,734 --> 00:00:16,767 You can leave. 10 00:00:16,834 --> 00:00:18,967 [narrator] This is Judy Justice. 11 00:00:19,967 --> 00:00:22,400 ♪ 12 00:00:36,200 --> 00:00:38,967 {\an8}Bobby Gonzales is suing his neighbors, 13 00:00:39,033 --> 00:00:42,000 {\an8}John and Heather Gilbert, for truck damage. 14 00:00:42,066 --> 00:00:44,233 [bailiff] Court come to order. All rise. 15 00:00:44,734 --> 00:00:45,867 {\an8}Have a seat, please. 16 00:00:47,367 --> 00:00:51,033 Hello, Judge. Case 2095. Gonzales versus Gilbert. 17 00:00:51,100 --> 00:00:52,467 - Thank you. - You're welcome. 18 00:00:54,633 --> 00:00:56,734 - {\an8}- - Mr. Gonzales. Yes, ma'am. 19 00:00:56,800 --> 00:01:01,333 {\an8}[Judy] You're seeking substantial amount of money to refurbish your car 20 00:01:01,400 --> 00:01:05,700 after it was hit by the defendant's car while your car was parked? 21 00:01:05,767 --> 00:01:06,734 Yes, ma'am. 22 00:01:06,800 --> 00:01:09,700 [Judy] The defendants are seeking the same amount of money 23 00:01:09,767 --> 00:01:11,600 because they say that despite the fact 24 00:01:11,667 --> 00:01:15,333 that one of them did, in fact, hit your parked car, 25 00:01:15,400 --> 00:01:16,433 it was your fault. 26 00:01:16,500 --> 00:01:18,000 - That's your defense? - Yes, ma'am. 27 00:01:18,066 --> 00:01:19,533 Okay. Who was driving? 28 00:01:19,600 --> 00:01:20,567 I was driving. 29 00:01:20,633 --> 00:01:24,166 Okay. Mr. Gilbert, on what date did this incident happen? 30 00:01:24,233 --> 00:01:25,467 February 3rd. 31 00:01:25,533 --> 00:01:26,500 What time? 32 00:01:26,567 --> 00:01:29,133 {\an8}About 5-- 5:30 in the morning. 33 00:01:29,200 --> 00:01:30,934 {\an8}[Judy] Who was in the car with you? 34 00:01:31,000 --> 00:01:34,200 Nobody. I was by myself. I was going to pick up my son. 35 00:01:34,266 --> 00:01:36,166 You were going to pick up your son from where? 36 00:01:36,233 --> 00:01:38,300 From his mother's house to take him to school. 37 00:01:38,367 --> 00:01:39,600 And where does he go to school 38 00:01:39,667 --> 00:01:41,600 that he has to be there at 5:30 in the morning? 39 00:01:41,667 --> 00:01:42,967 He doesn't have to be there at 5:30. 40 00:01:43,033 --> 00:01:45,333 I have to leave at 5:30 to get him there by seven. 41 00:01:45,400 --> 00:01:46,967 Do you take him to school every day? 42 00:01:47,033 --> 00:01:49,800 - No. - What was different about February 3rd? 43 00:01:49,867 --> 00:01:51,100 His mother, stepfather, 44 00:01:51,166 --> 00:01:53,700 and the rest of their family was out of town. 45 00:01:53,767 --> 00:01:55,834 They had asked me to take him to school that day. 46 00:01:55,900 --> 00:01:57,834 - {\an8}- - Just for that one day? - Yup. 47 00:01:57,900 --> 00:01:59,200 {\an8}"Yup" is not an answer. 48 00:01:59,266 --> 00:02:00,567 - {\an8}- - Oh, yes. Yes, ma'am. - [Judy] "Yes" is an answer. 49 00:02:00,633 --> 00:02:03,400 Okay, so it's about 5:30 in the morning and...? 50 00:02:03,467 --> 00:02:04,567 I left my house. 51 00:02:04,633 --> 00:02:06,367 - It was raining, it was cold. - [Judy] Look at me. 52 00:02:06,433 --> 00:02:08,500 It's pretty much the same route I take every day. 53 00:02:08,567 --> 00:02:09,667 Not at that same time. 54 00:02:10,166 --> 00:02:14,734 I was approaching a stop sign at an intersection by the plaintiff's house, 55 00:02:14,800 --> 00:02:17,433 and I seen, I guess, either a reflection or what I thought 56 00:02:17,500 --> 00:02:20,967 were lights headed in my direction, so I swerved. And... 57 00:02:21,033 --> 00:02:23,033 Okay, you're still traveling, so you're moving. 58 00:02:23,100 --> 00:02:25,867 Does somebody have a diagram of where this happened? 59 00:02:25,934 --> 00:02:27,700 {\an8}- [John] Yeah. - [Judy] There it is. 60 00:02:27,767 --> 00:02:30,767 {\an8}Okay. You were approaching a stop sign? 61 00:02:30,834 --> 00:02:32,800 {\an8}Yeah, I was approaching an intersection. 62 00:02:32,867 --> 00:02:34,800 - [Heather] So right-- - [tuts] 63 00:02:34,867 --> 00:02:36,400 - Were you there? - No, ma'am. 64 00:02:36,467 --> 00:02:38,066 - Sit down. - Yes, ma'am. 65 00:02:40,133 --> 00:02:42,734 [Judy] You were approaching an intersection. 66 00:02:42,800 --> 00:02:44,633 - Yes. - It's a two-way road. 67 00:02:44,700 --> 00:02:46,967 - {\an8}- - Yeah. - [Judy] And it looks to me from that, 68 00:02:47,033 --> 00:02:48,934 {\an8}is that an accurate representation? 69 00:02:49,000 --> 00:02:51,433 {\an8}Yeah, except for there was another vehicle on the other side of the road. 70 00:02:51,500 --> 00:02:53,700 {\an8}[Judy] Okay, but it looks to me that you're traveling 71 00:02:53,767 --> 00:02:55,800 {\an8}- sort of in the middle of the road. - Yeah, it-- 72 00:02:55,867 --> 00:02:58,367 [Judy] Okay, and a car is coming from something, 73 00:02:58,433 --> 00:02:59,433 you're not sure what. 74 00:02:59,500 --> 00:03:00,734 - Yeah, I-- - I wasn't sure what it was. 75 00:03:00,800 --> 00:03:01,867 You were not sure what. 76 00:03:01,934 --> 00:03:05,200 - And I swerved. I-- - I just got over to the proper side of the road. 77 00:03:05,266 --> 00:03:08,700 And your car swerved, and when your car swerved, 78 00:03:08,767 --> 00:03:12,867 {\an8}it hit that blue car that's sitting there, that's the plaintiff's car, 79 00:03:12,934 --> 00:03:14,767 that was sitting in front of his house. 80 00:03:14,834 --> 00:03:16,166 - Mm-hmm. - "Uh-huh" is not an answer. 81 00:03:16,233 --> 00:03:18,166 - Yes, ma'am. - [Judy] Yes. Okay. 82 00:03:18,900 --> 00:03:21,900 Now, do you want to tell me what you did next? 83 00:03:22,467 --> 00:03:25,834 I went through the intersection, turned around to follow what I thought 84 00:03:25,900 --> 00:03:27,633 might have been a vehicle headed in my direction, 85 00:03:27,700 --> 00:03:30,734 {\an8}and when I didn't see a vehicle, I took my vehicle home, 86 00:03:30,800 --> 00:03:32,633 {\an8}I parked it, I got my insurance information, 87 00:03:32,700 --> 00:03:35,433 {\an8}my driver's license, and I walked back to his house 88 00:03:35,500 --> 00:03:37,266 to trade insurance information with him. 89 00:03:37,333 --> 00:03:39,700 Okay. You have a video of this incident? 