If I’m 8 months pregnant and was struck by a vehicle when crossing the street, what is the next step to take to press charges on her and how do I do it?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I’m 8 months pregnant and was struck by a vehicle when crossing the street, what is the next step to take to press charges on her and how do I do it?
I was released from the hospital yesterday.
Asked on November 22, 2015 under Personal Injury, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You can try pressing charges by contacting the police, filing a report, and stating that you'd like to press chargers--but they very well may not do this, or if they do, she may ultimately not be convicted, or the case may be dismissed. That is because hitting someone with a car is *not* a crime unless it is done intentionally or with extreme recklessness (or DUI/DWI); it is the intention which turns what what otherwise be an accident into a crime.
IF the other driver was at fault (e.g. driving negligently or carelessly, while you were being reasonably careful in crossing), you could sue the driver for your medical costs (those not paid by insurance or medicaid), lost wages (if any), and "pain and suffering," if you suffered significant and long-lasting life impairment or disabilty. On the other hand, if--as we hope--you were not badly harmed, had few costs and little or not lost wages, there is no point in suing: you would not recover enough money to justify the time, cost, and effort of a lawsuit.
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.