The Hoffmann Law Firm, L.L.C. Articles What if Another Driver Purposely Causes a Car Accident?

What if Another Driver Purposely Causes a Car Accident?

By Christopher Hoffmann  Dec. 21, 2018 9:55a

In general, there are two types of cases that St. Louis auto accident attorneys take. The first involves legitimate accidents, where both parties act reasonably, but a collision occurs anyways. The second is defined by negligence, which includes behaviors like speeding, phone use, and driving under the influence. What you might not know is that there is a third variant, which is incredibly unlikely, but occasionally happens. It is when one driver hits another on purpose. We tell you everything you need to know about this strange situation in the following sections.

Contentious Liability Assessment

You might think that judging liability in these cases is simple. While you’re right that the opposing driver should be found at-fault, things don’t always go so smoothly. This idea makes sense when you realize that the kind of person who hits your car with the intent to harm is also the kind of person that would lie about what happened after the accident.

Fortunately, you can prove your side of the story by collecting evidence. The most important of it include the police report, photos of the accident, and third-party witnesses. In most situations, you should be able to gather enough to reveal the truth and sway the case in your favor.

Straightforward Negligence Once You Prove Your Story

Once you prove that the other driver hit you on purpose, assessing negligence and fault will be easy. The reason is that there will be no gray area in your case. No matter what you do to enrage the other driver, your actions will likely not give you a significant portion of the blame. Instead, that person will garner most or all of the liability, which will make your case much more fruitful.

The Possibility of Punitive Damages

One option you might want to look into is seeking punitive damages. Though it is uncommon in typical cases, this kind of compensation is reserved for situations where a judge wants to punish somebody for extremely negligent behavior. A driver hitting you on purpose may satisfy that condition and make your final settlement substantially larger.

Considering Criminal Charges

Finally, you might want to consider criminal charges. Personal injury cases are civil lawsuits, meaning they only involve money. Someone trying to hit you goes beyond finances, as you might want to get that person off the roads entirely. One way to do so is filing criminal charges, which could punish that person in ways that are not purely financial.

A driver hitting you on purpose will instantly make your case much more complicated. Not only might that person lie about what happened and force you to prove your side of the story, but you may also look toward punitive damages or criminal charges for justice. No matter which avenue you go down, it is always a good idea to speak with a St. Louis car accident attorney as soon as possible. If you do, you can rest easy knowing that an experienced attorney is fighting to get you the compensation and justice you deserve.

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