but because the driver of the small car was so desperate to avoid hitting the van ( so he would n't get caught driving without a license and using his cell phone at the time of the accident ) he used his own judgment and reacted out of fear and thus reacted in the wrong way and wound up hitting one car and then being hit by anotherproblems that could have been avoided had he not been on the road and brought on the fulfillment of his own fears to begin with .