90 00:03:39,767 --> 00:03:41,900 - {\an8}- - Yes, ma'am. - [Judy] From where? 91 00:03:41,967 --> 00:03:43,233 {\an8}From my surveillance camera. 92 00:03:43,300 --> 00:03:45,767 {\an8}Is it set up for me to watch it here? 93 00:03:45,834 --> 00:03:47,633 - Yes, ma'am. Yes, it is. - [Judy] Okay, I'm ready. 94 00:03:48,533 --> 00:03:50,734 - That's your car served at this--? - [Bobby] Yes. 95 00:03:51,467 --> 00:03:53,100 [Judy] Okay, let's see that again. 96 00:03:54,834 --> 00:03:56,567 [John] That's how the truck is covered. 97 00:03:56,633 --> 00:04:00,200 Okay, so you hit the plaintiff's car hard enough 98 00:04:00,266 --> 00:04:01,734 to push it up on the curb. 99 00:04:01,800 --> 00:04:03,266 Speed limit is 30 miles an hour. 100 00:04:03,333 --> 00:04:04,734 I just asked you a question. 101 00:04:04,800 --> 00:04:08,700 It looks as if you hit it hard enough to push it up on the curb. 102 00:04:08,767 --> 00:04:09,633 Yes, I did. 103 00:04:09,700 --> 00:04:12,300 [Judy] But you told me a moment ago, Mr. Gilbert, 104 00:04:12,367 --> 00:04:16,133 and you just piped in that the speed limit there is 30 miles an hour, 105 00:04:16,200 --> 00:04:19,033 you said you were slowing down for a stop sign. 106 00:04:19,100 --> 00:04:20,333 I said I was approaching a stop sign. 107 00:04:20,400 --> 00:04:21,934 [Judy] Well, when you're approaching a stop sign, 108 00:04:22,000 --> 00:04:24,667 you don't approach a stop sign at 30 miles an hour, 109 00:04:24,734 --> 00:04:27,066 especially if it's in a neighborhood that you've been in. 110 00:04:27,133 --> 00:04:29,734 But according to you, you drive that neighborhood 111 00:04:29,800 --> 00:04:33,066 regularly, however, not at that time. 112 00:04:33,133 --> 00:04:34,600 - That's what you said. - [John] Yes, ma'am. 113 00:04:34,667 --> 00:04:37,200 So if you are approaching a stop sign-- 114 00:04:37,266 --> 00:04:40,700 when I approach a stop sign, and if I know there's a stop sign there, 115 00:04:40,767 --> 00:04:44,200 I start applying my brakes a little bit before. 116 00:04:44,300 --> 00:04:46,767 Now I do drive with some people 117 00:04:46,834 --> 00:04:50,834 who sort of like to play chicky with a stop sign, you know? 118 00:04:50,900 --> 00:04:52,867 Maybe the stop sign is gonna move. 119 00:04:52,934 --> 00:04:54,467 Maybe it's going to become a welcome mat, 120 00:04:54,533 --> 00:04:56,834 so they wait until they get right up to it 121 00:04:56,900 --> 00:04:58,767 and put their brakes on. 122 00:04:58,834 --> 00:05:01,100 But that's not what you told me you did. 123 00:05:01,166 --> 00:05:02,066 No, ma'am. 124 00:05:02,133 --> 00:05:05,934 Okay, so now I'm going to say if you were going very slowly, sir, 125 00:05:06,000 --> 00:05:09,333 approaching a stop sign, you wouldn't have hit his car 126 00:05:09,400 --> 00:05:12,967 with such force that you push him up on the curb. Okay. 127 00:05:13,033 --> 00:05:17,400 {\an8}Your defense is, to this action, as I said, that he was parked 128 00:05:17,467 --> 00:05:20,500 and he had this car that was covered, 129 00:05:21,166 --> 00:05:24,834 and it was parked facing the wrong direction, 130 00:05:24,900 --> 00:05:29,667 which is totally irrelevant as to what facing the wrong direction. 131 00:05:29,734 --> 00:05:30,900 Not according to Texas state law. 132 00:05:31,433 --> 00:05:34,834 It's covered over, so you don't know which direction it was facing 133 00:05:34,900 --> 00:05:38,266 and certainly, the light wasn't on it. If you're st-- 134 00:05:38,333 --> 00:05:40,567 I've-- I've-- I've passed, like, I've passed this-- 135 00:05:40,633 --> 00:05:42,333 I didn't ask you for anything! 136 00:05:42,400 --> 00:05:43,533 You weren't there. 137 00:05:43,600 --> 00:05:44,934 - Yes, ma'am. - [Judy] You weren't there. 138 00:05:45,000 --> 00:05:47,066 - Yes, ma'am, but-- - She lives in the neighborhood. 139 00:05:47,133 --> 00:05:48,500 - {\an8}- - She drives by it every day. - [Heather] I lived in this neighborhood-- 140 00:05:48,567 --> 00:05:49,567 {\an8}- for--for seven years. - [Judy] Just a second! 141 00:05:49,633 --> 00:05:51,433 {\an8}What do I need that for? I have a video. 142 00:05:51,500 --> 00:05:54,300 [John] Okay. Did you see the stop sign in the video? 143 00:05:54,367 --> 00:05:55,233 No. 144 00:05:55,300 --> 00:05:57,300 You have no idea how close I was. 145 00:05:57,367 --> 00:06:01,467 You just told me you were approaching a stop sign. 146 00:06:01,533 --> 00:06:03,133 - Yeah, there is a stop sign. - [Judy] Would you read that back to me? 147 00:06:03,200 --> 00:06:04,133 - Would you--? - There is a stop sign. 148 00:06:04,200 --> 00:06:05,533 Would you read that back to me? 149 00:06:05,600 --> 00:06:07,700 "I was approaching a stop sign." 150 00:06:07,767 --> 00:06:09,367 Does he say "I slowed down, 151 00:06:09,433 --> 00:06:11,200 I was approaching a stop sign"? 152 00:06:11,266 --> 00:06:12,233 I don't remember. 153 00:06:12,300 --> 00:06:13,834 - [John] I didn't say-- I did not say-- - [Heather indistinct] 154 00:06:13,900 --> 00:06:15,066 Now you can leave. 155 00:06:15,133 --> 00:06:18,200 - [John] I did not say I was slowing down. - Now you can leave. 156 00:06:21,934 --> 00:06:24,800 [John] I did not say I was slowing down. I said I was approaching a stop sign. 157 00:06:24,867 --> 00:06:28,266 Okay, that's what I thought, but that's why we have Whitney. 158 00:06:28,367 --> 00:06:32,300 He says he was approaching a stop sign, an intersection by the plaintiff's house. 159 00:06:32,400 --> 00:06:34,567 "And I can see either a reflection or what 160 00:06:34,633 --> 00:06:37,266 I see lights headed in my direction, so I swerve--" 161 00:06:37,333 --> 00:06:40,467 Okay, I would like to see that video again one more time. 162 00:06:40,533 --> 00:06:44,500 I would like to see if I see something coming towards you. 163 00:06:44,567 --> 00:06:47,500 Actually, I don't see another vehicle coming towards you. 164 00:06:47,567 --> 00:06:49,233 Is that a truck parked there? 165 00:06:49,300 --> 00:06:52,834 It's a food truck behind it. It's like catty corner to his vehicle. 