Trying to run someone over is not only aggressive driving. It can be classified as vehicular assault, attempted murder, or reckless endangerment, depending on the situation and intent. These are criminal offenses and can lead to arrest and prosecution by the state.
Yes, you can sue someone for trying to run you over, and you absolutely should take legal action if you’ve been threatened or harmed in this way. Even if you weren’t physically struck, the attempt alone can be grounds for a lawsuit, especially if you suffered emotional distress, physical injuries while escaping, or property damage.
At Hillguard Injury Lawyers, we have experienced pedestrian accident lawyers who specialize in representing victims in high-stakes personal injury and pedestrian accident cases. Our team will help you pursue justice and maximize your compensation. Schedule a free initial consultation today!
This post will let you know what situations qualify as trying to run someone over. It will also cover common legal claims you may file and what damages you can recover in a lawsuit.
Who Is Liable When a Vehicle Hits a Pedestrian?
Determining liability in a pedestrian accident can be complicated, as each situation depends on specific facts and local laws. At the heart of these cases is the concept of negligence, a legal term used to describe a failure to act with the level of care that a reasonable person would use under the same circumstances. If a driver fails to exercise proper care and hits a pedestrian, that driver may be considered negligent and held liable for the resulting injuries. In more extreme cases, reckless driving, which involves a willful disregard for safety, can also come into play, carrying more serious legal consequences.
Civil vs. Criminal Liability
It’s important to understand the difference between civil and criminal liability in these situations. Civil liability focuses on compensating the victim. In this case, the pedestrian can file a personal injury lawsuit to seek damages for medical expenses, lost income, pain and suffering, and other losses. Criminal liability, on the other hand, applies when the driver’s actions also violated traffic laws or rose to the level of a crime, such as DUI or reckless endangerment. While criminal charges are handled by the state and can lead to penalties like fines or imprisonment, they don’t compensate the pedestrian directly.
What Is the Legal Duty of Drivers and Pedestrians?
Drivers have a legal duty to follow traffic laws, remain alert, and avoid pedestrian areas unless it is safe and permitted to enter them. This responsibility includes yielding the right-of-way at crosswalks, obeying traffic signals, and reducing speed in areas where pedestrians are likely to be present, such as near schools or in residential neighborhoods. Many pedestrian accidents are caused by driver negligence, such as distracted driving, speeding, failing to yield, or running a red light. In these cases, the driver is typically considered at fault and can be held liable.
However, pedestrians also have rights and responsibilities. While the law generally protects pedestrians, especially in marked crosswalks and on sidewalks, pedestrians can still be partially at fault in an accident. For example, if a pedestrian is jaywalking, crossing against a signal, or walking while intoxicated, their actions may contribute to the accident. This means that liability is not always one-sided; both parties may share responsibility, depending on the facts of the case.
In such situations, legal principles like comparative negligence and contributory negligence come into play. Under comparative negligence, the fault is divided between the parties based on their degree of responsibility. For example, if a pedestrian was 20% at fault for darting into traffic and the driver was 80% at fault for speeding, the pedestrian’s compensation may be reduced by their share of the fault. In contrast, some states follow a stricter rule called contributory negligence, where even a small degree of fault on the part of the pedestrian can bar them from recovering any damages.
What Qualifies as an Attempt to Run Someone Over?
An attempt to run someone over with a vehicle is a serious and potentially life-threatening act. Scenarios that qualify as an attempt to run someone over include:
Vascular Assault
Vehicular assault occurs when a driver uses their vehicle in a way that is intended to cause harm or that shows a reckless disregard for the safety of others. It is not limited to actually striking the person (the attempt alone). If clearly threatening or dangerous, it can lead to legal consequences. What distinguishes vehicular assault from a typical traffic accident is the presence of either intent or extreme recklessness.
Intent
Intent plays a critical role in defining an attempted vehicular assault. If a driver deliberately aims their vehicle at someone with the intention of scaring or injuring them, that act can be classified as an intentional attempt to cause harm.
For example, if a person is engaged in an argument and accelerates toward someone as a form of aggression or intimidation, even if the vehicle doesn’t make contact, that could still be considered an assault with a deadly weapon under criminal law. In other cases, even if the driver didn’t intend to hurt the pedestrian but drove in a manner so dangerously negligent (such as speeding through a crowd or ignoring obvious safety risks), they could still be held liable under a claim of recklessness.
The key difference between an accident and an intentional act lies in the driver’s mindset. An accident typically occurs due to inattention, poor judgment, or momentary loss of control, without any malicious or reckless intent. In contrast, when someone tries to run another person over, it reflects a clear choice to disregard human safety, or worse, a willful decision to cause fear or injury. This transforms the incident from a civil matter into a potentially criminal one.
Civil Vs Criminal Consequences
Legally, there is also a distinction between civil and criminal consequences for this type of action. From a criminal standpoint, a driver who attempts to hit a person with a vehicle could face charges such as assault with a deadly weapon, reckless endangerment, or even attempted murder, depending on the jurisdiction and severity of the incident. These charges are brought by the state and aim to punish the offender with penalties like jail time or fines.
