Legal Question in Personal Injury in California
What is the differnce between a Hit and Run Accident and an Assualt?
Well I was standing out on the street opening my car door. When a lady that was double parked had her car on Park when I asked her to move her car back she refused and changed gears on her car and put it in Drive and struck me. I was in between my car and her car.She then put the car in reverse and took off.I got the license plate and gave it to the police when they arrived.A month later I went down to the police station to get the report but the officer wrote it down has an assualt. Can you please tell me if this case was a hit and run accident or an assualt.
Thank you
4 Answers from Attorneys
Re: What is the differnce between a Hit and Run Accident and an Assualt?
If she acted intentionally it was an assault. In fact, I believe cars are classified as deadly weapons so the charge should be ADW.
The term "hit and run" usually describes an accident but it can apply to intentional conduct. If a driver flees after her car hits a person or object and causes injury or damage then it is a hit-and-run regardless of whether the collision was deliberate or accidental.
None of this matters to your civil case against this woman, which I presume is what you have in mind since you posted this question in the personal injury category. You can't sue someone for hit-and-run or for ADW, since both are criminal doctrines. You can sue her for battery and some related counts like negligence (in case the jury isn't persuaded that she meant to hit you) and intentional infliction of emotional distress, but that would be true even if the police had not charged her with anything.
If she damaged any of your property -- your car, your clothes, your iPod or what have you -- you can also sue for conversion. This also has nothing to do with how the police label the incident.
Re: What is the differnce between a Hit and Run Accident and an Assualt?
We would need more information to assist you properly.
Re: What is the differnce between a Hit and Run Accident and an Assualt?
It would appear from the facts you stated that it could be both a hit and run or an assault. Assualt with a deadly weapon is a more serious charge than hit and run.
Re: What is the differnce between a Hit and Run Accident and an Assualt?
It is both. Did you suffer any injuries? If so you can sue. You may contact me.
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