Legal Question in Civil Litigation in California

Who is at fault? My roommate had an altercation with a neighbor. The neighbor got in his van and my roommate was standing in back of the van in the street. My neighbor backed his van up slowly a few times pushing my roommate out of the way. Roommate hit the window of the van in frustration, didn't break the window. Is my roommate at fault for not moving out of the way, or is neighbor at fault for using a vehicle to push roommate out of the way.

Asked on 6/30/19, 7:45 am

1 Answer from Attorneys

Timothy McCormick Law Offices of Timothy McCormick

The neighbor committed assault with a deadly weapon. You cannot intentionally hit a person with a vehicle, ever. It is a crime. With that said, if there is no injury, the likelihood of the crime being prosecuted is zero, but it is still a crime.

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Answered on 7/03/19, 10:52 am

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