Expert Advice When You Need It Most

Someone tried to run me off the road and then threatened me with assault? Can I/ should I press charges?

Asked over 2 years ago - Santa Ana, CA

I cut him off on the freeway and he side-swiped my car in retaliation. When I pulled over he opened my door and threatened the break my jaw. An 'accident' report was made by both of us to the highway patrol. I have no witnesses, he has two who would corroborate his side of the story. My car was damaged, his was not.

What can/ should I do? Who do I speak to? Would a civil case be affected by whatever the 'accident' report says? Is it pointless if I have no witnesses and he has two?

Flag

Save

Share with:

Attorney answers (2)

Robert Lee Marshall

Reputation Level 20

Answered over 2 years ago. Criminal Defense Attorney in Chico, CA.

Flag

Only the District Attorney can press criminal charges. The CHP may send the report to the District Attorney for review, but the DA will ultimately decide whether anyone should he charged.

Is your insurance company paying for the damage? If they are, your insurance policy probably requires you to give them your right to sue someone so they can recover the costs.

If your only loss is property damage, you are probably better off suing in small claims court, where your expenses are minimal and neither side is allowed to bring an attorney.

Mark as good answer

2 people marked this answer as good

Add comment

Matthew Edward Williamson

Reputation Level 15

Answered over 2 years ago. Bankruptcy Attorney in Monterey, CA.

Flag

I agree with Attorney Marshall's answer and would add one thing: It's probably not worth the mental anguish of going "after him". It would probably just keep you up at night. Think of it this way - if he was in the wrong, he knew it and will be worried about you bringing charges for a long time wondering when the hammer will fall. Let him lose sleep waiting for your response while you are sleeping like a baby.

Good luck with the situation.

Take Note: Common Sense and this environment (the internet) require me to remind everyone that this answer isn't legal advice, and shouldn't be relied upon. Remember-every state has different laws, rules and regulations and each person's situation is fact specific, and it is impossible to evaluate a legal problem without a thorough evaluation and review of all the facts and documents at issue, including potential investigation. By answering or posting information here, it doesn't create an attorney-client relationship.

Matthew Williamson

Mark as good answer

2 people marked this answer as good

Add comment