I understand completely what you are saying. My understanding is that the law is written that you are to try and avoid accidents all costs. She pled guilty already to fleeing the scene of accident and failure to report.

I would bet a good attorney sees a window and can create a scenario that she was negligent or not fully paying attention and did nothing to avoid the accident. Maybe cell records will be requested, medical history etc (driving on meds when not supposed to etc), substance abuse, without knowing a lot more its hard to say what happened.

I would put money on out of court settlement.