Can Somebody Be Charged for Threatening You After an Accident

I sped up to pass a slow moving car in front of me (I was within speed limit). The driver became upset that I passed him and moved into his lane, so he started to high beam and tailgating me. He then sped up to get along side of my car and quickly swerved into my lane, as if trying to hit me. When we arrived at the traffic light, he was stopped next to me. While the light was still red, he rolled down his window and began to yell at me. He suddenly drove into my lane and our cars collided. After he purposely hit my car, he drove away. I chased after him to get his license plate. He stopped and got out of the car to walk toward me while shouting and throwing his arms up. For the duration of this incident, I did not reciprocate his verbal attack and I told him that I called the police so that he can back off.

I reported this incident to the police immediately. They later reviewed the intersection video. I was informed that because I began to roll forward as he was entering my lane, I was the driver at fault even though the video showed that his car was entering into my lane.

Are there any criminal legal actions that can be taken against this person? When I called 911 that night, I was told by dispatch that a witness confirmed my story of the driver being hostile towards me. However, the officer I spoke with stated that if I chose to pursue action, I would be the one at risk for being charged with vandalism to the person's car. I feel that this is unjust, as I was genuinely afraid for my safety, he made 2 attempts to strike my car, and he made a sudden unsafe lane change across a solid white line to intimidate me with his car.

Thank you for your time and advice. (This happened in Southern California)

What state are you in?

Quote:

---

Quoting WhiteCar2015

---

Are there any criminal legal actions that can be taken against this person? When I called 911 that night, I was told by dispatch that a witness confirmed my story of the driver being hostile towards me.

---

Potentially yes. But there is no guarantee you wouldn't also be guilty of some violation out of this incident. You may contact the prosecutor’s office and give them the facts of what happened but it is ultimately up to the prosecutor what charges, if any, to bring out of this.

If you or your car suffered damage from this you may also sue the other driver for a judgment in a civil lawsuit.

Quote:

---

Quoting cdwjava

---

What state are you in?

---

I am in Southern California.

I felt threatened for my safety as this hostile driver literally chased me down to try to strike my car twice. He also tried to physically attack me when he got out of his car before backing off when I told him I am on the phone with the police. When he made the second attempt to strike my car while I am stopped at the red light in my own lane, I don't remember moving my car at all. The police officer that reviewed the intersection video said that he SAW the other car halfway into my lane. But because it looks like my car rolled forward just a little bit to meet the collision, I am at fault.

I did everything right by not reciprocating his verbal abuse and avoiding conflict. Yet he crossed into my lane while at a red light to tore my front bumper off. (His car has no damage) Another driver on the road that witnessed this called 911 and confirmed my story as I was told by the dispatcher when I called 911. The intersection video tape showed his car halfway into my lane. Both of our cars were stopped, he didn't signal, it was purely intent to hit my car. Yet when I talked to the police officer on my case again, he said that if I were to pursue any charge, I would be the suspect. I am losing my faith in the legal system. Why am I being punished and the other person can get off completely scott free?

Unfortunately, we do not have all the information that the officer had or thought he had when he made contact with you.

Where did your two cars impact? In other words, what portion of your car hit what portion of his?

Ultimately you cannot force the police to take any crime report, nor can you force them to send it to the DA if they did.