Question:
Can I get in trouble or sued for almost hitting a pedestrian in a parking lot?
Summer
2012-08-21 09:39:46 UTC
It was dark outside and I was backing out at work and I didnt see this woman and her daughter and I almost hit them. But I didn't it was an accident and my car has horrible blind spots (toyota celica) Anyways she called my work and was trying to get my last name. (but they couldnt give it to her) and she said she was gonna file a police report. Can I get in trouble or can she sue me or something?
Eleven answers:
Norm
2012-08-21 09:45:01 UTC
Anyone can sue anyone for anything. The real question is: Can she win?



You said you ALMOST hit the woman and her daughter. This means she doesn't have a case because she cannot show any harm (physical injury or property damage). If she tries to claim mental or emotional distress from being ALMOST hit by a car, the judge will throw it out (if he/she doesn't laugh it out). Chances are no ethical lawyer would represent her in the first place.



Let her file a police report. The police can't ticket you because they didn't see it and no harm was done. Sounds like this lady is either a whack-job or one of those entitlement-minded leeches who wants to milk the system for all it's worth. If anyone calls you about this -- the police, an insurance agent, a lawyer, etc. -- tell them point-blank that you DID NOT hit the woman or her daughter and that's all you have to say.
?
2012-08-21 09:44:59 UTC
Can't sue for damages that almost happened.



The police also aren't going to care about an almost accident. Without an actual incident they can't issue a ticket for a near miss.



This woman was just blowing smoke up your a$$. She was probably just angry at the time, and if she follows through with these threats she will learn quickly that it will be nothing but a waste of her time and possibly money.
raina_vissora
2012-08-21 09:43:56 UTC
"Almost hitting someone" is not a crime. While pedestrians have right of way, they are also responsible for paying attention to drivers who may or may not see them.



The fact that you did NOT hit her proves that you were paying attention to what you were doing and driving in a careful and legal manner.



I would point out that the fact that your car has horrible blind spots would not be a legitimate excuse if you had hit them, however. My car has a pretty huge blind spot when the top is up, too (Sebring convertible... it has a really tiny rear window, so you've really got to watch what you're doing when you're backing up). It's your responsibility to know where your blind spots are in your car and compensate for them.
anonymous
2012-08-21 09:43:17 UTC
If you almost hit somebody then they can almost call the police who will almost give a sh*t and almost charge you with an almost crime.



If you know that your car has horrible blind spots (whatever what means), you need to turn around to see where you're going when you back up. The make of the car is no excuse for you.
?
2016-10-01 07:32:37 UTC
Learn to appear each approaches - two times - earlier than continuing throughout a crosswalk and do away with the stinkin tint - that's a truly well cause to not have it...........subsequent time the man or woman is also critically harm.....or worse EDIT - to all you persons that didn't learn the query adequately, the pedestrian used to be NOT within the center of the avenue, however at a nook in a crosswalk discipline...............I have extra years of motor running revel in than such a lot of you wiseacre besides the fact that children !!!!
Socrates
2012-08-21 10:45:33 UTC
Sadly, in this litigious environment, anybody can sue anybody for anything. Too many people think they are entitled (entitlement mentality) to life always going exactly the way they want it. If it doesn't, and they can blame someone for that, watch out! Part of this is using police to get back at people. There are people that will call 9/11 if their order is screwed up at McDonald's.



Hopefully, nothing goes any farther than this. You didn't hit anyone, simple as that.
JT
2012-08-21 09:44:23 UTC
Nope. Almost an accident isn't an accident. Almost hitting them isn't hitting them. The police won't take a report on that.
anonymous
2012-08-21 09:41:10 UTC
Sue her and her children for almost damaging your car with their knees.
Madison
2012-08-21 09:40:46 UTC
You shouldnt. It was truly an accident
?
2012-08-21 09:44:27 UTC
She can't do anything! Trust me, you are safe, there is nothing she can do if you didn't actually hit her.
Peter
2012-08-21 09:41:57 UTC
if you didn't hit them, then how can they sue you for something you ALMOST did??


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