Carjacker Defeated By Victim Cannot Sue Over Injuries, Lawyer Says
(PRWEB) July 26, 2013 -- Dorthy Baker had just gotten into her minivan with her two sons when a man with a knife leaped out and threatened her reported NY Daily News. The frightened mom punched her attacker in the face, drove into a pole, threw him out of the van and drove over him – and Houston Accident Attorneys says there's nothing the carjacker can legally do about it.
According to police Ismael Martinez had hidden himself in the back of her unlocked van and pressed a knife to her older son's throat, ordering her to drive to an ATM. But Baker says he “messed with the wrong witch.” She was cut once during the struggle, but held onto his knife, got him out of the car and accidentally drove over him according to NY Daily News article titled "Fierce Texas mom turns tables on would-be carjacker in hand-to-hand fight" (6.17.13).
Houston Accident Attorneys is a free service that helps victims of accidents find local, qualified attorneys to help with their case. But spokesperson Jennifer Fletcher says that even though Martinez was seriously injured and hospitalized, he has no grounds to sue Baker.
“Personal injury law is based on who's at fault,” Fletcher said. “You can blame a driver for running someone over on purpose or through negligence, but you can't fault them for defending their lives.”
Fletcher says that self-defense is always tricky because the law doesn't allow the use of excessive force, but she doubts a jury would side against Baker.
“An unarmed mom attacked by a larger, armed male – that's a clear case where she had to do everything in her power to stop him,” Fletcher said. “Her kids' lives were also at stake. I can't imagine a jury in the world ordering her to pay damages.”
About Houston Accident Attorneys:
Houston Accident Attorneys is a free resource dedicated to helping the victims of accidents and injuries find a local Houston accident attorney that fits their needs. The organization works with a variety of personal injury lawyers with different areas of practice and can connect accident victims to a lawyer tailored to their unique circumstances. They can be contacted at houston-accidentattorney.com.
Jennifer Fletcher, Houston Accident Attorneys, http://www.houston-accidentattorney.com/, 713-338-2776, [email protected]
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