Assault & Battery Victim of road rage assault- where to go from here?

[elro63]

Jurisdiction

Texas

I was involved in a road rage incident in which someone fired shots directly at my vehicle as I was driving down the road- one of the rounds hit my car, less than a foot away from me. The perpetrator was arrested immediately and charged with aggravated assault with a deadly weapon. It is a cut and clear case and I believe that this person will be convicted.

I was not physically injured and I am far from what you would call a proponent of pursuing damages in court, but I believe this individual intended to harm me (or worse). I was extremely shaken up directly after everything happened, but went on about my business as usual after providing my statement to the police, etc. It scared the hell out of me, naturally, but I never expected to have any further problems. Unfortunately, ever since the incident occurred, I have had persistent nightmares and experience panic attacks almost daily. I have missed nearly two weeks of work. I think most folks would consider me to be a fairly realistic and level-headed person, but there have been times where I've been afraid to even leave my house due to the admittedly paranoid misapprehension of my assailant stalking me with the intention of harming me. I get anxious every time I see the same kind of vehicle the assailant was driving or if I hear a car backfire, etc.

Basically, I am dealing with quite a lot of unexpected mental woes stemming from an event that was more traumatic than I initially realized. I've given this a lot of thought and I have yet to come to a final decision, but I'd like to know what steps I should take in the event that I do elect to take legal action against my assailant.

 

[mightymoose]

Speak with a couple of personal injury attorneys. They can advise you of options available to you and likelihood of prevailing with your claim... More important is the likelihood of collecting.

 

[Disabled Vet]

I was involved in a road rage incident in which someone fired shots directly at my vehicle as I was driving down the road- one of the rounds hit my car, less than a foot away from me. The perpetrator was arrested immediately and charged with aggravated assault with a deadly weapon. It is a cut and clear case and I believe that this person will be convicted.

I was not physically injured and I am far from what you would call a proponent of pursuing damages in court, but I believe this individual intended to harm me (or worse). I was extremely shaken up directly after everything happened, but went on about my business as usual after providing my statement to the police, etc. It scared the hell out of me, naturally, but I never expected to have any further problems. Unfortunately, ever since the incident occurred, I have had persistent nightmares and experience panic attacks almost daily. I have missed nearly two weeks of work. I think most folks would consider me to be a fairly realistic and level-headed person, but there have been times where I've been afraid to even leave my house due to the admittedly paranoid misapprehension of my assailant stalking me with the intention of harming me. I get anxious every time I see the same kind of vehicle the assailant was driving or if I hear a car backfire, etc.

Basically, I am dealing with quite a lot of unexpected mental woes stemming from an event that was more traumatic than I initially realized. I've given this a lot of thought and I have yet to come to a final decision, but I'd like to know what steps I should take in the event that I do elect to take legal action against my assailant.

Don't join the military as you are not mentally prepared for the job. You should seek the advice of a lawyer. Did you get this person information to get them to fix your car.

 

[leslie82]

Don't join the military as you are not mentally prepared for the job. You should seek the advice of a lawyer. Did you get this person information to get them to fix your car.

Where did that come from "don't join the military?" Why would that even be something to state?

 

[army judge]

Where did that come from "don't join the military?" Why would that even be something to state?

I think our friend DV is referencing the OP's allusion to his deteriorating mental state.

 

[ElleMD]

Anxiety after a stranger unexpectedly shoots at you in normal and not a sign of a deteriorating mental state. First and foremost, you need to see a counselor. Talk to your family doctor for a recommendation. There are many who will even hold sessions by phone or skype if leaving the house is one of your triggers. You should also talk to your doctor about your anxiety to see if there are any medical interventions that might help in the short term.

You can't do much of anything legally if you have not sought treatment.

 

[army judge]

Anxiety after a stranger unexpectedly shoots at you in normal and not a sign of a deteriorating mental state.

You can't do much of anything legally if you have not sought treatment.

I spent FOUR long years in the jungles of Viet Nam, Cambodia, Laos, and North Viet Nam as a US Army ranger

I was shot at daily by strangers for four years, beginning at age 18.

I wasn't drafted.

I enlisted voluntarily, so anxious to serve my country that I left before my formal high school graduation ceremony.

My diploma was mailed to my mother and father while I was attending basic training.

I was bombed.

Grenades, mortar rounds, and artillery shells fell nearby.

