So, this guy hits me with his car....

[sol7]

I sort of keep an eye on the street I overlook. One of the property owners at the end of the street lives out of state and has had issues with people stealing stuff. I try to watch out for anything suspicious.

Today I see a jeep wrangler, that I haven't seen before, go down the street. This is a dead end street, so there is no through traffic. He ignored the no trespassing sign and went down the guys road. I grabbed my phone and camera and took a walk down to see what's going on. I see the Jeep heading back my way and I slow down to wait for him. I'm standing in the road and put my hand out to stop him and find out what he's doing down here. He's getting closer and closer and I'm thinking he's not going to stop. The road was snow covered with tracks for the tires. I was standing in the drivers side track. He was making no attempt to go around me or slow down.

He came right up next to me, rubbing his fender along my leg. I had to push against his mirror to keep from getting knocked over. Then I here the young kid in the passengers seat yell at the driver, like a what are you doing kinda yell. So the guy stops. So now I'm yelling at him, asking what he thinks he's doing. As in why are you trying to run me over. He was going on about checking the snowmobile trail or something. I told him this was private property....blah blah blah..... and he just starts to leave.

I'm standing there wondering what just happened and realized I had my camera, so I did a quick sprint and snapped a pic of the plate.

I called the Sheriff's department to report it and they said someone would come out. 3 hrs later, they had not showed yet and I had to leave for a while. Called them back to tell them I wouldn't be home and I'll call back when I return.

I get home around 10pm and call. Someone will come out, ok. Well, he didn't come out, but he called. Gave him the story. He said I could have him arrested for assault and for trespassing on railroad property (tracks run along this property). I wanted bad to have the guy arrested, but something was telling me otherwise. Now if it was my property, I would have done that. He said he could go talk to the guy now. Ok, that sound reasonable. Maybe the guy would get belligerent and get himself arrested.

The Sheriff called back about 1130pm. No one was home where the vehicle was registered. He left a card for him to call, but he said if they don't call he will not pursue it since I'm not pressing any charges. He will probably check to see if the guy is around tomorrow. So, basically nothing will happen unless I change my mind or the property owner wants to press charges. I will have to talk to him tomorrow.

I'm starting to wonder if I should of just had the guy arrested.....

 

[ra7c7er]

I don't think you did the wrong thing trying to get a pic of the plate but I wouldn't have gotten close enough to be in that situation.

I've called the police on people stealing metal scrap from the rail yard next to my place before but I didn't get close to them just watched and wrote down the plate.

 

[bobabode]

If he comes back? Call it in. Sounds like a rude punk either way. Glad he didn't injure you. You did right calling it in to the police, just in case they were casing your neighbors place. Let your neighbor/ the property owner make the next move, as you said.:yes:

 

[Cruzah]

Those are GOOD kids...These lil thugs in My neighborhood woulda shot you, took your camera and left You bleeding in the snow.

 

[Wigwam Jones]

This rambling narrative is kind of a mess. Try to explain what happened without making assumptions that we know what you know - we don't.

I sort of keep an eye on the street I overlook. One of the property owners at the end of the street lives out of state and has had issues with people stealing stuff. I try to watch out for anything suspicious.

That's nice. Neighbors looking out for one another. You are to be commended.

He ignored the no trespassing sign and went down the guys road.

What guy?

I grabbed my phone and camera and took a walk down to see what's going on. I see the Jeep heading back my way and I slow down to wait for him. I'm standing in the road and put my hand out to stop him and find out what he's doing down here.

You had no authority to stop him. Sure, you can try to get him to stop, but he doesn't have to stop if he doesn't want to. No, he's not allowed to run you over, but he doesn't have to stop for you. You're not a cop, you're a guy with a camera. As far as he knows, you're a mugger.

He's getting closer and closer and I'm thinking he's not going to stop. The road was snow covered with tracks for the tires. I was standing in the drivers side track. He was making no attempt to go around me or slow down.

He came right up next to me, rubbing his fender along my leg. I had to push against his mirror to keep from getting knocked over. Then I here the young kid in the passengers seat yell at the driver, like a what are you doing kinda yell. So the guy stops. So now I'm yelling at him, asking what he thinks he's doing. As in why are you trying to run me over. He was going on about checking the snowmobile trail or something. I told him this was private property....blah blah blah..... and he just starts to leave.

