In Sept.'05 I crossed a street in NYC at the corner , with the WALK sign, soberly & lawfully. a 19-yr old girl & her BF, both with revoked licenses,
ran me over as if I was not there. They hit me with super velocity. (50 mph in a 25 mph limit, I believe)
I crossed when light said WALK, & I saw no cars coming either direction. I blacked out and awoke in ICU of hospital, Broken legs,Broken pubic bones, spinal bones, & in the ICU, I had my first ever, MASSIVE heart attack, destroying 2/3 of my heart muscle. NYC district atty. said she can only charge girl with $50 misdemeanor ticket for driving without valid license. DA said since no witnesses, she had no case to make in court that driver was reckless, or at fault in any way. I suffered catastrophic injuries, & now have severe heart failure & edema all over & cannot walk freely anymore. DA claims since no proof driver did it intentionally, was drunk, or jumped red light, that she will NOT charge her w/felony. Give your reactions.
2007-03-03 02:03:51 · 7 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
TeamChief- thanks for honest reply. Just wondered if all states are so lenient. Sadly for me, all I can get is $150K from GEICO to pay med.bills,
not one cent more. Attys did asset check on girl & her mother ( car was mother's) -no significant bank accts, no real estate, no business owned, so the lawyers refuse to sue as waste of their time. They advise to take $150K from Geico - but I'd have to forever waive my right to sue girl & mom. TELL ME - driving with no license - shouldn't it be a felony if someone is hurt thereby? Then anyone can run over anyone and harm them and have only a misdemeanor, like littering. What do you feel? Just laws or unjust???
2007-03-03 02:38:20 · update #1
I fully understand why the DA can't do anything more than charge the driver with a simple traffic violation. The law is the law, and unless the DA can prove "malice aforethought" or "malicious intent" or even "reckless driving," she's 100% right in not pressing the issue. And just from what you've said here, the DA is correct - there is no case.
You, on the other hand, have the option of filing a civil suit against the driver for your injuries, your medical bills, time lost from work, and personal pain/suffering.
I HIGHLY suggest you go get yourself a lawyer and sue.
Good luck.
2007-03-03 02:16:41 · answer #1 · answered by Team Chief 5 · 3⤊ 0⤋
I am sorry for your injuries and I can only imagine how you feel. Unfortunately, there is no 'proof beyond a reasonible doubt' that these girls did anything wrong other than driving without a license. No witnesses, no confession, no photos. Under our system of law, they are innocent until proven guilty. However, civil law requires that a person be found "guilty" by a perponderance of the evidence, which is a much lower standard. You may be able to sue the daylights out of them. If they were not driving, then they would not have hit you. I would check with a civil attorney. Good luck.
2007-03-03 02:19:20 · answer #2 · answered by no it all 1 · 1⤊ 0⤋
Most of the time, they may receive a citation for their traffic violations. They view it as no different that if they hit a pole, same thing would occur. They let you take the issue to civil court for reimbursement and other settlements.
Personally, I say this sucks for you in a very bad way. Did they flee the scene after they hit you? It's a shame that things work like this and even worse that we cannot control people with suspended, revoked or lost drivers license from driving. If they get pulled over it's another court date and a fine which never seems to bother them at all. It just plain sucks
2007-03-03 02:35:11 · answer #3 · answered by Colonel 6 · 1⤊ 0⤋
That is exactly why both sides of the story are important. The NY district attorney -probably-did not say that the girl would only be charged for driving without a license. Medical history was not included in that story-age and genetics do factor into most stories.
2007-03-03 02:32:10 · answer #4 · answered by Anonymous · 0⤊ 1⤋
Unbelievable! I'm very sorry to hear your story. After talking to a lawyer, I'd talk to the media. You need news coverage to bring pressure on the DA to make the charges. I'm not sure I believe that's all she can do.
2007-03-03 02:13:35 · answer #5 · answered by WJ 7 · 0⤊ 0⤋
that's freaking ridiculous!!! get the opinion of a different lawyer, take them all to court...take it to the supreme court if you have to! good proof of how messed up our court/legal system can be sometimes!!
there might be some street cameras if you haven't looked already...
2007-03-03 02:11:56 · answer #6 · answered by Paulien 5 · 0⤊ 0⤋
That sux.
Talk to a lawyer. Any action he can take will be the closest to justice that you'll get.
2007-03-03 02:10:33 · answer #7 · answered by CJohn317 3 · 0⤊ 0⤋