Can I sue someone for nearly causing an injury/accident?

There are few things as scary as being nearly run over by a careless or negligent driver. When this happens, you can still suffer physical injuries. You could also suffer from extreme mental anguish. You may be able to sue someone that causes you harm due to a “near-miss” incident.

What can cause someone to almost be run over?

There are various ways in which these incidents occur. During the latest reporting year in Minnesota, there were 1,017 crashes in which at least one pedestrian was injured or killed by a motorist. While we do not have exact data on how many “near miss” incidents there were, it is clear that pedestrian incidents do occur regularly in the state.

Some of the main contributing factors in pedestrian crashes include drivers failing to yield the right-of-way, distracted driving, and impaired driving.

If you have been the victim of a “near-miss” incident, you need to call the police so they can investigate. If the driver that caused the “near miss” has left the scene, try to remember as much information as possible about the vehicle, including the make and model, the color, as well as identifiable information about the driver.

If the driver stayed on the scene, make sure the police arrive and take statements, particularly if you have been injured.

What kind of damages are available?

If you can identify the driver responsible for nearly running you over, you could have a claim against them for the damages you have suffered. This could include any medical expenses you incur due to physical injuries.

Even if you were not physically injured due to someone nearly running you over, this is a very traumatic incident that could cause severe emotional and psychological distress. In these cases, your mental anguish will need to be diagnosed and treated by a doctor, and you will likely have to prove physical manifestation of this mental anguish such as weight loss, hair loss or other symptoms that a doctor can diagnose and confirm.

In a near-miss case, you need to prove a few things:

  • That you were in the “zone of danger.” This means that you narrowly escaped death or injury.
  • That you suffered physical manifestations of your emotion and psychological distress, as diagnosed and treated by a physician.

What you can do to help your case

If you have almost been run over by a careless or negligent driver, you need to seek medical assistance. First, seeking medical care soon after an incident ensures your well-being is looked after. Your health is the most important factor, and you may have injuries you are not sure about right after the accidents.

Second, seeing a doctor established a connection to the incident and your health. This will be important if you later develop emotional or psychological problems due to the incident. We could consider this a high stakes game of connect the dots. The more proof you have that your symptoms are present due to the car accident, the more seriously you will be taken by the insurance companies.

You should speak with a qualified car accident attorney who can guide you through this process. Dealing with insurance companies can be complicated, so let your attorney get to work as soon as possible on your case.

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