166 00:06:52,900 --> 00:06:55,967 There's a food trailer there that had all of the light, like right-- 167 00:06:56,033 --> 00:06:57,867 [Judy] A food truck on the other side of the street. 168 00:06:57,934 --> 00:06:59,967 - Yes, ma'am. - A food truck that you could see. 169 00:07:00,100 --> 00:07:01,900 But that's parked-- - -[John] Well, I-- - I assume 170 00:07:01,967 --> 00:07:04,133 {\an8}since there was no actual lights coming, 171 00:07:04,200 --> 00:07:07,700 {\an8}I assume maybe that's what reflected, light reflected off of. 172 00:07:07,800 --> 00:07:08,800 You don't assume anything. 173 00:07:08,867 --> 00:07:11,567 All you know is you saw something that made you swerve. 174 00:07:11,633 --> 00:07:14,233 - Yes, ma'am. - [Judy] Whether it was there or not there. 175 00:07:14,300 --> 00:07:17,700 So am I getting the fact that your total defense is based on 176 00:07:17,767 --> 00:07:19,867 the fact that his car shouldn't have been parked there? 177 00:07:19,934 --> 00:07:21,467 Yes, ma'am. Or covered. 178 00:07:21,533 --> 00:07:25,266 Yeah, well but that's a fineable offense, Mr. Gilbert. That fineable-- 179 00:07:25,333 --> 00:07:27,834 Fineable if it doesn't cause an accident. 180 00:07:27,900 --> 00:07:30,700 No, I don't think it caused the accident. You caused the accident. 181 00:07:30,767 --> 00:07:32,367 - You caused the accident. - [John] I didn't cause the accident. 182 00:07:32,433 --> 00:07:34,000 That's an inert object. 183 00:07:34,066 --> 00:07:35,533 According to my HOA guidelines, 184 00:07:35,600 --> 00:07:37,767 that vehicle is supposed to be in his garage. 185 00:07:37,834 --> 00:07:41,367 According to Texas state law, it's not supposed to be on the road. 186 00:07:41,433 --> 00:07:44,400 And I'm going to tell you I absolutely agree with you that 187 00:07:44,467 --> 00:07:48,100 that's a fineable offense if his car is parked. 188 00:07:48,166 --> 00:07:51,000 - So he's-- he-- - [Judy] You're trying to interrupt me. 189 00:07:51,066 --> 00:07:53,633 - Okay. - [Judy] That it's a fineable offense. 190 00:07:53,700 --> 00:07:56,066 The question is, 191 00:07:56,133 --> 00:08:00,767 is his car being parked illegally, 192 00:08:00,834 --> 00:08:04,000 the proximate cause of this accident? 193 00:08:04,066 --> 00:08:05,333 - That's the question. - You're damn right it is. 194 00:08:05,400 --> 00:08:06,734 Would that be a fair--? 195 00:08:07,233 --> 00:08:09,133 I didn't ask you a question unless you went to law school. 196 00:08:09,567 --> 00:08:11,500 - Huh? [indistinct] - [Judy] Not unless you went to law school. 197 00:08:11,567 --> 00:08:13,800 Am I in the realm? You're closer than that. 198 00:08:13,867 --> 00:08:17,533 You know, it was Palsgraf versus Long Island Railroad. 199 00:08:17,633 --> 00:08:20,100 His car may have been parked in the wrong spot. 200 00:08:20,166 --> 00:08:21,033 Yeah. 201 00:08:21,100 --> 00:08:26,400 If you had somebody that left a baby carriage with a baby 202 00:08:26,467 --> 00:08:30,734 on the street, which is certainly against the law 203 00:08:30,800 --> 00:08:34,100 and would be a neglectful act on the part of the parent, 204 00:08:34,166 --> 00:08:37,433 and if you happen to swerve up to avoid something 205 00:08:37,500 --> 00:08:39,400 and hit that baby carriage, 206 00:08:39,467 --> 00:08:43,433 you can't say that baby carriage is the cause of the accident. 207 00:08:43,500 --> 00:08:45,433 - You're the cause of the accident. - [John] No, the carriage isn't-- 208 00:08:45,500 --> 00:08:47,767 No. The owner of the baby carriage is. 209 00:08:47,834 --> 00:08:50,066 - No, you are. - No, they are. 210 00:08:50,133 --> 00:08:51,200 [Judy laughs] 211 00:08:51,266 --> 00:08:53,266 How am I responsible for their baby carriage? 212 00:08:53,333 --> 00:08:55,633 Because your car is moving, sir, 213 00:08:55,700 --> 00:08:58,033 and if you're approaching a stop sign, you're not supposed to be going-- 214 00:08:58,100 --> 00:09:01,600 If the vehicle wasn't covered, you could see the reflectors that are on it. 215 00:09:01,700 --> 00:09:03,000 That's what they're there for. 216 00:09:03,066 --> 00:09:04,200 Reflectors on what? 217 00:09:04,266 --> 00:09:06,667 Yeah. Reflectors on the truck that's covered. 218 00:09:06,734 --> 00:09:08,900 They have headlights, turn signals, 219 00:09:08,967 --> 00:09:10,834 everything that's reflective that you could see. 220 00:09:10,900 --> 00:09:14,467 There was no reflectors or signals for me to see to know it was there. 221 00:09:14,567 --> 00:09:17,066 You would have hit it whether it was covered or not. 222 00:09:17,133 --> 00:09:18,867 - That's horse... - [Judy stammers] 223 00:09:18,934 --> 00:09:21,066 Very good. May I please see-- 224 00:09:21,133 --> 00:09:23,834 That's horse... [indistinct] could I see this? 225 00:09:23,900 --> 00:09:28,000 Kevin, I want to see what he's got as far as work for the car. 226 00:09:28,066 --> 00:09:29,266 [John sighs] 227 00:09:31,900 --> 00:09:34,700 Okay, so this is clearly a project car, sir. 228 00:09:34,767 --> 00:09:36,800 - [Bobby] Yes, ma'am. - Yeah, it's a piece of... It don't run. 229 00:09:37,200 --> 00:09:38,500 - Get him out of here. - [bailiff] Let's go. 230 00:09:38,567 --> 00:09:39,734 [Judy] He's done. 231 00:09:39,800 --> 00:09:41,800 - [Judy] He's done. - Okay. 232 00:09:41,867 --> 00:09:42,734 [bailiff] Here you are. 233 00:09:44,800 --> 00:09:46,967 Oh, that makes my life so much easier. 234 00:09:48,233 --> 00:09:49,867 [narrator] And later today... 235 00:09:49,934 --> 00:09:51,367 [Judy] You know, you wanted to go, 236 00:09:51,433 --> 00:09:52,500 there was no reason why you couldn't, 237 00:09:52,567 --> 00:09:54,233 {\an8}that's why you drive a motorcycle. 238 00:09:54,300 --> 00:09:57,166 {\an8}'Cause you can get into tight places, and you can go. 239 00:09:57,233 --> 00:09:59,834 {\an8}What, you look like an intelligent young woman. 240 00:09:59,900 --> 00:10:00,834 {\an8}Thank you, Your Honor. 241 00:10:00,900 --> 00:10:02,200 {\an8}[Judy] Don't take chances. 242 00:10:02,266 --> 00:10:05,367 {\an8}That was a chance. It could have been a lot worse. 