is this vehicular assault?

[lant1wor9]

What is the name of your state (only U.S. law)? NY

I was crossing a street during a walk sign and was hit by a speeding car. Being in pain and bleeding everywhere, the driver still didn't get out of his car until maybe ten minutes later. There was a crowd near the intersection and this made it difficult for him to get away and he eventually had come out of his vehicle.

The first thing out of his mouth was as to whether I am of a certain ethnic background. Can you believe this is the first thing he asked? I was limping around in severe pain and excessively bleeding. And this driver himself wasn't even a white American, nor did he speak perfect English. And yet he was inquiring about my origin.

This wasn't any normal negligence. Rather, if I was of a different ethnic person, he would have droven more carefully around me instead of trying to beat me at the intersection because he didn't like my background. Unfortunately I don't have any hard evidence of this interaction, as I was in severe pain and wasn't able to remember this until later on.

Can I press criminal charges for this? Can this be considered a racial or hate incident? Please help.

 

[Mass_Shyster]

Can I press criminal charges for this? Can this be considered a racial or hate incident? Please help.

You cannot press charges. The District Attorney can press charges. You can file a complaint.

 

[lant1wor9]

You cannot press charges. The District Attorney can press charges. You can file a complaint.

How do I file a complaint? And is this a worthwhile complaint to file? Any statue of limitations?

 

[Zigner]

You were hit by a rude, inconsiderate jerk.

That does not equate to intent. It was an accident.

 

[mlane58]

Don't look to buy a winning ticklet to the lawsuit lottery either.

 

[xylene]

Unfortunately I don't have any hard evidence of this interaction, as I was in severe pain and wasn't able to remember this until later on.

You say there were witnesses who detained him trying to flee.

Did the police interview any of them? Do you know any of their identities...

If a crowd had to stop him from just taking off, that sounds like hit and run.

Do you have a lawyer yet? You need one.

 

[mlane58]

You say there were witnesses who detained him trying to flee.

Did the police interview any of them? Do you know any of their identities...

If a crowd had to stop him from just taking off, that sounds like hit and run.

Do you have a lawyer yet? You need one.

If he didn't go anywhere--it can't be a hit and run.

 

[Zigner]

You say there were witnesses who detained him trying to flee.

Look again - that's not actually what he said.

And, if you filter what he DID say through the lens of a guy who is already ticked off at the racial reference, you can see how our OP may be reading too much in to it...

 

[xylene]

Look again - that's not actually what he said.

And, if you filter what he DID say through the lens of a guy who is already ticked off at the racial reference, you can see how our OP may be reading too much in to it...

I told the poster the relevant portion of the V&T law.

A stupid racist comment that no one heard is largely irrelevant.

He should find info on the witnesses who he said "made it difficult for him to get away" and work with a lawyer.

This poster is in NY, a victim without a lawyer in the NY court system dealing with a personal injury has zip chance of recovering there full damages.

More bad advice from me!

 

[lant1wor9]

You were hit by a rude, inconsiderate jerk.

That does not equate to intent. It was an accident.

I never said it was intent. Rather he was less careful and more motivated to beat me thru the intersection because I was presumed to be of a certain background. And why would the driver mention about race or ethnicity as the first thing when he approaches the person he injured? I don't think it's a coincidence at all. I can't say for sure it was complete intent, but then again this can't be a normal accident either.

 

[lant1wor9]

I told the poster the relevant portion of the V&T law.

A stupid racist comment that no one heard is largely irrelevant.

He should find info on the witnesses who he said "made it difficult for him to get away" and work with a lawyer.

This poster is in NY, a victim without a lawyer in the NY court system dealing with a personal injury has zip chance of recovering there full damages.

More bad advice from me!

The only evidences I have is a police report and documentation of my injuries from physicians. The police report just says I was walking during a walk sign, and then I was struck by a vehicle making a turn. Nothing else.

Guess I'm completely screwed then.

 

[Zigner]

The only evidences I have is a police report and documentation of my injuries from physicians. The police report just says I was walking during a walk sign, and then I was struck by a vehicle making a turn. Nothing else.

Guess I'm completely screwed then.

How's that? You can seek compensation from the driver for any injuries you may have. This was not intentional.