They should. They will not be gg with the video evidence. Stopping is clearly impossible given the distances involved, and the van isn't speeding considering he managed to stop very quickly after contact.
They are gg if they accept the TP charges and fail to challenge. Misplaced guilt is a bad thing. As bad as not understanding due process.
TP's duty is to press charges when the situation meets the minimum threshold for charges to be applied.
- meat on metal
- injury
The bar is exceptionally low.
Allocation of fault is the Judges duty.
The bar here is considerably higher, and this is where mitigatory circumstances are taken into condition.
Maybe the fellow entered the road the instant your paths were about to intersect.
Maybe the fellow was on the phone and disregarded traffic signals
Maybe the fellow was playing ninja and crossing an unlit road at night whilst wearing dark clothing.
Maybe the fellow demonstrated historical erratic behavior and may have been attempting self termination.
If you agree to TP charges you bypass judgement and accept 100% fault by default and head straight to sentencing. There are no more maybes for the impartial judge to evaluate. If they accept TP charges as is, they won't even have the chance to tell that to the judge. And if they have second thoughts at sentencing, sorry no can do. That is not how the law works. You don't recant statements of guilt just like that.
That is GG.
The even more GG part is that accepting charges is ALSO accepting liability. If the injured party sues, it becomes a case of discovery.