On the civil side, the victim has the right to file a personal injury lawsuit seeking compensation for physical injuries, emotional trauma, lost wages, medical expenses, and pain and suffering. Civil cases don’t require proof of criminal intent, only that the driver’s behavior caused harm through negligence or intentional misconduct. This means you may still be able to sue even if the state does not pursue criminal charges or if the case doesn’t result in a conviction.
Can You Sue Someone for Running You Over?
Yes, you can sue someone for running you over. If you were a pedestrian accident victim and suffered injuries due to someone’s reckless or intentional conduct, you have the right to pursue a personal injury lawsuit. This is separate from any criminal charges the at-fault driver may face.
You should pursue a personal injury claim as soon as possible after the incident, especially if you’ve experienced serious injuries, such as broken bones, spinal cord injuries, or long-term emotional distress like post-traumatic stress disorder. A successful lawsuit can provide compensation for mounting medical bills, physical therapy, and future medical costs. It’s essential to gather evidence at the accident scene, including traffic camera footage, medical records, and the police report, and to consult a knowledgeable attorney who understands personal injury law and has experience with pedestrian accident cases.
In a civil case, the burden of proof is lower than in a criminal trial. You only need to show, by a preponderance of the evidence, that the driver’s negligence or misconduct caused your injuries. This means proving it was more likely than not that the driver failed to exercise reasonable care or acted with intent to harm.
Common Legal Claims You May File
One common legal claim in these cases is assault or attempted battery. The legal definition of assault with a vehicle includes any attempt or threat to injure someone with a vehicle, even if there was no physical contact. If someone intentionally aimed their car at you, that’s not just dangerous; it can be legally defined as an assault and may serve as grounds for a lawsuit.
You may also be able to file a claim for intentional infliction of emotional distress. To succeed in this type of claim, you must show that the driver’s conduct was extreme and outrageous and that it caused severe emotional harm. Professional mental health diagnoses, documentation of your trauma, and witnesses to the event play a crucial role in proving emotional damage caused by such a traumatic event.
In cases where the driver’s behavior wasn’t intentional but still dangerous, you might sue under the theory of negligence. If the attempt to run you over was due to careless or reckless driving such as speeding, distracted driving, or ignoring traffic laws, the driver’s negligence may have directly caused your injuries. Some states apply comparative negligence laws, meaning if you were partially at fault (e.g., jaywalking), your compensation may be reduced, but you can still recover damages. Other states follow stricter contributory negligence rules, which may bar recovery if you share even slight responsibility.
In especially egregious cases, such as when the driver acted with clear intent to harm or in a grossly negligent way, you may be awarded punitive damages. These are additional financial penalties meant to punish the driver and deter similar conduct in the future. Not all states allow punitive damages, and the standards for awarding them vary, so it’s critical to work with an experienced personal injury attorney familiar with your state’s rules.
What Damages Can You Recover in a Lawsuit?
If you sue someone for running you over, the compensation you may be entitled to includes a wide range of accident-related damages. These often begin with medical expenses and rehabilitation costs. It includes everything from emergency treatment to ongoing physical therapy and medications. If the accident caused you to miss work, you can also recover lost income and wages, both present and future.
In addition, courts often award pain and suffering damages for the physical pain, trauma, and overall life disruption caused by the accident. For many pedestrian accident victims, the emotional toll is just as significant as the physical injuries, and the law recognizes this through compensation for emotional trauma and mental anguish.
What to Do If You’ve Been Hit as a Pedestrian
Pedestrian accident victims often suffer physical pain, mounting medical bills, and lost income, all while navigating a complicated legal process. If you or a loved one has been involved in a pedestrian accident, it is essential to take immediate and strategic steps to protect your legal rights, preserve evidence, and pursue the fair compensation you deserve. These steps include:
Check for Pedestrian Accident Injuries
After the accident, your priority should be your health and safety. Call for emergency medical assistance immediately, especially if you’ve suffered severe injuries such as broken bones, spinal cord injuries, or any signs of internal trauma.
Even if your injuries appear minor, it’s critical to get examined by a medical professional to identify any underlying issues that may not be immediately visible. Medical treatment and proper documentation are essential for proving the extent of pedestrian accident injuries and will be key to personal injury cases. Keep thorough medical records and all related medical expenses, as these documents will support your legal claim and help you seek compensation later.
Report the Accident to the Police
You must report the accident to the police, regardless of the severity of your injuries. The responding officers will create a police report detailing the accident scene, statements from both the pedestrian accident victim and the responsible driver, and any witness accounts.
This official documentation is vital when filing a pedestrian accident case, whether with the insurance company or in court. Be sure to provide accurate details and ask for a copy of the police report, which will play a critical role in proving that the driver’s negligence caused your injuries.
Gather Evidence from the Scene
If you are physically able, gathering evidence at the accident scene can significantly strengthen your case. Take clear photos of your physical injuries, the vehicle involved, any property damage, and the surrounding environment, especially road conditions, signs, or any traffic camera footage that could demonstrate fault.
Furthermore, collect contact information from witnesses who can testify to the driver’s actions, as well as the driver’s name, license plate number, and insurance details. This evidence is critical for establishing liability and can help your pedestrian accident lawyer build a strong case against the at-fault driver to win your personal injury claim.
