New Orleans, LA asked in Criminal Law, Personal Injury, Traffic Tickets and Car Accidents for Louisiana

Q: Is intentionally intimidating pedestrians within a crosswalk assault?

I live in New Orleans, and often when I'm walking within a clearly marked crosswalk, vehicles will slow down just enough so that they could brake hard to avoid hitting me if I keep walking but are clearly maintaining enough speed to try to intimidate me into not continuing on. Isn't this assault with a deadly weapon? The vehicle could kill me. The driver's behavior indicates that they notice me within the crosswalk, but they're not slowing enough to make it clear that they're yielding the right-of-way to me. It often feels like I'm being threatened with a potentially lethal force so that someone can save 30-seconds getting to their destination.

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Personal Injury Lawyer
  • Little Neck, NY

A: A Louisiana attorney could answer best, but your question remains open for two weeks. Assault can be both a civil offense and crime. Under common law tort principles (not state-specific, but GENERAL principles), one could argue assault in the civil sense in terms of placing one in fear of imminent harm. But there is a requisite element of intent. As for the criminal context, that's something a criminal defense attorney is qualified to advise on. If you approached a local attorney, they could analyze it more meaningfully in terms of Louisiana penal codes and civil law. Good luck

Tim Akpinar

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