I lived through the Tet offensive.

I fought daily and fired hundreds of rounds in the process.

I observed adult men deteriorate mentally.

I'm not a psychiatrist, and am not speaking as a medical provider.

I am speaking as a decorated combat vet.

Some might argue to the contrary, but my mental health has not deteriorated.

I lived though colon cancer caused by agent orange being dumped all around me.

It is my view, the view of a layperson that if one small arms round negatively impacts a person such that his daily routine is negatively affected, his mental state is deteriorated.

Just because you believe something to the contrary doesn't negate my opinion.

 

[ElleMD]

I am in no way minimizing your experiences in combat, but how one reacts in a situation where violence is expected and been trained for is very different. Sign up for the military and serve during combat, and a bullet pinging your vehicle is the least of what you expect. Driving home from the grocery store on American soil? No one should expect that. The fear that this irrational individual who resorted to gun violence because he didn't like how someone else was driving may be irrational enough to retaliate again is not unfounded.

If by "deteriorating mental state" you mean "manifesting itself physically", sure, that fits. If you mean to imply there is something wrong with this individual that being shot at by a deranged stranger is causing anxiety, that's off base.

 

[army judge]

If by "deteriorating mental state" you mean "manifesting itself physically", sure, that fits. If you mean to imply there is something wrong with this individual that being shot at by a deranged stranger is causing anxiety, that's off base.

The former is what I meant.

While we're opining, I feel you disparaged all of the opinions of our fine service members by attacking mine.

See how easy it is to do, and how useless.

No one signs up to be cannon fodder, that includes our fine law enforcement officers who experience it daily, too.

You can't prepare a human being to run to the sounds of REAL gunfire.

Why people do it, is unknown.

I suppose it has to do with patriotism.

Nonetheless, I earned my bona fides to speak, and I'm happy to have contributed to you being able to speak, too.

It is useless to disparage the comments of others.

Its usually best to make your argument, ignoring what others say.

We all have our opinions.

That's what a forum is all about.

If you have a better mousetrap, tout it, don't disparage the mousetraps others build.

But hey, if that floats your boat, have at it.

I'm just the boss of me.

 

[zddoodah]

I'd like to know what steps I should take in the event that I do elect to take legal action against my assailant.

Hire a lawyer. Hard to believe you didn't know that.

Of course, if this clown ends up in jail, the chances that any judgment you might obtain will be enforceable are virtually nil, which means the likelihood of finding a lawyer to handle this on contingency are slim, which means you'll likely have to pay the lawyer's fees up front, which probably would be a waste of $$.

 

[leslie82]

I think our friend DV is referencing the OP's allusion to his deteriorating mental state.

Still not sure why that's relevant since they never mentioned any plans to join the military.

 

[army judge]

Still not sure why that's relevant since they never mentioned any plans to join the military.

Its relevant because DV expressed his opinion.

That's the way I take it.

 

[leslie82]

I spent FOUR long years in the jungles of Viet Nam, Cambodia, Laos, and North Viet Nam as a US Army ranger

I was shot at daily by strangers for four years, beginning at age 18.

I wasn't drafted.

I enlisted voluntarily, so anxious to serve my country that I left before my formal high school graduation ceremony.

My diploma was mailed to my mother and father while I was attending basic training.

I was bombed.

Grenades, mortar rounds, and artillery shells fell nearby.

I lived through the Tet offensive.

I fought daily and fired hundreds of rounds in the process.

I observed adult men deteriorate mentally.

I'm not a psychiatrist, and am not speaking as a medical provider.

I am speaking as a decorated combat vet.

Some might argue to the contrary, but my mental health has not deteriorated.

I lived though colon cancer caused by agent orange being dumped all around me.

It is my view, the view of a layperson that if one small arms round negatively impacts a person such that his daily routine is negatively affected, his mental state is deteriorated.

Just because you believe something to the contrary doesn't negate my opinion.

Everyone reacts to trauma differently. I'm sure there are some you served with who suffered PTSD and others who didn't - or it affected them later in life. My great uncle served during WWII through many battles. My dad said he openly talked about his time during the war and it wasn't until later in life that he began to show signs of PTSD. He had another uncle who served who didn't handle it so well after he came home. Everyone is different.