Contact an Experienced Pedestrian Accident Lawyer
One of the most important steps you can take is to contact a knowledgeable attorney who specializes in pedestrian accident cases. A personal injury attorney will evaluate the legal aspects of your case, determine liability, and help you navigate the complexities of the legal system.
Many accident victims face settlement negotiations with the insurance company that may not fully compensate them for their physical injuries and financial losses. An experienced attorney can advocate on your behalf to ensure you receive maximum compensation for actual damages such as lost wages, future medical costs, and physical therapy, as well as non-economic damages like emotional trauma and post-traumatic stress disorder. You can schedule a free consultation with a pedestrian accident attorney at Hillguard Injury Lawyers today to explore your legal options.
File a Pedestrian Accident Claim with Insurance
Once you’ve hired legal representation, your lawyer will assist in filing a pedestrian accident claim with the at-fault driver’s insurance company. This includes submitting all necessary documentation, such as the police report, medical records, photos from the accident scene, and witness statements.
Insurance claims can be complex, and insurance companies may try to minimize your compensation. Your personal injury lawyer will handle settlement negotiations to ensure the insurance company fairly compensates you for accident-related damages. Most pedestrian accident cases are resolved through settlements, but having a strong legal team ensures you are prepared for any outcome.
Consider Filing a Personal Injury Lawsuit if Necessary
If the insurance company fails to offer a fair settlement or if the driver’s actions were especially reckless, you may need to sue someone for running you over to pursue justice. In situations where serious injuries or fatal injuries have occurred, a personal injury lawsuit may be necessary to hold the responsible party accountable.
Your attorney will guide you through every step of the legal proceedings, from gathering evidence to filing the complaint and preparing for trial. Filing a lawsuit can result in fair compensation for damages such as pain and suffering, emotional distress, medical treatment, and property damage.
Whether you’re pursuing an insurance claim or a personal injury lawsuit, it is essential to act quickly and decisively. The law requires accident victims to exercise reasonable care in protecting their rights, which includes seeking legal support early in the process. The sooner you involve a knowledgeable attorney, the stronger your chances of building a compelling case against a negligent driver and achieving a fair settlement or court verdict.
Should You Sue or Settle After Being Hit as a Pedestrian?
If you’ve been hit as a pedestrian and suffered injuries due to a driver’s negligence, deciding whether to sue or settle can be one of the most critical decisions in your legal journey. Each option carries its own advantages and potential drawbacks, and your choice can significantly impact the compensation you receive for medical expenses, lost wages, and emotional distress.
Settling your pedestrian accident claim means resolving the case outside of court, typically through negotiations between you, your pedestrian accident lawyer, and the at-fault driver’s insurance company. Settlements are often quicker and less stressful than going to trial. They allow accident victims to receive compensation sooner, which is particularly helpful when facing mounting medical bills or financial strain due to lost income.
However, the tradeoff is that settlement amounts are usually lower than what a court might award. Insurance companies are motivated to minimize payouts, and without the leverage of a pending lawsuit, their offer may not fully reflect the extent of your pedestrian accident injuries, pain and suffering, or future medical costs. Personal injury settlements can take anywhere from a few months to over a year, depending on the complexity of the case and the willingness of both parties to negotiate in good faith.
Filing a lawsuit, on the other hand, means taking your case to court where a judge or jury will determine liability and compensation. This route can be more time-consuming and emotionally taxing, but it also has the potential to result in higher compensation, especially if the driver’s negligence was severe or involved reckless behavior.
In some cases, the court may award punitive damages meant to punish the responsible party and deter similar conduct in the future. However, going to trial is inherently uncertain. There’s no guarantee of victory, and trials often involve additional legal costs and delays. It’s essential to work closely with a knowledgeable attorney who can advise whether the evidence, including traffic camera footage, police reports, and medical records, supports pursuing legal action through the courts.
How Much Time Do You Have to Sue Someone?
Every state has a statute of limitations, which is a legal deadline or time limit for personal injury claims. In California, for instance, you generally have two years from the date of the accident to take legal action.
Failing to file within this timeframe can result in losing your right to seek compensation altogether. That’s why it’s crucial to act quickly after such a traumatic event. Promptly gathering evidence from the accident scene, seeking medical treatment, and consulting a pedestrian accident attorney can significantly improve your chances of a successful lawsuit or fair settlement.
Let a Pedestrian Accident Attorney Fight for You
If someone tries to run you over or hits you while walking, you have the legal right to seek compensation for the injuries, trauma, and financial losses you’ve suffered. Whether the act was intentional or due to reckless negligence, you should never be left to deal with the consequences alone.
As a pedestrian accident victim, you are entitled to hold the responsible party accountable through a personal injury claim or even a civil lawsuit. These legal options can help recover damages for medical expenses, lost wages, emotional distress, and other accident-related losses.
Don’t navigate the legal system alone. Let a knowledgeable pedestrian accident lawyer from Hillguard Injury Lawyers guide you through the legal process, advocate for your rights, and fight for the fair settlement or court award you deserve. Schedule a free consultation today!
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