Legal Question in Criminal Law in New York

intentional assault with motor vehicle

My husband was a pedestrian in the pit area of a race car event. A driver that he knew intentionally swerved to hit him ''twice'' resulting in a trip to the hospital with multiple bruises, abrasions and a deep gash in the head. Statements (all on my husband's behalf) were taken from many witnesses that this was indeed intentional. The police escorted the driver to the station and released him and no charges have been filed against this driver as of yet, two weeks later. What could the reasoning be that no charges were filed and wouldn't this be considered assault with a motor vehicle? What charge would it be? Should we obtain an attorney for civil charges? I want this driver to pay for what he did but what steps can I take to assure that? Thank you.


Asked on 9/13/05, 5:44 pm

1 Answer from Attorneys
Valerie Masters Valerie Masters, P.A.

Re: intentional assault with motor vehicle

I would contact a civil attorney to see if you have a case. I imagine no charges were filed because the police did not believe it was intentional. Eyewitness cannot know if it was intentional or not unless the driver told them it was.

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Answered on 9/13/05, 6:07 pm


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