243 00:10:05,433 --> 00:10:06,967 ♪ 244 00:10:10,500 --> 00:10:13,166 ♪ 245 00:10:17,033 --> 00:10:20,533 [narrator] Bobby Gonzales claims his neighbor John Gilbert 246 00:10:20,600 --> 00:10:22,467 hit his classic pickup truck. 247 00:10:22,567 --> 00:10:25,834 John is countersuing for car damage and harassment. 248 00:10:25,900 --> 00:10:30,200 By the way, both the defendant and his wife have a counterclaim. 249 00:10:30,266 --> 00:10:34,133 Their counterclaim is for damages 250 00:10:34,200 --> 00:10:36,500 to their car and for harassment. 251 00:10:36,567 --> 00:10:39,400 Well, since neither one of them can keep control of themselves, 252 00:10:39,467 --> 00:10:41,467 the counterclaim is dismissed. 253 00:10:41,533 --> 00:10:44,834 I'm looking at this truck, Mr. Gonzales. 254 00:10:44,900 --> 00:10:47,533 When did you purchase it, sir, and from whom? 255 00:10:47,600 --> 00:10:50,333 In October of... last year. 256 00:10:50,400 --> 00:10:51,867 I purchased it online. 257 00:10:51,934 --> 00:10:53,900 Do you have the bill of sale from when you purchased it? 258 00:10:53,967 --> 00:10:55,934 I don't have the bill of sale, but on--on the paperwork, 259 00:10:56,000 --> 00:10:58,800 I have the post on Facebook and how much I paid for it. 260 00:10:58,867 --> 00:11:00,433 - It was for $8,000. - [Judy] Okay. 261 00:11:00,500 --> 00:11:02,467 I also have an appraisal on there as well. 262 00:11:02,533 --> 00:11:04,967 I see the appraisal, but I don't have what it's going to take 263 00:11:05,033 --> 00:11:08,300 to fix the spot where he damaged the car. 264 00:11:08,367 --> 00:11:10,867 He damaged the car in this whole side end. 265 00:11:10,934 --> 00:11:12,667 - Yes. - I mean, he's not going to give you 266 00:11:12,734 --> 00:11:13,633 a classic car. 267 00:11:13,700 --> 00:11:15,200 - Well, I know he's not. - [Judy] That's not going to happen. 268 00:11:15,266 --> 00:11:17,400 - I know. [chuckles] - [Judy] Okay. That's not going to happen. 269 00:11:17,467 --> 00:11:19,266 And certainly, you do understand 270 00:11:19,333 --> 00:11:21,667 that I'm not awarding you anything close 271 00:11:21,734 --> 00:11:24,367 even though they're two obnoxious people, 272 00:11:24,433 --> 00:11:27,567 anything close to $10,000. You do understand that, Mr. Gonzales. 273 00:11:27,633 --> 00:11:30,734 You're going to have to get this car fixed right now. 274 00:11:30,800 --> 00:11:36,000 I'm looking-- where is an invoice for either the work you had done 275 00:11:36,066 --> 00:11:40,300 or an estimate to fix that part of the car that he injured? 276 00:11:40,367 --> 00:11:41,300 {\an8}I cannot give that to you, 277 00:11:41,367 --> 00:11:43,900 {\an8}- because the vehicle is a classic. - [Judy] Then I don't have it. 278 00:11:43,967 --> 00:11:46,166 {\an8}It's very hard to find that type of vehicle. 279 00:11:46,233 --> 00:11:49,100 Well, then what you're asking me is to guess, so-- 280 00:11:49,166 --> 00:11:52,367 Well, I can give you the rates as far as how much. 281 00:11:52,467 --> 00:11:54,166 - You can't give me anything. - [Bobby] Okay. 282 00:11:54,266 --> 00:11:58,667 You have to take the car into somebody who deals with classic cars. 283 00:11:58,734 --> 00:12:02,734 This is a 70-year-old truck, and it's certainly beat up. 284 00:12:02,800 --> 00:12:04,567 You had it covered for a long time. 285 00:12:04,633 --> 00:12:06,967 It shouldn't have been on the street. You do know that? 286 00:12:07,033 --> 00:12:10,533 And I assume that since it's not driven, you didn't have it insured. 287 00:12:10,600 --> 00:12:13,934 Well, I took it out for Halloween, you know, just for the kids. 288 00:12:14,000 --> 00:12:16,500 Well, I mean, where do you suggest 289 00:12:16,567 --> 00:12:20,200 that I conjure up a figure of $10,000 290 00:12:20,266 --> 00:12:23,834 when you have a car that's a year old that has never been driven, 291 00:12:23,900 --> 00:12:26,266 that you take out as a Halloween ornament. 292 00:12:26,333 --> 00:12:29,800 So, let me explain this to you. I have to guess at a figure. 293 00:12:29,900 --> 00:12:33,834 I would be prepared to award you $2,000 to fix your car, 294 00:12:33,900 --> 00:12:36,567 because I did see that it had to be damaged 295 00:12:36,633 --> 00:12:39,467 as a result of the damage to the defendant's car. 296 00:12:39,567 --> 00:12:44,166 If you feel as if you would fare better in your local small claims court 297 00:12:44,233 --> 00:12:45,667 where this case came from, 298 00:12:45,734 --> 00:12:48,367 because I have dismissed their counterclaim, 299 00:12:48,433 --> 00:12:50,567 I will dismiss your case without prejudice, 300 00:12:50,633 --> 00:12:52,934 and you could take it back to the lower court. 301 00:12:53,033 --> 00:12:55,033 - Take your choice. - I'll go ahead and take it from you. 302 00:12:55,100 --> 00:12:56,800 I know I'm not going to get anything from them. 303 00:12:56,867 --> 00:13:00,967 Very good. Judgment for the plaintiff in the amount of $2,000. 304 00:13:01,033 --> 00:13:03,800 Counterclaims dismissed. Fix your car. Thank you. 305 00:13:03,867 --> 00:13:05,233 [bailiff] This court is adjourned. 306 00:13:05,333 --> 00:13:09,000 {\an8}Well, I didn't agree on the price, but with them kind of people, 307 00:13:09,066 --> 00:13:10,500 {\an8}I'm not going to get my money back. 308 00:13:10,567 --> 00:13:11,734 {\an8}Uh, it's time to get it repaired. 309 00:13:12,567 --> 00:13:15,066 [Sarah] I think you have to be a certain kind of person 310 00:13:15,133 --> 00:13:19,166 to not take any accountability when you hit a stationary object. 311 00:13:19,233 --> 00:13:24,767 I'll admit I think that it was probably a 90%-10% split. 312 00:13:24,834 --> 00:13:27,266 10% plaintiff's fault for parking on the street. 313 00:13:27,333 --> 00:13:30,266 I looked up the section code in Texas and did find that 314 00:13:30,333 --> 00:13:32,633 if you leave a car longer than five days on the street, 315 00:13:32,700 --> 00:13:33,934 you're in violation of a code. 316 00:13:34,000 --> 00:13:37,433 But like you tried to explain to the very hot-headed defendant, 317 00:13:37,500 --> 00:13:39,166 that's a fineble offense. 