Legal Question in Civil Litigation in Illinois

Can I file a lawsuit?

I was involved in a traffic altercation...the man claimed I hit his car hard enough that his head snapped back. I yelled at him, was arrested for Disorderly (he had police connections). At court he stated under oath I hit his car and his head snapped back....but there was no evidence, no damage to either car, no accident report or ticket. The case in court only revolved around me yelling at him.

Can I sue this person in some capacity since he lied in court about me hitting him? I am thinking along the lines that when he lied about the accident, I became angry under false pretences (thus the disorderly arrest) and had he not lied I would not have been arrested nor would I have had to deal with any emotional distress from the incident.


Asked on 4/23/07, 4:58 pm

3 Answers from Attorneys
Nima Taradji Taradji Law Offices

Re: Can I file a lawsuit?

Are you not in control of your faculties? You yell because he lied and so your yelling and disorderly conduct was the fault of someone else? Did he have control over you?

Short answer is no. You cannot fault another person for actions that you and only you decided to get involved in. Your reasons for doing so may be many things... perhaps someone can say well, I hit the guy on the head because he was wearing a yellow tie... and that made me angry. If he wasn't wearing a yellow tie, then I would not have hit him so it's really his fault.

Does that make sense to you?

Just hope that he won't sue you. Chances are he will and your insurance company, if any, will defend you.

Taradji Law Offices

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Answered on 4/25/07, 11:45 am
Noelle Ansley Noelle Ansley

Re: Can I file a lawsuit?

No. He did not force you to yell at him, so it's your own fault if you were arrested. If he sues you, your insurance company will handle it and you can tell them everything you said in your question.

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Answered on 4/23/07, 5:03 pm

Re: Can I file a lawsuit?

Simply stated, unless you can prove that he lied, leave it alone.

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Answered on 4/23/07, 5:18 pm


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