What are my legal rights regarding a driver first attempting an accident (rear-ending), chasing us, and then attempting to side swipe my car?

UPDATED: Mar 29, 2012

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What are my legal rights regarding a driver first attempting an accident (rear-ending), chasing us, and then attempting to side swipe my car?

A driver on the highway intentionally tried to hit my car during a road rage incident (his road rage, not ours.) He first slammed on his brakes so we almost rear-ended him, and when we switched lanes to get away from him, he chased us down the highway and tried to side swipe our car. I have endometriosis and recently had a cyst rupture, so this caused serious pain and will lead to lasting repercussions. What are our rights in suing or pressing criminal charges for reckless endangerment?

Asked on March 29, 2012 under Personal Injury, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

1) Civil suit: if someone causes you personal injury and/or property damage either negligently (carelessly) or deliberately (intentionally), you can sue for such things as medical costs, pain and suffering, lost wages, cost too repair property, etc.--assuming that his actions caused these things (there must be a causal link between the wrongful act and the harm you suffered).

2) Criminal suit: it is crime to assault or attempt to assault someone, and doing so with a car would be assault with a deadly weapon; you could and should report this to the police and press charges.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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