318 00:13:39,233 --> 00:13:43,300 That doesn't mean you can ram into it with your vehicle and not be at fault. 319 00:13:43,367 --> 00:13:45,900 I just don't know how you take zero accountability 320 00:13:45,967 --> 00:13:48,400 - after hitting a stationary object. - I don't know either, 321 00:13:48,467 --> 00:13:52,000 but that's, I think, a problem with a country that's grown up 322 00:13:52,066 --> 00:13:56,333 in the last 50 years, that it's never your fault. 323 00:13:56,400 --> 00:13:57,734 - Yup. - [Judy] It's always somebody else. 324 00:13:57,800 --> 00:14:00,066 It's the state's fault, it's the city's fault. 325 00:14:00,133 --> 00:14:01,367 It's somebody else's fault. 326 00:14:01,433 --> 00:14:05,367 And it's sad, because I know that there was lots of acrimony 327 00:14:05,433 --> 00:14:07,800 - [Sarah] Mm-hmm. - between the two of them without it. 328 00:14:07,867 --> 00:14:08,867 But they were hotheads. 329 00:14:08,934 --> 00:14:10,967 This is the first time you ever saw me send somebody out. 330 00:14:11,033 --> 00:14:12,066 - [Sarah] A long time. - [Judy] Yeah, a long time. 331 00:14:12,133 --> 00:14:13,734 - A long time since I've seen it. - [Judy] Yup. 332 00:14:13,800 --> 00:14:17,133 But when they're clearly not getting the message and they're being hostile, 333 00:14:17,200 --> 00:14:19,133 that's not the proper way to come to court. 334 00:14:19,200 --> 00:14:20,834 - No. - Especially when you're in the wrong. 335 00:14:20,900 --> 00:14:22,767 All right, but they have to live near each other. 336 00:14:22,834 --> 00:14:24,633 I hope that they get-- sort of get it together. 337 00:14:24,700 --> 00:14:26,233 - Just keep your fingers crossed. - [Judy] Yeah. 338 00:14:26,300 --> 00:14:31,300 Case 2067. Garcia versus Tarin. All parties, please step forward. 339 00:14:31,900 --> 00:14:36,266 {\an8}[narrator] Amari Garcia is suing fellow motorist April Tarin 340 00:14:36,333 --> 00:14:38,467 for damages from a motorcycle accident. 341 00:14:39,066 --> 00:14:43,133 This is a case that's about an automobile motorcycle collision. 342 00:14:43,200 --> 00:14:47,066 {\an8}Each one of you claims that the other is responsible for the collision. 343 00:14:47,133 --> 00:14:49,600 {\an8}Miss Garcia, you were riding a motorcycle? 344 00:14:49,667 --> 00:14:51,400 - {\an8}- - Yes, ma'am. - And you were in your car? 345 00:14:51,467 --> 00:14:52,367 Yes. 346 00:14:52,433 --> 00:14:53,967 [Judy] Okay, and this happened on what date? 347 00:14:54,033 --> 00:14:57,600 March 21, 2022. Around 3:00 p.m. 348 00:14:57,667 --> 00:14:59,967 - In what state? - California. 349 00:15:00,100 --> 00:15:01,934 In the state of California, are you required 350 00:15:02,033 --> 00:15:04,300 to have insurance on a motorcycle? 351 00:15:04,367 --> 00:15:06,667 - Yes, Your Honor. - [Judy] Just liability. 352 00:15:06,734 --> 00:15:09,333 Liability if it's paid for in full. Correct. Yes, Your Honor. 353 00:15:09,400 --> 00:15:11,700 And were you insured on that date? 354 00:15:11,767 --> 00:15:13,900 - Yes, Your Honor. - And you were driving a car? 355 00:15:13,967 --> 00:15:14,867 {\an8}Yes. 356 00:15:14,934 --> 00:15:18,633 {\an8}[Judy] And was your car insured on March 21, 2022? 357 00:15:18,700 --> 00:15:20,734 - Not at the time. - [Judy] So the answer is no. 358 00:15:20,800 --> 00:15:21,767 No. 359 00:15:21,834 --> 00:15:26,066 Did you have a valid driver's license on March 21, 2022? 360 00:15:26,133 --> 00:15:27,700 - Yes. - [Judy] From what state? 361 00:15:27,767 --> 00:15:30,200 - California. - [Judy] What kind of car were you driving? 362 00:15:30,266 --> 00:15:32,934 Um, 2011 Nissan Sentra. 363 00:15:33,033 --> 00:15:35,667 Was it a new car for you, or what-- did you have for a while? 364 00:15:35,734 --> 00:15:40,066 {\an8}It's a new car. I purchased it three weeks prior to the incident. 365 00:15:40,133 --> 00:15:41,967 And if you bought it three weeks before, 366 00:15:42,033 --> 00:15:44,300 how come you didn't have liability insurance? 367 00:15:44,367 --> 00:15:46,400 I was looking for insurance. 368 00:15:46,467 --> 00:15:50,400 And plus, at the time, I hadn't received my paperwork. 369 00:15:50,500 --> 00:15:54,166 It was still in the other person's name at the used car dealership 370 00:15:54,233 --> 00:15:56,500 - that I bought it from. - Your Honor-- 371 00:15:56,567 --> 00:15:57,734 You know you're not supposed to be 372 00:15:57,800 --> 00:16:00,166 driving a car, Ms. Tarin, without insurance. 373 00:16:00,233 --> 00:16:01,433 Yes, I'm aware of that. 374 00:16:01,500 --> 00:16:02,867 [Judy] Okay. You want me to say something? 375 00:16:02,934 --> 00:16:04,200 Yes, Your Honor. Thank you. 376 00:16:04,266 --> 00:16:09,300 I have proof that April Tarin purchased her vehicle February 8th, 2022. 377 00:16:09,367 --> 00:16:13,133 She drove uninsured for 41 days, and it was not from a lot. 378 00:16:13,200 --> 00:16:15,100 It was from someone off the street. 379 00:16:15,166 --> 00:16:16,233 I have the proof for that. 380 00:16:16,300 --> 00:16:17,600 - I'd like to see it. - Yes. 381 00:16:19,967 --> 00:16:20,967 Thank you. 382 00:16:22,967 --> 00:16:24,734 For $2,050. 383 00:16:27,266 --> 00:16:29,066 [Judy] Well, this car that you registered, 384 00:16:29,133 --> 00:16:32,700 the selling price was $2,050 according to this. 385 00:16:32,767 --> 00:16:34,433 No, it wasn't. And-- 386 00:16:34,500 --> 00:16:37,000 Well, I'm going to show you Vehicle and Transfer Law. 387 00:16:37,066 --> 00:16:40,400 This is 2011 Sentra, and it was signed... 388 00:16:40,467 --> 00:16:43,300 but it's LLC. That's his company. 389 00:16:43,367 --> 00:16:47,433 Okay, so it wasn't off the street, but it said the selling price was $2,000. 390 00:16:47,500 --> 00:16:48,700 That's what this says. 391 00:16:48,767 --> 00:16:50,800 I don't have my, uh, paperwork in my car. 392 00:16:50,867 --> 00:16:52,333 [Judy] I want to show-- I want to show this to her. 393 00:16:54,467 --> 00:16:56,066 I just want to get some basic facts first, 394 00:16:56,133 --> 00:16:58,166 and then I'm going to go to the incident. 395 00:16:59,533 --> 00:17:02,333 But that's to... And-- 396 00:17:02,400 --> 00:17:04,633 No, no, the person, the seller. 