Legal Question in Civil Litigation in California
Road Rage Brandishing Weapon
My wife and I were involved in a road rage, he said she said about a weapon, 9mm. The police caught the suspect, found a look alike (two) 9mm pellet guns in his vehicle. We gave our report of the incident, they also took his, the police let him go and gave us lecture of a BS road rage case that I was at fault, because I stopped our vehicle. He pointed the weapon at me and said ''I should shoot your ass right now''
Any help, civil case, or just drop it. Thanks --name removed--
2 Answers from Attorneys
Re: Road Rage Brandishing Weapon
Depending how scared you were, you may have a cause of action for intentional infliction of emotional distress. Two questions are: (1) how much are your damages, and (2) how much money does a guy who brandishes a gun while driving have. In sum, you probably have a civil case, but you need to think about whether you want to pursue it, based on the amount of potential damages and the probability of actually recovering a dime. Sometimes, in criminal cases, a defendant may be able to do a civil compromise as part of a plea (this many times means giving you, the victim, money).
Re: Road Rage Brandishing Weapon
There are a few possible ways to recover money from the man who threatened you. The biggest uncertainty factor is proving that the other driver did actually point his weapon at you and make the threat to shoot; although this is a "he said, she said" situation, you do have some circumstantial evidence on your side.
Feel free to contact me if you would like to discuss this further.
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