If I’m 8 months pregnant and was struck by a vehicle when crossing the street, what is the next step to take to press charges on her and how do I do it?

I was released from the hospital yesterday.

Asked on November 22, 2015 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can try pressing charges by contacting the police, filing a report, and stating that you'd like to press chargers--but they very well may not do this, or if they do, she may ultimately not be convicted, or the case may be dismissed. That is because hitting someone with a car is *not* a crime unless it is done intentionally or with extreme recklessness (or DUI/DWI); it is the intention which turns what what otherwise be an accident into a crime.
IF the other driver was at fault (e.g. driving negligently or carelessly, while you were being reasonably careful in crossing), you could sue the driver for your medical costs (those not paid by insurance or medicaid), lost wages (if any), and "pain and suffering," if you suffered significant and long-lasting life impairment or disabilty. On the other hand, if--as we hope--you were not badly harmed, had few costs and little or not lost wages, there is no point in suing: you would not recover enough money to justify the time, cost, and effort of a lawsuit.


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