397 00:17:04,700 --> 00:17:07,166 Uh, you know, I have my paperwork in my car. 398 00:17:07,233 --> 00:17:09,400 Well, but you understand that what it said? 399 00:17:09,467 --> 00:17:11,066 I understand what you said because it's right there. 400 00:17:11,133 --> 00:17:12,133 - [Judy] That's-- - Yes. 401 00:17:12,233 --> 00:17:14,033 Okay. We have a diagram. 402 00:17:14,100 --> 00:17:17,934 This happened on March 21, 3:00 in the afternoon. 403 00:17:18,000 --> 00:17:22,567 You had no insurance, and you were traveling in the bike lane. 404 00:17:22,633 --> 00:17:23,700 [Amari] No, that is not true. 405 00:17:23,767 --> 00:17:26,700 I shared the lane of the car in the right. 406 00:17:26,767 --> 00:17:28,100 I would never go into a bike lane. 407 00:17:28,166 --> 00:17:30,333 That is disrespectful to the road and riders. 408 00:17:30,400 --> 00:17:31,967 Just a second. Are you allowed to share a lane 409 00:17:32,033 --> 00:17:33,166 with a car in a motorcycle? 410 00:17:33,233 --> 00:17:34,700 That is your right. Yes. 411 00:17:34,767 --> 00:17:36,767 [Judy] I know Foothill. Is that where you were? 412 00:17:36,834 --> 00:17:37,700 [Amari] Yes, Your Honor. 413 00:17:37,767 --> 00:17:39,500 [Judy] And at a certain time during the day, 414 00:17:39,567 --> 00:17:41,834 - Foothill becomes very trafficked. - Yes. 415 00:17:41,900 --> 00:17:45,800 And the cars sometimes get stopped because there's a light, right? 416 00:17:45,867 --> 00:17:46,800 Yes, Your Honor. 417 00:17:46,867 --> 00:17:51,867 Go over to there, Miss Garcia, and show me, please... 418 00:17:56,533 --> 00:17:59,433 where you were positioned before you say 419 00:17:59,500 --> 00:18:03,500 that you were traveling in the same lane as a car. 420 00:18:03,600 --> 00:18:06,066 Your Honor, I was directly behind this car. 421 00:18:06,133 --> 00:18:09,500 - Okay, you were directly behind that car? - [Amari] Yes. 422 00:18:09,567 --> 00:18:11,333 [Judy] And that car was stopped. 423 00:18:11,400 --> 00:18:12,734 They were slowing to a stop. 424 00:18:12,800 --> 00:18:16,367 No, they were stopped because they had to have been stopped, 425 00:18:16,433 --> 00:18:18,200 because that's why you went around him. 426 00:18:18,266 --> 00:18:19,567 [Amari] They were slowing to a stop. 427 00:18:19,667 --> 00:18:22,066 By the time I got around here, they were stopped. 428 00:18:22,133 --> 00:18:23,900 I didn't want to veer into here. 429 00:18:23,967 --> 00:18:26,667 I was slowing down. It was around 25 mph. 430 00:18:26,734 --> 00:18:29,200 This lane at the time was too close, 431 00:18:29,266 --> 00:18:31,033 so I shared this lane on this side. 432 00:18:31,133 --> 00:18:33,700 Miss Garcia. I got it, Miss Garcia, 433 00:18:33,767 --> 00:18:38,333 you want me to appreciate the fact that you wanted to get around 434 00:18:38,400 --> 00:18:42,300 the stopped car and you wanted to continue to go straight. Correct? 435 00:18:42,367 --> 00:18:44,834 You weren't turning, you wanted to go straight. 436 00:18:44,900 --> 00:18:46,066 I was going straight. Correct. 437 00:18:46,133 --> 00:18:51,367 And so you want me to picture in this tiny mind of mine 438 00:18:51,433 --> 00:18:55,000 that instead of going into a perfectly clear bike lane, 439 00:18:55,066 --> 00:18:58,467 you inched your way at 25 miles an hour 440 00:18:58,533 --> 00:19:02,033 - in the same lane as a stopped car? - [Amari] Yes. But this diagram-- 441 00:19:02,100 --> 00:19:04,266 You know, I find that hard to believe, Miss Garcia. 442 00:19:04,333 --> 00:19:06,000 - Your Honor-- - I really find that hard to believe. 443 00:19:06,066 --> 00:19:08,100 You may be in the right with regard to this, 444 00:19:08,166 --> 00:19:09,767 but I find it hard to believe. 445 00:19:09,834 --> 00:19:10,834 The roads are very wide. 446 00:19:10,900 --> 00:19:13,567 I have the actual police photo document of that. 447 00:19:13,633 --> 00:19:15,233 - I'd like to see it. - [Amari] Yes, your Honor. 448 00:19:21,900 --> 00:19:23,700 And I'd like to see the police report as well. 449 00:19:23,767 --> 00:19:25,300 - Is there a police report? - It's attached to this. 450 00:19:25,367 --> 00:19:26,233 Fine. 451 00:19:28,700 --> 00:19:33,400 Because as you were traveling straight, the defendant was making a left turn. 452 00:19:33,467 --> 00:19:36,533 She was making a left turn because the two cars there were stopped, 453 00:19:36,600 --> 00:19:39,367 and those were the only two traffic lanes there. 454 00:19:39,433 --> 00:19:41,066 Now, I don't know whether she could see 455 00:19:41,133 --> 00:19:42,734 whether it's a motorcycle or a bicycle 456 00:19:42,800 --> 00:19:43,967 traveling in the bike lane, 457 00:19:44,033 --> 00:19:46,633 but what happened was, she was making a left turn. 458 00:19:46,734 --> 00:19:49,100 According to this, you went into her passenger side, 459 00:19:49,166 --> 00:19:50,166 is that correct? 460 00:19:50,233 --> 00:19:51,233 Yes, Your Honor. 461 00:19:51,934 --> 00:19:53,100 ♪ 462 00:19:54,567 --> 00:19:56,667 {\an8}So where is the motorcycle now? 463 00:19:56,734 --> 00:20:00,200 {\an8}I no longer have it. The towing company, they sold it. 464 00:20:00,266 --> 00:20:01,734 {\an8}What are you driving around in now? 465 00:20:01,800 --> 00:20:04,367 {\an8}1995 Chevy Beauville. 466 00:20:04,433 --> 00:20:07,233 - {\an8}- - Attagirl! - [laughs] 467 00:20:11,133 --> 00:20:13,367 ♪ 468 00:20:16,967 --> 00:20:20,467 {\an8}[narrator] Amari Garcia is accusing fellow motorist 469 00:20:20,533 --> 00:20:23,300 {\an8}April Tarin of damaging her motorcycle. 470 00:20:23,367 --> 00:20:27,166 April claims Amari was illegally driving in the bike lane. 471 00:20:29,300 --> 00:20:31,100 Who was in the car with you, Ms. Tarin? 472 00:20:31,166 --> 00:20:32,533 My son and his girlfriend. 473 00:20:32,600 --> 00:20:34,800 One of them had an injury. 474 00:20:34,867 --> 00:20:37,667 Yes, um, my son's girlfriend. 