Legal Question in Civil Rights Law in Oregon
Hit and Run Case Dismissed
My ex was arrested for hit and run in 2007. He was tail gaiting a female driver in the ''A'' Lane of a busy local Hwy. The woman tapped her breaks and upon the 2nd time she did this, my ex became angry and swerved around the woman's car in the left emergency lane, positioning himself between the ''A'' lane and the jersey barrier. The cars made contact and my ex's SUV took off the side view mirror of the woman's car. He then fled the scene and a 3rd party witness called in the incident (in addition to the woman driver, who later called from a mall.) My ex was arrested 2 hours later. When it came time for the hearing, the Assistant City Atty dismissed the charges, since the arresting office no longer worked for the municipality. The arresting officer was easily reached, however, at an adjacent municpality. He said it would be routine for him to be subpoenaed for such a case, but he was not.
This woman had her child in the car, and my ex husband had one of my children in the front passenger's seat. Even though the case was dismissed, can she file civil charges against him to get some restitution? I don't think she has the money to retain an attorney.
1 Answer from Attorneys
Re: Hit and Run Case Dismissed
It is not "filing charges," because that can be done only by the government. But, yes, she can sue your husband for assault and possibly other torts and ask for damages. The amount of money she can seek is not limited to "restitution." Instead, she can ask for a lot of money for car repairs, whiplash injury treatments, pain and suffering, mental anguish and fear, etc. She can also seek "punitive damages", if your husband's malicious actions were deliberate, whcih you say they were.
A personal injury attorney may well take this case without any payment, except a share of whatever money the woman wins in court.
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