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What constitutes "Personal Injury"?

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dfargo

Junior Member
What is the name of your state (only U.S. law)? Nebraska

Recently, I was in an accident and charged with "Careless driving" that marked Personal Injury. Personal Injury prevents the taking of a driving course to remove the charge from my record.

The event happened like so:
My car has issues with its solenoid, so it doesn't start occasionally without connecting the contacts on the solenoid, which causes the engine to start as though you turned the key. I "popped" the solenoid like explained, and the car slipped into drive and started moving at maybe 2-5mph, the idle rolling speed of drive. My sister was in the car.

I chased after it, fell, and had my hand rolled over by the tire which caused some bruising of my finger; the car rolled through two yards, the door hit a tree, and I was dragged on the ground by the car (trying to get into the driver's side) about 30 feet and scraped up my knees a bit before the car hit a mailbox. I then got into the car and shut it off.

Our neighbors called 911, and several cruisers and an ambulance showed up; the paramedics checked me and my sister out; I was in psychological shock (my first accident, coming down from the adrenaline of chasing the car), sister was okay with no injuries. They asked me to make a fist with my hurt hand, and I could; they then stated my finger was broken and suggested I go to the hospital with them, but I refused treatment to avoid the bills associated... the finger has since to show any signs of being broken and healed very quickly without problem, although I have not visited the doctor for a confirmation or denial of their suggestion.

Afterward, the police officer spoke with me. I explained the situation, and he asked how it could slip into drive, and I suggested that I could have left it in drive as a result of positioning the car to fill the tire with air. He stated he could possibly see a few different tickets resulting, maybe "fixed object collision", "leaving the road", etc. They asked for when my parents would be back (they were out eating, the usual Friday night thing) and I wasn't able to give a time, stated they could be an hour or so, maybe more.

The cops inspect the scene, wait for my parents, no one shows up in the hour they wait. They finally write the ticket for "carless driving", a misspelling on the ticket for careless driving, and check the Personal Injury box. They then back my car off of the mailbox and return it to my house about 200 feet back down the street, and leave.


I can understand that driving could possibly mean operating in terms of the law for careless driving in Nebraska, and I did endanger my sister and my neighbor's property (mailbox, tree, etc) as a result of the car taking off while I am operating it... seems appropriate for a charge in this case, to me.

I have in the time since made arrangements to replace the mailbox, and none of the neighbors are pressing charges or anything of the sort for damages, and seem to be genuinely okay with the situation.

Would myself being scraped up somewhat while chasing the car to stop it qualify as personal injury for the ticket?
Is this really a case of careless driving? (Though I believe it is appropriately given as careless driving, I would rest easy having some confirmation one way or the other.)

Any answers at all for this would be greatly appreciated. Thank you all for your time.

(Reposted from another part of the forum.)
 


I_Got_Banned

Senior Member
What contitutes "Personal Injury"? I really don't think it is that ambiguous... Is it?

Here is my take: Was any person injured due to the actions that you took?
Yes.

If you're trying to justify it by saying no "other" person was injured, then it might not fly.

Moving along...

Nebraska Revised Statute 60-6,212
Revised Statutes » Chapter 60 » 60-6,212
Careless driving, defined.
60-6,212​
Any person who drives any motor vehicle in this state carelessly or without due caution so as to endanger a person or property shall be guilty of careless driving.​
Source: Nebraska Legislature - Nebraska State Statute Section 60-6,212

You can check the link above for the associated penalties... Depending on how severe they are, you may want to consult with an attorney in your area.
 

You Are Guilty

Senior Member
I'd say one good definition of "careless driving" is jumping your starter solenoid but forgetting to put the car in neutral with the hand brake on first.
 

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