475 00:20:37,734 --> 00:20:40,500 She was in the driver's passenger side, 476 00:20:40,567 --> 00:20:43,266 and while I was turning into the lane, 477 00:20:43,333 --> 00:20:47,166 I just saw the crash and saw glass going into my car, 478 00:20:47,233 --> 00:20:48,467 and then she was cut. 479 00:20:48,533 --> 00:20:50,367 Okay. And you had an injury to your knee? 480 00:20:50,467 --> 00:20:53,367 Yes, I have several injuries, and I have photos as well. 481 00:20:53,800 --> 00:20:59,300 You understand, Ms. Tarin, that the police interviewed witnesses. 482 00:20:59,367 --> 00:21:02,734 The witnesses were in the stopped cars. 483 00:21:02,800 --> 00:21:03,667 Yes. 484 00:21:03,734 --> 00:21:07,967 And at the end of all of their interviewing process, 485 00:21:08,033 --> 00:21:11,467 they determined that you were the cause of the collision? 486 00:21:11,533 --> 00:21:13,233 - That's what it says. - And I don't-- 487 00:21:13,300 --> 00:21:15,767 It says that you caused the collision 488 00:21:15,834 --> 00:21:19,834 by violating vehicle traffic law 21.8001, 489 00:21:19,900 --> 00:21:22,834 "failure to yield when making a left turn. 490 00:21:22,934 --> 00:21:26,066 I determined the cause based upon the parties involved 491 00:21:26,133 --> 00:21:27,567 and the physical evidence." 492 00:21:27,633 --> 00:21:29,333 That's what the police determined. 493 00:21:29,400 --> 00:21:31,900 Okay, well, then that's an easy-- 494 00:21:31,967 --> 00:21:33,567 based upon the police report, 495 00:21:33,633 --> 00:21:36,000 because each of you are going to tell two different stories 496 00:21:36,066 --> 00:21:37,266 about what happened that day. 497 00:21:37,333 --> 00:21:39,633 Police were there, they looked at the physical evidence, 498 00:21:39,700 --> 00:21:42,967 they looked at the injuries, they looked at the damage to the roadway. 499 00:21:43,033 --> 00:21:46,834 {\an8}They interviewed independent witnesses, and that was their determination. 500 00:21:46,900 --> 00:21:51,800 {\an8}I understand, Judge, but the police report had some inconsistencies where, 501 00:21:51,867 --> 00:21:55,033 like, she was driving in the bicycle lane, which is against the law. 502 00:21:55,100 --> 00:21:59,033 And what I was doing, I was making the left turn, as you know, 503 00:21:59,100 --> 00:22:03,000 and these two front cars, which one of them was a witness-- 504 00:22:03,066 --> 00:22:06,734 Yes. That car paused to let you make a left turn. 505 00:22:06,800 --> 00:22:08,567 Yes. Both lanes. And I-- 506 00:22:08,633 --> 00:22:10,700 [Judy] No. No. You said both lanes. 507 00:22:10,767 --> 00:22:12,433 Both lanes paused. 508 00:22:12,500 --> 00:22:14,000 - That's what you say. - Yes. 509 00:22:14,066 --> 00:22:15,667 That's what you say. That's not what this says. 510 00:22:15,734 --> 00:22:18,200 But they both did. And as I was approach-- 511 00:22:18,266 --> 00:22:20,133 - I'm just telling you. - [April] No, I know, 512 00:22:20,200 --> 00:22:21,734 - Yes. I'm just telling you. - that's why I said-- [chuckles] 513 00:22:21,800 --> 00:22:22,800 That's not what this is. 514 00:22:22,867 --> 00:22:24,734 - That's what you say. - Exactly. 515 00:22:24,800 --> 00:22:27,100 There was nothing that prevented those two cars from going. 516 00:22:27,166 --> 00:22:29,000 - Exactly. - [Judy] There wasn't a traffic light. 517 00:22:29,100 --> 00:22:30,934 There wasn't a stoplight at that spot. 518 00:22:31,000 --> 00:22:33,433 - Yes. - [Judy] And there was heavy traffic. 519 00:22:33,500 --> 00:22:34,367 Yes. 520 00:22:34,433 --> 00:22:38,600 So it's your responsibility to make sure if you're making a left turn, 521 00:22:38,667 --> 00:22:41,133 that you have to yield to all oncoming traffic. 522 00:22:41,200 --> 00:22:42,734 - I know. - [Judy] So the fact that you didn't 523 00:22:42,800 --> 00:22:45,367 see her is really not relevant. 524 00:22:45,433 --> 00:22:47,767 And as long as you understand 525 00:22:47,834 --> 00:22:52,166 that this police report supports Miss Garcia's claim 526 00:22:52,233 --> 00:22:55,400 that you caused this accident by making a left turn 527 00:22:55,467 --> 00:22:57,400 when you shouldn't have been making a left turn. 528 00:22:57,467 --> 00:23:00,166 That's what this is. And that, you know, 529 00:23:00,233 --> 00:23:01,567 at the end of the day, it's an accident. 530 00:23:01,633 --> 00:23:03,433 That's why it's not called an "on purpose." 531 00:23:03,500 --> 00:23:07,166 It's called an accident. Neither one of you anticipated it. 532 00:23:07,233 --> 00:23:08,233 {\an8}As far as I'm concerned, Miss Garcia, 533 00:23:08,300 --> 00:23:09,567 {\an8}you're entitled to be compensated. 534 00:23:09,633 --> 00:23:11,000 {\an8}But I'm going to suggest this to you. 535 00:23:11,066 --> 00:23:14,166 If I'm driving a motorcycle, which I would never do, 536 00:23:14,233 --> 00:23:15,567 just for me, I think it's wacky. 537 00:23:15,633 --> 00:23:18,233 I think there are enough crazy people driving around 538 00:23:18,300 --> 00:23:21,567 that I like about 2000 pounds of steel around me 539 00:23:21,633 --> 00:23:25,100 so that if somebody who is not paying attention 540 00:23:25,166 --> 00:23:28,667 and there's an accident, I like to be safe. 541 00:23:28,734 --> 00:23:33,567 My first car, when I was 17, all my friends were getting these 542 00:23:33,633 --> 00:23:36,567 cute little cars, you know, that were convertibles. 543 00:23:36,633 --> 00:23:38,100 And my father bought me 544 00:23:38,166 --> 00:23:43,600 a 15-year-old blue and white Cadillac sedan. 545 00:23:43,667 --> 00:23:45,500 - It was so embarrassing - Oh. 546 00:23:45,567 --> 00:23:48,233 [Judy] to drive around in that car. It was a boat. 547 00:23:48,300 --> 00:23:49,734 "Aw, come on." 548 00:23:49,800 --> 00:23:52,300 Everybody else is getting these cute little Corvettes, 549 00:23:52,367 --> 00:23:53,633 even if they're used ones. 550 00:23:53,700 --> 00:23:55,800 And my father, who loved me a lot, 551 00:23:55,867 --> 00:23:59,066 said to me, "Sweetheart, if you get into the accident, 552 00:23:59,133 --> 00:24:01,867 I want you to come out unscathed. 553 00:24:01,934 --> 00:24:06,500 And this ensures that you got a shot if you get into an accident." 554 00:24:06,567 --> 00:24:07,700 And I feel better. 