I think I'd be a little freaked out if someone shot at my car more than if I had gotten shot while I was deployed. I'm expecting to get shot in Iraq or Afghanistan. I'm not expecting it on the highway near my home.

 

[army judge]

I think I'd be a little freaked out if someone shot at my car more than if I had gotten shot while I was deployed. I'm expecting to get shot in Iraq or Afghanistan. I'm not expecting it on the highway near my home.

That is your opinion.

I respect it.

Living in the jungle for 30-60 days at a time, existing off of what you forage, isn't for everyone.

It taught me that there's nothing you can do when its your time.

My dad spent four years and some months in the army in WWII.

It wasn't until I returned from my 1st tour in Nam that i learned he received two silver stars and two bronze stars in The Africa, Italian, and German campaigns.

In his day, PTSD was termed "shell shocked".

Their peers had little tolerance for them, illustrated by Patton's controversy with a shell shocked soldier in hospital.

All I'll say is you have to live it to know it.

 

[leslie82]

The former is what I meant.

While we're opining, I feel you disparaged all of the opinions of our fine service members by attacking mine.

See how easy it is to do, and how useless.

No one signs up to be cannon fodder, that includes our fine law enforcement officers who experience it daily, too.

You can't prepare a human being to run to the sounds of REAL gunfire.

Why people do it, is unknown.

I suppose it has to do with patriotism.

Nonetheless, I earned my bona fides to speak, and I'm happy to have contributed to you being able to speak, too.

It is useless to disparage the comments of others.

Its usually best to make your argument, ignoring what others say.

We all have our opinions.

That's what a forum is all about.

If you have a better mousetrap, tout it, don't disparage the mousetraps others build.

But hey, if that floats your boat, have at it.

I'm just the boss of me.

I don't see her disparaging opinions of servicemembers by responding to yours - and I'm active duty. She didn't seem to be trying to disparage anyone. I agree. You expect to get shot at when you deploy to a combat zone. That's what we train to do - we train to kill and we train in scenarios that are supposed to reflect a combat zone. Live fires, drills, etc. No one (in most places in the US) expects to get shot at. SOME cities you might expect to get shot at. Some cities in the US are like war zones or close to it. Most no.

 

[army judge]

I don't see her disparaging opinions of servicemembers by responding to yours - and I'm active duty. She didn't seem to be trying to disparage anyone. I agree. You expect to get shot at when you deploy to a combat zone. That's what we train to do - we train to kill and we train in scenarios that are supposed to reflect a combat zone. Live fires, drills, etc. No one (in most places in the US) expects to get shot at. SOME cities you might expect to get shot at. Some cities in the US are like war zones or close to it. Most no.

Again, your opinion, I respect it.

Doesn't change mine, however.

Thanks for contributing to the civil discussion.

 

[Disabled Vet]

I don't see her disparaging opinions of servicemembers by responding to yours - and I'm active duty. She didn't seem to be trying to disparage anyone. I agree. You expect to get shot at when you deploy to a combat zone. That's what we train to do - we train to kill and we train in scenarios that are supposed to reflect a combat zone. Live fires, drills, etc. No one (in most places in the US) expects to get shot at. SOME cities you might expect to get shot at. Some cities in the US are like war zones or close to it. Most no.

Where are you stationed at? The OP needs mental health treatment for sure. To many triggers in their life now. Once a person becomes unstable like they have stated they are. It's time to seek professional health. My suggestion to them was spot on. In case they are considering a military career.

 

[cbg]

Could we get back on topic, please?

 

[leslie82]

Where are you stationed at? The OP needs mental health treatment for sure. To many triggers in their life now. Once a person becomes unstable like they have stated they are. It's time to seek professional health. My suggestion to them was spot on. In case they are considering a military career.

I've been at stationed at several places and deployed twice to Iraq but I'm definitely not going to give you personal information about myself and where I am now. I'm not an idiot. I'm about at 13 years TIS. Why does it matter? Yes they need help but I don't understand why you mentioned the military when they never said anything about wanting to join the military. No one ever said that this person doesn't need to seek some counseling. It's quite obvious they have PTSD.

"In case they are considering a military career..." but there's nothing in their post that said that! So that comment was quite useless and pointless. Simply could have said you need to seek professional help to handle your issues. That's it. And that's why I said why was it necessary to say that they can't join the military? It wasn't. They asked about legal action if necessary. That was it.