QUESTION
Can a driver of a vehicle run you over and hurt you if someone is standing in front of the vehicle preventing it from leaving?
Asked on Jun 18th, 2013 on Personal Injury - Ohio
More details to this question:
I had to call the police due to my customer’s disgruntled tenants harassing me while I was installing a camera system for the owner. The son of the tenant attempted to leave after the police were called. I attempted to stop him from leaving by standing in front of his mom’s vehicle. The driver backed up and tried to driver forward so I moved to block him. We did this song and dance about 3 times before he finally accelerated and hit me with the side of the car throwing me to the ground. Is this legal? Do I have any legal or civil recourse? A neighbor witnessed the whole thing. I also have video evidence as well. Any and all help is much appreciated.
11 ANSWERS
Ronald A. Steinberg
You put yourself into harm's way. You might try to sue the son of the tenant, but it was not your job to stop the guy. You are doing what that guy Zimmerman did in Florida when the young boy got shot. Police have a license, and training, and authority. They can order the kid to stop and if he doesn't, they can shoot him. You have no such authority and if you put yourself in harm's way, you get hurt.
Answered on Jun 27th, 2013 at 2:43 PM
James Eugene Hasser
If he didn't intentionally hit you, you may have a claim under his car policy. Intentional and criminal acts are not covered.
Answered on Jun 19th, 2013 at 9:25 AM
Personal Injury Attorney serving Beverly Hills, CA
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Hyp Law Group
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No. For years, personal injury attorneys have been blaming bad faith tactics by the insurance carriers. Recently CNN's Anderson Cooper conducted an undercover investigation into these tactics.
Answered on Jun 18th, 2013 at 2:31 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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It is probably not legal, but it is a grey area (in South Carolina). You likely had no right to block him in, unless you had a right to make a citizen's arrest (a citizen can arrest an individual for a felony committed in the citizen's presence). Since you were arguably making a false arrest, he arguably could use reasonable force to escape. The issue is whether the force he used was reasonable.
Answered on Jun 18th, 2013 at 2:30 PM
General Practice Attorney serving Portland, OR
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Furniss, Shearer & Leineweber
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You potentially have an action for personal injury. The issue will become how much comparative negligence will a jury place on you for getting in front of the car. Regardless though the other person does not have the right to intentionally run you down.
Answered on Jun 18th, 2013 at 1:19 PM
NA richard@jandjlaw.com
The driver shouldn't have done that. On the other side of the coin, you assume a certain amount of risk trying to block a car with your body. May be a 50-50 split on fault.
Answered on Jun 18th, 2013 at 1:18 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You, sir, are an idiot also. You stood in front of an idiot behind the wheel of a motor vehicle, angry or enraged about whatever the case was. What he did was an assault. That is a criminal violation. Standing in front of him to block him was contributory negligence on your part you cant get insurance for deliberate acts (trying to drive thru you) so, theoretically you might get a judgment against him individually (and likely never collect) but for the fact that you contributed to your own injury. in NC you cannot recover if you are negligent in any way. Looks like you and stuck in NC.
Answered on Jun 18th, 2013 at 12:38 PM
Personal Injury Attorney serving Irvine, CA
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Woods Williford Personal Injury Attorneys
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Typically cases like this come down to "reasonableness". Did you have a lawful reason to block him in? I have seen cases like this in the past. They typically have the driver liable, and then there is consideration whether or not you bear any percentage of "comparative negligence" for blocking the car, depending on your justification under the circumstances.
Answered on Jun 18th, 2013 at 12:10 PM
Bankruptcy Attorney serving Cleveland, OH
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Benson Law Firm
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It's never permissible to intentionally run over another person.
Answered on Jun 18th, 2013 at 12:07 PM
1 Award
Depending on all the facts, you probably have a case you can pursue. The value of your claim would be the damage you suffered when you were hit, plus, possibly, punitive damages, since the driver did it intentionally.
Answered on Jun 18th, 2013 at 12:07 PM
John Hone
No. They are liable for the injuries they have caused. The conduct is criminal.
Answered on Jun 18th, 2013 at 12:07 PM