Hit and run involving a pedestrian (me) and a car.

UPDATED: Apr 30, 2009

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Hit and run involving a pedestrian (me) and a car.

I was recently (about 2 months ago or so) hit by my sisters ex-boyfriend in his car as he was speeding away with her child. We were afraid that he was child stealing and he is a violent person. As he pulled backwards out of his driveway I was standing in the street on hold waiting for a 911 operator. He deliberatley attempted to run me down. I screamed, threw out my hand, which hit his back windhield, breaking the windshield and the wiper as I jumped out of the way. He then sped off. I originally did not attempt to sue out of fear. Now I want to take legal action. Do I have a case?

Asked on April 30, 2009 under Accident Law, California


N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Yes, you can sue for an intentional or negligent tort for damages that you have suffered as a result of being hit. For an intentional tort, you would have to prove that he intended to hit you.  For a negligent tort, you must show that he acted recklessly.

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