So he hit you with his vehicle, kind of. OK, that's a crime on his part, and you're the victim. He tried to leave when you were in mid-lecture. Well, surprise, he's not required to hang around and listen to you.

I'm standing there wondering what just happened and realized I had my camera, so I did a quick sprint and snapped a pic of the plate.

What just happened was he didn't respect your imaginary authority. But it was good to get a photo of the plate, since he did commit a crime when he hit you.

He said I could have him arrested for assault and for trespassing on railroad property (tracks run along this property). I wanted bad to have the guy arrested, but something was telling me otherwise.

That's your choice to make - on the assault charge. On the trespassing charge, that's not up to you. You're not the property owner of "the guy's" property (whomever that is) nor the railroad company. They can press charges for trespassing, you can't.

I'm starting to wonder if I should of just had the guy arrested.....

What is it you want to have happen? That's the question here.

It seems to me from reading this that you're just ticked off that the guy went four-wheeling on property that's not his, and then didn't respect your authority when you tried to lecture him about it. If you were concerned about him brushing your leg with his car, you could have (and still can) have him arrested for assault. But it seems to me that what you really want is for him to be read the Riot Act by a cop, and since the cop's not going to do that, you've got your panties in a twist.

If you press charges for assault, the guy will be arrested on a misdemeanor charge, most likely. He'll be basically ticketed and later advised of a court date, and he'll want to get a lawyer.

You will be contacted prior to the trial by the city attorney, who will want to understand your version of events, and will make a decision on whether or not to proceed to trial or to attempt to make a plea bargain with the guy who hit you.

If it goes all the way to trial, you will have to prove beyond a reasonable doubt that he hit you with his car. You have witnesses? He will (most likely) maintain his innocence, and his passenger may or may not back him up. Either way, it's your word against his, and that's not generally enough for a criminal conviction. Basically, he's going to be found not guilty.

I am not a lawyer, this is not legal advice. Talk to an attorney for legal advice. I have some law enforcement experience, that is all.

In any case, I'm not trying to say you did anything wrong. I might have done something similar. But it sounds like your feelings are hurt because you tried to chew out a young whippersnapper who was misbehaving, and they ignored you. My advice is to get over that feeling. It sucks, but it's life. No one has to stop for you if you block their car in the road, and no one has to listen to you lecture them. It was a crime when the driver hit you with his car, but the chances that you'll obtain a conviction are (in my opinion) poor. Time to move on.

 

[zebra03]

You stood in the road and got hit and your surprised . Really . What gave you the right to detain him ? Not your property . Not your problem .

 

[Wigwam Jones]

You stood in the road and got hit and your surprised . Really . What gave you the right to detain him ? Not your property . Not your problem .

A person in a car still cannot hit a person standing in the street. That's not allowed.

However, it is also correct that the OP had no authority to stop or detain the person driving the vehicle. He was well within his rights to try to flag him down and it's his choice whether or not to try to chew him out for trespassing on other people's property, but the driver had no obligation to stop or to listen.

The only thing the driver was not allowed to do was to hit the OP with his car, which he apparently did. That was a crime. The rest of it, not so much.

 

[DENNYDOG]

I think you did enough by letting him know that people watch the area.

It always worries me about getting authorities involved in petty things like this. It could possibly lead to other "issues" with the individuals down the road, if you know what I mean.

If you see them around again then I would contact the authorities one more time. Hopefully they got the hint that people are watching and not to do anything stupid.

 

[zebra03]

I know all about getting hit . While on my bicycle last summer , I was hit by a diesel pick-up head -on while I was in a crosswalk . 13 staples in my head , broken rib , torn ligament in my arm and lots of back pain . I did not have a choice . But I am smart enough to know if there is only 2 tracks for one vehicle , I probably should not stand in one when a vehicle is coming .

 

[boatdrinks77]

My opinion is that you stuck your nose where it didn't belong.. So what, a kid drove down a road... It wasn't even your property... It is commendable that you watch out for your neighbors, but what if this had been the owners grandson or nephew, and stopped by to say hello.. would you have knocked on your neighbors door and ask him who's Jeep it was ??

