Does Free Speech support making derogatory comments about one's legal status while involved in auto accedent that was his fault ?

Question Details: I was rear ended and he did not want to get out his car; so whe I got out and went to the passenger side to demand drivers license and insurance info, the driver yelled at me - Where is your Green Card? I hate Asians! and he sped away while mu upper body was still in his car and knocked me to the ground, causing bruises, and almost ran over my leg. Would this be something that the jury would be considering as a crimiinal act or protected under Free Speech ?

Asked 10/30/2009 under Criminal Defense | 157 View(s) | More Legal Topics

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Deborah Barron / Barron Law Offices Answered 2 years ago | Contributor with 0 answers This attorney is licensed in California

I would consider this a civil case for assault, battery, defamation as well as personal injury and possible property damage, infliction of emotional distress.   Did you make a police report?  Does the other driver have insurance?  If they don't have insurance, your own uninsured motorist policy may cover the claim.  Please contact me to assist you further. deborah.barron@lawbarron.com   http://www.lawbarron.com

   

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