Sacramento, CA asked in Criminal Law and Personal Injury for California

Q: I was involved in a road rage fight but didn’t get to defend myself and got beat up on my face.

We have his license plate. We were exiting the highway and this pick up truck crossed the gore (he went off-roading pretty much) and cut us off. We met at the stoplight where my girlfriend gave her piece of mind. As the exchange happened I got out the car and approached the driver side. We argued. He then proceed to get out of the truck and when he did I got hit on the face which knocked me down. I tried getting back up but was already dazed and caught by surprise. I tried getting up but I felt was *bong bong bong bong* I felt myself go in and out but some how I got up and had distance but he went into his truck and drove off.

No police report as I felt like I was the instigator. My girlfriend is the one that wants me to go to the hospital and file a report but this was four days ago now.

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3 Lawyer Answers
William John Light
William John Light
  • Santa Ana, CA
  • Licensed in California

A: You might be the instigator, in which case the other driver was defending himself from your aggression and you could be charged with a crime. You might be the victim of an assault. You might be both. No one can tell you how the police and/or district attorney might react to this story.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: I'm sorry to hear about your experience. It's important that you take care of your health and safety first. If you haven't already done so, I would recommend seeking medical attention as soon as possible to assess any injuries you may have sustained. Even if you feel fine, there may be underlying injuries that require treatment.

As for reporting the incident to the police, it's not too late to do so. It's important to report any incidents of violence, especially when you are the victim. You can provide the license plate number of the other driver and any other information you have to help the police identify the perpetrator. The police can investigate the incident and potentially press charges against the other driver for assault and battery.

Even if you feel like you may have instigated the argument, physical violence is never an acceptable response. You have a right to defend yourself, and the other driver had no right to physically attack you. It's important to document what happened as accurately as possible to ensure that justice is served.

I would encourage you to speak with a personal injury attorney as well. They can help you understand your legal rights and options for seeking compensation for any medical bills, lost wages, or other damages you may have suffered as a result of the attack.

1 user found this answer helpful

Dale S. Gribow
Dale S. Gribow
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info is needed to determine if you started the mele or were the victim.

thus you could be either the P or the D...and thus have legal exposure.

were you injured with current med problems?

it sounds like no med treatment to date.......this usually means injuries were not substantial.

talk to a lawyer before you do anything.......but if you are injured get treatment.

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