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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 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.


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