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I was assaulted in road rage incident

Question Details:I pulled onto the shoulder of the road to let another car pass me because he was riding my bumper with his bright lights on. A few miles down the road I came around a corner with my brights on. He was stopped in the middle of the road. He then took off and went a few yards and threw his brakes on and I almost hit him. A few more yards later he did it again but this time he got out and came to my car cursing at me. As I got out of my car he pushed me, grabbed me, and threw me onto the ground. What can I do legally to him? I filled a police report.

Asked 2 years ago under Personal Injury | 821 Views | More Legal Topics

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Sean Santoro | Santoro Law Office Answered 2 years ago | None Contributor with 0 answers This Bonner Springs, KS attorney is licensed in Kansas

Did the other driver get charged with a crime? If he did, it makes it easier to sue him for assault and battery. However, even if he was not charged, you can still sue him. Are there any witnesses? Feel free to email me at sean@roadlawyer.net or call me at 913 441 5025 if you want to pursue this.

Sean Santoro/Attorney at Law/Licensed in KS and MO

S.L,. Member, California Bar | FreeAdvice Contributing Attorney Answered 2 years ago

You can sue for assault and battery; however, if there aren't any witnesses the problem is that it will be your word against his.  Assault and battery are both civil and criminal.  Your potential lawsuit would be a civil case.  The district attorney would pursue the criminal case.  The district attorney may decline to prosecute because again if there aren't any witnesses it would be your word against the other individual and may be difficult to get a conviction.

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