I live in a condo complex with association rules, and there are many retired, old people that live here. They are constantly sticking their nose into everyone's business and it gets to the point of almost harassment... We have covered car ports that go with each condo. No one is allowed to park in that spot except the owner/renter of that specific condo.

So a young guy rents the condo next to mine and parks his Honda in his covered parking. The old lady in the next building called the homeowners association because she noticed he wasn't driving the car (you are not allowed to have junk cars not running in the parking lot) and had his car towed because it had sat for over 72 hours in the same spot. She told me she had it towed and was proud of that fact. This poor kid lost his car because he couldn't afford the $200 tow bill plus the $50/day it sat in the tow yard.

The old lady was shocked and offended when I told her what she did was simply an evil thing to do....

Just an example of someone sticking their nose where it really doesn't belong.....

Just my opinion.... Dan

 

[JohnVF]

Man, some of you guys out in the country would die in the city.

 

[Wigwam Jones]

We have covered car ports that go with each condo. No one is allowed to park in that spot except the owner/renter of that specific condo.

I used to live in apartment building that had covered parking spaces that you could rent, or you could park in uncovered parking for free. The covered spaces were numbered and assigned to the people who paid for them.

I used to travel for a living, and I'd get home from the airport at 2 or 3 in the morning, and there would be someone parked in the covered spot I paid for. You bet I called the management in the morning. As far as I know, no one got towed from the spot, but I was paying for it, so it's mine to use, not someone else's. Definitely my business, and if they did get towed, it was due to their own fault; the covered spots were clearly posted as being only available only to the people to whom they were assigned, and it was in the lease terms as well.

I had two cars - I paid for two spots. One of the cars didn't move much, because I was always out of town. Once, I lent the car to a friend for a few weeks, and while it was gone, I parked my remaining car across both my paid spots (they were next to each other) to keep people from parking in the other spot.

Some kind soul left a note on my windshield threatening to key scratch my car the next time I was so selfish as to take up both parking spots. Well, they're my spots to take up. Not much I could do about it, since I didn't know who wrote it.

A couple days later, I was parked in both spots again, and I heard someone outside my patio window (I had a 'garden level' apartment about 20 feet from my parking spaces). I looked out and saw a guy leaving another note on my windshield.

We had a chat.

I did not have the problem again.

I do not stick my nose where it doesn't belong, and I've experienced people who do. I am not against people like the OP looking out for their neighbor's property, but I think you have to understand going in that no one is required to stop just because you say so, and no one is required to sit patiently and listen to them chew you out. The fellow I found putting a note on my car threatening (again) to scratch my paint could have walked away and not listened to me when I came roaring out of my apartment.

 

[stereofanboy]

........So a young guy rents the condo next to mine and parks his Honda in his covered parking. The old lady in the next building called the homeowners association because she noticed he wasn't driving the car (you are not allowed to have junk cars not running in the parking lot) and had his car towed because it had sat for over 72 hours in the same spot. She told me she had it towed and was proud of that fact. This poor kid lost his car because he couldn't afford the $200 tow bill plus the $50/day it sat in the tow yard.

The old lady was shocked and offended when I told her what she did was simply an evil thing to do....

Just an example of someone sticking their nose where it really doesn't belong.....

Just my opinion.... Dan

That is a terrible story. The kid should have called the cops and reported his car stolen from his parking spot. If he had no recourse under the criminal code in your state, he should have sued either the tow company or the old lady, depending upon who could prove what.

 

[Wigwam Jones]

That is a terrible story. The kid should have called the cops and reported his car stolen from his parking spot. If he had no recourse under the criminal code in your state, he should have sued either the tow company or the old lady, depending upon who could prove what.

I don't think he'd have much luck doing either. If the association rules are followed, and the car is towed according to those rules, it's a sad thing for the kid, but no laws are being broken.

And frankly, if he didn't have the money to get his car out of hock (and I've had that happen and lost a car the same way, it does suck), then I sincerely doubt he has the money to sue anyone.

 

[zebra03]

Man, some of you guys out in the country would die in the city.

Silly city folk.

 

[stereofanboy]

The rule was against junk, non-running cars. Since BD77 said it was parked and then sat for 72 hours, I assumed it wasn't a non-running junker, but that the owner just hadn't happened to drive anywhere for three days. If it was non-running junk, that's a different story.

