Deliberately ran over by drunk driver...

by Leslie
(Louisville, KS)

I was ran over on a gravel road while walking, a person I had just met backed over me. I even got completely off the road in the ditch up against the barbwire fence to avoid it. I felt he was going to run me over because he was intoxicated, and he deliberately did. Then he left the scene and did not call 911, even though my boyfriend told him repeatedly to do so.

I was knocked unconscious and did not know anything until a day and a half later. I was hospitalized for 3 days total, and now have over $15,000 in medical bills. Do I have a case for my hospital bills and my pain and suffering? Isn't what he did a crime? What else can I do about this? Thank you.

Visitor Question:
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ANSWER for "Deliberately ran over by drunk driver...":

Leslie (Louisville, KS):

Whether or not the driver committed a crime or should be liable will depend upon whether or not you were in the road in the lane of traffic when the collision occurred. If you were, there may be some shared liability, or comparative negligence. Moreover, if you had been consuming alcohol, your comparative negligence would be higher.

Under the Kansas Comparative Negligence Statute, a victim may recover compensation from the party who negligently or willfully cause injuries. But that's only if the victims’ contribution to his or her own injuries was less than 50%. If it is found you were 50% or more negligent, you can’t receive anything from the driver.

If your contribution to the collision was less than 50%, then you can recover compensation proportionate to your percentage of comparative negligence. To read more about Kansas comparative negligence law go to:

Kansas Statutes Annotated Section 60-258-a

From the facts you present, the driver may have committed a crime. Hopefully, at the time the driver tried to run you over you contacted the police. If not, it is not too late to do so. You can still go to the police station and file a report.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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