555 00:24:07,767 --> 00:24:11,333 So I'm just telling you, if you're going to drive a motorcycle, 556 00:24:11,400 --> 00:24:12,734 don't take shortcuts. 557 00:24:13,400 --> 00:24:17,367 {\an8}I know this place on Foothill, and I know what happens here. 558 00:24:17,433 --> 00:24:18,500 You know, you wanted to go, 559 00:24:18,567 --> 00:24:20,066 there was no reason why you couldn't. 560 00:24:20,166 --> 00:24:21,567 That's why you drive a motorcycle, 561 00:24:21,633 --> 00:24:23,633 'cause you can get into tight places, 562 00:24:23,700 --> 00:24:26,133 but you look like an intelligent young woman. 563 00:24:26,200 --> 00:24:27,166 Thank you, Your Honor. 564 00:24:27,233 --> 00:24:30,000 Don't take chances. That was a chance. 565 00:24:30,066 --> 00:24:31,633 It could have been a lot worse. 566 00:24:31,700 --> 00:24:33,900 What was the damage to your motorcycle? 567 00:24:33,967 --> 00:24:35,700 I have pictures. Would you like to see them, Your Honor? 568 00:24:35,767 --> 00:24:37,734 - I would. - I did look it up. 569 00:24:37,800 --> 00:24:41,934 Lane-splitting motorcycles is legal in California 570 00:24:42,000 --> 00:24:44,633 based on the California Highway Patrol. 571 00:24:49,300 --> 00:24:51,333 [Judy] Okay, I see the pictures. 572 00:24:51,400 --> 00:24:53,633 So where is the motorcycle now? 573 00:24:53,734 --> 00:24:57,066 I no longer have it. The towing company, they sold it. 574 00:24:57,133 --> 00:25:01,734 They sold it for $70, they claim. And I got hit with collections afterwards. 575 00:25:01,800 --> 00:25:03,433 I have the bill for that if you'd like to see that. 576 00:25:03,500 --> 00:25:06,834 - How much did you pay for it? - $6,407. 577 00:25:06,900 --> 00:25:08,266 - Do you have the bill? - Yes. 578 00:25:08,333 --> 00:25:09,567 I'd like to see it. 579 00:25:09,633 --> 00:25:12,467 For my motorcycle, what I paid for, correct? 580 00:25:12,533 --> 00:25:13,633 Yes, what you paid for it. 581 00:25:21,133 --> 00:25:22,667 What are you driving around in now? 582 00:25:22,734 --> 00:25:25,300 A 1995 Chevy Beauville. 583 00:25:25,367 --> 00:25:26,667 Attagirl! 584 00:25:26,734 --> 00:25:28,433 [laughter] 585 00:25:28,500 --> 00:25:29,600 Attagirl. 586 00:25:30,066 --> 00:25:31,033 Okay. 587 00:25:31,100 --> 00:25:33,400 I'm giving you the value of the motorcycle. 588 00:25:33,467 --> 00:25:36,333 - Thank you, Your Honor. - Which is $6,407. 589 00:25:36,433 --> 00:25:39,533 I'm not splitting whose fault this was, actually, 590 00:25:39,600 --> 00:25:42,900 but I'm not awarding you any punitive damages for her. 591 00:25:42,967 --> 00:25:44,734 She had injuries in her car. 592 00:25:44,800 --> 00:25:47,266 You were slightly injured, but both of you seem fine now. 593 00:25:47,333 --> 00:25:49,100 I don't think that you were careful enough 594 00:25:49,166 --> 00:25:52,767 when you were going straight and around that car that was stopped. 595 00:25:52,834 --> 00:25:54,700 But the defendant didn't have insurance 596 00:25:54,767 --> 00:25:58,800 and she was cited by the police for violation of a traffic law. 597 00:25:58,867 --> 00:26:00,867 So I'm giving you the cost of your motorcycle. 598 00:26:00,934 --> 00:26:02,767 - Thank you, Your Honor. - [Judy] Judgment for the plaintiff. 599 00:26:02,834 --> 00:26:04,533 [bailiff] This court is adjourned. 600 00:26:04,633 --> 00:26:07,934 {\an8}So I actually ended up, after the car had made impact with me, 601 00:26:08,000 --> 00:26:09,967 {\an8}the bike went that way. I went up into the air... 602 00:26:10,033 --> 00:26:11,834 {\an8}It was really frightening. Um... 603 00:26:11,900 --> 00:26:14,000 {\an8}I hit the ground, I hit on my elbow. 604 00:26:14,066 --> 00:26:16,033 {\an8}I've never experienced that before. 605 00:26:16,133 --> 00:26:18,867 {\an8}I was really scared. I thought, "This is it, my legs are out." 606 00:26:18,934 --> 00:26:22,400 {\an8}And like I said, I was being cautious. And... 607 00:26:22,467 --> 00:26:24,066 {\an8}And thankfully. Thankfully, I wasn't. 608 00:26:24,166 --> 00:26:26,867 {\an8}But it ended up in that kind of situation. 609 00:26:26,934 --> 00:26:31,900 {\an8}Definitely more safely as far as better gear and, you know, 610 00:26:31,967 --> 00:26:35,066 {\an8}like she said, don't take a shortcut or anything of that sort. 611 00:26:35,767 --> 00:26:38,066 [Sarah] So I looked up lane splitting and in California, 612 00:26:38,133 --> 00:26:40,800 it's one of the few states that allows it for motorcyclists. 613 00:26:40,867 --> 00:26:43,500 It does say inexperienced riders shouldn't attempt it because, 614 00:26:43,567 --> 00:26:46,166 like we see, it's very easy to get hit 615 00:26:46,233 --> 00:26:47,367 or for someone not to see you 616 00:26:47,433 --> 00:26:49,467 if you're splitting between lanes, but it is legal. 617 00:26:49,533 --> 00:26:51,500 So she wasn't in the wrong by lane splitting, 618 00:26:51,567 --> 00:26:53,100 but I think it was a sticky situation. 619 00:26:53,166 --> 00:26:55,333 You're behind a car, someone's turning. 620 00:26:55,400 --> 00:26:57,367 What does it say if you're injured? 621 00:26:57,433 --> 00:27:01,567 It does say on the Highway Patrol website that you're splitting at your own risk, 622 00:27:01,633 --> 00:27:04,100 so any injuries that happen are at your own risk. 623 00:27:04,200 --> 00:27:07,100 So they say if you are lane splitting, it's not illegal... 624 00:27:07,166 --> 00:27:08,033 [Sarah] Mm-hmm. 625 00:27:08,100 --> 00:27:11,834 But if you have injuries as a result of a accident, 626 00:27:11,900 --> 00:27:14,767 if you're lane splitting, you're responsible for your own injuries. 627 00:27:14,834 --> 00:27:18,600 It doesn't say it in a legal term that I could really stick to, 628 00:27:18,667 --> 00:27:21,500 but it says it's risky, "we're acknowledging that it's risky. 629 00:27:21,567 --> 00:27:24,633 You have to assume the risk of lane splitting if that's what you choose." 630 00:27:24,700 --> 00:27:25,900 - [Judy] Okay. Interesting. - Yeah. 631 00:27:25,967 --> 00:27:27,467 ♪ 632 00:27:27,533 --> 00:27:28,934 [narrator] Want justice? 633 00:27:29,000 --> 00:27:31,200 - {\an8}Go to JudyJustice. - TV. 634 00:27:31,266 --> 00:27:34,133 {\an8}♪