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  1. #1
    Join Date
    May 2015
    Posts
    6

    Default Can You Sue Somebody for Almost Hitting You With Their Car

    I was almost hit by an oncoming vehicle in the parking lot of my work one evening. This vehicle came straight toward me at an unsafe speed, headlights practically blinding me. I could not see the driver of the vehicle, just headlights. It was dark and raining out so I couldn't even make out the vehicle model, but I thought it may have been red in color and appeared box-like in shape. As the vehicle came closer, I moved out of the way and the driver ended up swerving a second or so later and just kept going until reaching the edge of the parking lot and then continuing to make a right. I work for a security company and have access to the cameras on the property. After viewing the video file I could see the color wasn't red but dark blue and it looked like an SUV. Unfortunately, the cameras are horrible, low resolution garbage, so I couldn't make out the license plate. I suggested to the safety specialist to check the computer system to see who went on break at that time and find out what type of vehicle they drive with what's on file. Every employee has a badge which is used to enter and exit that facility and when swiped at the card reader, it's logged with the computer system. Almost two weeks later, the safety specialist tells me that HR isn't going to do that because they believe it doesn't offer enough concrete evidence to pinpoint who the driver was, that it could have easily been anyone driving on the property, possibly not even an employee. She also stated that she didn't feel comfortable outright accusing anyone, either. It infuriates me that they totally disregard my life like that, not even to make an effort to locate the person responsible. She said all that can be done is to implement safe driving practices with the employees. I had asked her if she was able to put it in writing for me and she told me she would speak to the VP of Operations regarding my request. The next day I get a phone call from my employer asking me to not inquire of them anything to do with the matter, that an investigation had been done and nothing further is to come of it, that my employer doesn't want to lose the contract with these people. Since then, I've been hush about it. But, I'm still peeved and wonder if I even have a case against them. If anyone can shed some light on this for me, it'd be much appreciated. Thank you.

  2. #2
    Join Date
    Mar 2013
    Posts
    1,255

    Default Re: Can I Sue

    A case against who?

    You can't sue for what might or could have happened. Instead, you can only sue for your actual losses and based on what you've posted, there were none.

    You were almost the victim of improper driving by an unknown person operating a vehicle you cannot identify, and circumstances are such that there is insufficient information available to establish who the driver was beyond a preponderance of the evidence.

    Even if the person was identified, you have reported it to their employer and it is now a personnel matter. Whatever discipline they choose to administer is confidential, between the employer and the employee, and none of your business.

    You have done what needs to be done. It's time to stop. Should you continue to unnecessarily rattle cages you may place your employer's contract in jeopardy. In such cases the squeaky wheel usually gets replaced and you may find yourself out of a job.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can I Sue

    I suggest you find some way to get over this. Given the actions by your employer already I suspect should you push much more your employment may be in jeopardy.

  4. #4
    Join Date
    Oct 2014
    Posts
    7,831

    Default Re: Can I Sue

    Quote Quoting Supah Kent
    View Post
    I was almost hit by an oncoming vehicle in the parking lot of my work one evening....But, I'm still peeved and wonder if I even have a case against them. If anyone can shed some light on this for me, it'd be much appreciated. Thank you.
    (Bolding added.) You do not have a good case to sue the driver or anyone else out of this because of the word I highlighted from your post: almost. Lawsuits are about compensating you for the harm done by the negligent or wrongful acts of others. If you suffer no harm from what the other person did you have nothing for which to sue. Since you were not actually hit by the vehicle you suffered no harm and have nothing for which you could sue. Lawsuits are not like the lottery; you do not get a big award for nothing.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,333

    Default Re: Can I Sue

    If you actually HAD been hit, then it MIGHT make sense for HR to take the considerable time and trouble to check each and every employee's badge and record to try to identify the driver. But for an almost? Of course they're not going to, and frankly it's pretty presumptuous of you to even suggest it. That's a lot of work to MAYBE be able to identify someone who DIDN'T hit you. Grow up and get over it - the world does not revolve around you.

  6. #6
    Join Date
    Dec 2013
    Location
    Midwest Frozen Tundra
    Posts
    147

    Default Re: Can I Sue

    I don't want to pile on here, but honestly, you didn't get hit, you didn't get hurt, you suffered no physical damages or losses. Be thankful that in a world full of stupid, one managed to miss you completely. Be grateful for your life and your ability to vent on the Internet. Life is short. Live it.

  7. #7

    Default Re: Can I Sue

    Quote Quoting No_Angel
    View Post
    I don't want to pile on here, but honestly, you didn't get hit, you didn't get hurt, you suffered no physical damages or losses. Be thankful that in a world full of stupid, one managed to miss you completely. Be grateful for your life and your ability to vent on the Internet. Life is short. Live it.
    I agree with you
    No_Angel, just live it if you are not get hurt from this situation.

  8. #8
    Join Date
    Sep 2010
    Posts
    19,592

    Default Re: Can I Sue

    If you're almost hit, and almost injured, you almost file a lawsuit, and almost get a judgement. What you will be out of is a lot of time and effort to get almost nothing.

  9. #9
    Join Date
    Mar 2013
    Posts
    17,777

    Default Re: Can You Sue Somebody for Almost Hitting You With Their Car

    Quote Quoting Supah Kent
    View Post
    I was almost hit by an oncoming vehicle in the parking lot of my work one evening. This vehicle came straight toward me at an unsafe speed, headlights practically blinding me. I could not see the driver of the vehicle, just headlights. It was dark and raining out so I couldn't even make out the vehicle model, but I thought it may have been red in color and appeared box-like in shape. As the vehicle came closer, I moved out of the way and the driver ended up swerving a second or so later and just kept going until reaching the edge of the parking lot and then continuing to make a right. I work for a security company and have access to the cameras on the property. After viewing the video file I could see the color wasn't red but dark blue and it looked like an SUV. Unfortunately, the cameras are horrible, low resolution garbage, so I couldn't make out the license plate. I suggested to the safety specialist to check the computer system to see who went on break at that time and find out what type of vehicle they drive with what's on file. Every employee has a badge which is used to enter and exit that facility and when swiped at the card reader, it's logged with the computer system. Almost two weeks later, the safety specialist tells me that HR isn't going to do that because they believe it doesn't offer enough concrete evidence to pinpoint who the driver was, that it could have easily been anyone driving on the property, possibly not even an employee. She also stated that she didn't feel comfortable outright accusing anyone, either. It infuriates me that they totally disregard my life like that, not even to make an effort to locate the person responsible. She said all that can be done is to implement safe driving practices with the employees. I had asked her if she was able to put it in writing for me and she told me she would speak to the VP of Operations regarding my request. The next day I get a phone call from my employer asking me to not inquire of them anything to do with the matter, that an investigation had been done and nothing further is to come of it, that my employer doesn't want to lose the contract with these people. Since then, I've been hush about it. But, I'm still peeved and wonder if I even have a case against them. If anyone can shed some light on this for me, it'd be much appreciated. Thank you.
    Damn, that's some mountain you made out of that mole hill.

    Get over it before you burst a blood vessel.

  10. #10

    Default Re: Can You Sue Somebody for Almost Hitting You With Their Car

    You shouldn't sue because you no damages occurred

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