That is the beauty of the legal system though. It is almost to the point where the verbal communication between both is just a minor detail now. The only thing that matters is what you can prove in a court room, and in this case Dawn has this locked up if she chooses to pursue a settlement. Even if this was a “provoked” situation, no verbal communication will be acceptable as an excuse for using a vehicle to hit another, let alone hit another into on coming traffic.