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Today we had a car come flying up the road. I stepped out in the road to slow him down as kids were playing. This vehicle finally locked his brakes up leaving 20 ft of skid marks in a 30 mph zone and hit me standing in the road. Then, when I went to get his plate, he threw it in reverse and slammed into me standing behind his vehicle. He then threw it in drive and tried to hit me foward again as I had jumped to the edge. At that point, he shattered his window and when he slammed foward again he broke his drive shaft. He agreed that if we paid $100 he wouldn’t charge me with disorderly conduct. Yet, this man had hit me twice and attempted a 3rd. What legal rights do I have? Is it illegal to stand on a country road?
Asked on December 26, 2016 under Accident Law, Pennsylvania
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
It's not that it's illegal to stand in a county road, but it may well be disorderly conduct to deliberately step in front of a car, since you could have easily caused him to swerve off the road, crash, damage property, hurt others, and/or be injured himself--what you did was, frankly very dangerous as wall as illegal. It is also vandalism to deliberate throw a rock at and damage another's car. And while he may have hit you, he did so, based on what you write, because you placed yourself in his way--your own actions therefore makes this your fault. Even if what he did (speeding) was initially dangerous, everthing you did after that was illegal.
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