Visitor Question

Hit while riding a bicycle by a drunk driver without insurance…

Submitted By: Anonymous (Picayune, Mississippi)

While riding a bicycle to his home, a drunk driver crossed the two lane blacktop road, striking the cyclist knocking him into a ditch and then reversing the car and stopping the vehicle on top of the individual and bicycle. The driver tried to flee but was too drunk.

I proceeded to the police department and they said it would probably be a good idea to “forget about a police report because the person didn’t have insurance.” This just doesn’t sound right! Is there anything I can do?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

While we weren’t privy to the conversation the bicyclist had with the police officer, the statement made by the officer may have been taken out of context. However, if it was said, it would appear to have been inappropriate.

While it may be true the driver did not have insurance, based on your statement “(The driver) was reversing the car and stopping the vehicle on top of the individual and bicycle” it is clear the driver committed the Mississippi felony offense of Aggravated Assault.

Under Mississippi (Criminal) Code 97-3-7 (2), a person commits an Aggravated Assault if he or she:

“Attempts to cause serious bodily injury to another person intentionally or recklessly causes serious bodily injury to another while acting with extreme indifference to human life attempts or causes bodily injury to another person with a deadly weapon or by other means likely to cause death or serious bodily injury, or causes injury to a child who is in the process of boarding or exiting a school bus if the offender has failed to stop for the bus according to traffic laws.”

Speak with the police officer again and be sure to tell the officer that the driver reversed the car and stopped the vehicle on top of the individual and bicycle. Doing so should prompt a criminal investigation. If it’s found a crime was committed against the bicyclist, there are several options for recourse for victims of crime.

Learn more here: Bicycle-Car Collisions

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

Best of luck with your claim,

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