What to do if my boyfriend got run over on his bicycle intentionally by a man that he knows?
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What to do if my boyfriend got run over on his bicycle intentionally by a man that he knows?
This man was in his car. He backed up his car to get a good fast start then ramed the car towards ken on his bike. The car ended up in a neighbors front lawn, the whole car with ken and his bike under the car, the bikes frame is bent, seat came off, tires broken even the petals broke off, Ken hurt his back, he was pretty scratched up, his leg also. Is the owner of the car responsible for his actions that he did on purpose?
Asked on March 9, 2013 under Personal Injury, Arizona
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Ken should contact the police and file criminal charges against the driver of the car for assault with a deadly weapon and attempted murder.
Apart from the criminal case, Ken has a civil case (lawsuit) for assault and battery. Assault and battery are both civil and criminal. Assault is intentionally placing one in reasonable apprehension of an immediate battery without consent or legal privilege. Assault does not require any physical contact. Battery is the physical contact. Battery is the harmful or offensive touching of the person of another without consent or legal privilege.
When Ken completes his medical treatment and is released by the doctor, he should obtain his medical bills, medical reports, and documentation of any wage loss. Ken's damages (the amount of monetary compensation he is seeking in his lawsuit) should include compensation for the medical bills, compensation for pain and suffering, which is an amount in addition to the medical bills based on the medical reports which document the nature and extent of the injury, and wage loss. Compensation for the medical bills is straight reimbursement. Compensation for pain and suffering is mentioned above. Compensation for wage loss is straight reimbursement.
Ken would file a lawsuit with the following causes of action (claims) against the driver, who intentionally ran him down: assault, battery, trespass to chattels. Trespass to chattels is for intentionally damaging the bicycle. Ken's damages for assault and battery would include the items mentioned above (medical bills, pain and suffering, and wage loss). Damages for trespass to chattels would be the cost of repair or replacement of the bicycle. Ken's lawsuit should also seek punitive damages (a substantial amount to punish the defendant's wrongful, intentional acts).
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