My brother had an early '60s Volvo that had insurance, a current tag, and was in running condition. He had two other cars, and didn't drive the Volvo much, so he parked it in his back yard, behind a privacy fence. It was only visible if you looked through the gate.

He received a letter from the city code enforcement telling him that he had ten days to get rid of it, or start receiving $500 per day fines. This was in response to a complaint from a neighbor who could only see the car if looking through the gate at a certain angle. Luckily my brother is pretty tolerant, and the neighbor eventually died of old age rather than blunt force trauma.

 

[Andyman]

The old lady in the next building called the homeowners association because she noticed he wasn't driving the car (you are not allowed to have junk cars not running in the parking lot) and had his car towed because it had sat for over 72 hours in the same spot. She told me she had it towed and was proud of that fact.

Hopefully someday she may be away for 72 hours or so and someone will pay her the same courtesy.

Bitch....

 

[Wigwam Jones]

The rule was against junk, non-running cars. Since BD77 said it was parked and then sat for 72 hours, I assumed it wasn't a non-running junker, but that the owner just hadn't happened to drive anywhere for three days. If it was non-running junk, that's a different story.

My brother had an early '60s Volvo that had insurance, a current tag, and was in running condition. He had two other cars, and didn't drive the Volvo much, so he parked it in his back yard, behind a privacy fence. It was only visible if you looked through the gate.

He received a letter from the city code enforcement telling him that he had ten days to get rid of it, or start receiving $500 per day fines. This was in response to a complaint from a neighbor who could only see the car if looking through the gate at a certain angle. Luckily my brother is pretty tolerant, and the neighbor eventually died of old age rather than blunt force trauma.

Good point, I stand corrected. Thanks for pointing that out.

In any case, I suspect the poor kid would not be able to sue or file a criminal complaint. It's a tough situation to be in.

Many years ago, I had an 84 VW van that had a problem with the pinion gear in the transaxle. It stopped running due to lack of lubrication (basically welded the pinion gears together) and I pulled over in a church parking lot near Chicago. Had to take the bus, then a train, to get back to my house in Wisconsin. I did my best to get back there but it was my only mode of transportation and I was a young kid with no money. Didn't even know the name of the church to call them and tell them I'd be by to pick it up as soon as I could - this was before the 'net. When I made it back a week later, it was gone. I was told the name of the tow yard that had it. Went there, and they wanted something on the order of $800 in accumulated fees to release it; that wasn't possible. They did let me get my stuff out of it, which was nice, except that my toolbox had been gone through and lots of stuff stolen. I mentioned that at the front office and was basically threatened with being shot if I didn't get off their property immediately. I left. Hell, a Chicago cop was standing there laughing while the guy behind the counter threatened to shoot me dead if I didn't high-tail it.

I have since learned that if you ever have your car towed and impounded, you're pretty much screwed. It's quite a racket, and in many places, very much mobbed up. You are guaranteed to have all your stuff stolen out of the car, and reclaiming it is intentionally designed to be too expensive to be worth it for older cars. It's a bummer it happened to him, I have many bitter memories, but there's not much some of us can do to avoid it happening.

 

[Cruzah]

@Wigwam Jones...
Do You remember that movie "Good Guys Wear Black" with Chuck Norris?
The part where He did the Flying Side kick through that villian's front window and took that creep out.
I think that could apply to this situation quite nicely.

 

[derekva]

The rule was against junk, non-running cars. Since BD77 said it was parked and then sat for 72 hours, I assumed it wasn't a non-running junker, but that the owner just hadn't happened to drive anywhere for three days. If it was non-running junk, that's a different story.

My brother had an early '60s Volvo that had insurance, a current tag, and was in running condition. He had two other cars, and didn't drive the Volvo much, so he parked it in his back yard, behind a privacy fence. It was only visible if you looked through the gate.

He received a letter from the city code enforcement telling him that he had ten days to get rid of it, or start receiving $500 per day fines. This was in response to a complaint from a neighbor who could only see the car if looking through the gate at a certain angle. Luckily my brother is pretty tolerant, and the neighbor eventually died of old age rather than blunt force trauma.

A great example as to why people need to think about the spirit, rather than just the letter of the law.

-D