Guy in LiLo 'Hit-and-Run:' She Was Drunk He may sue Lindsay Lohan, says Jose Rodriguez By Evann Gastaldo, Newser Staff Posted Sep 19, 2012 10:38 AM CDT 12 comments Comments Lindsay Lohan appears for a probation hearing in Los Angeles Superior Court Wednesday, Nov. 2, 2011. (AP Photo/Mario Anzuoni, Pool) (Newser) – Lindsay Lohan's day just keeps getting worse: After her arrest early today for allegedly leaving the scene of an accident, the guy who says she hit him with her car—Jose Rodriguez, 34—is telling the New York Post he thinks she was "drunk" at the time. "She was stumbling," says Rodriguez, who was leaving his job as a cook when the incident occurred. "I just saw the car coming and I turned around," he says, adding that when the car allegedly hit his leg, "it hurt a lot." He claims Lohan then snapped, "You gotta move," and went inside. He was taken to a hospital with knee pain, and says that he has ligament damage. Sort of odd, then, that security footage shows him "sprinting" after Lohan after the incident, according to TMZ. The gossip site reports that surveillance video captured the entire event, and makes it certainly appear as if Rodriguez "is grossly exaggerating his claim at the very least." In fact, sources say cops who viewed it can't even agree on whether LiLo's car actually touched Rodriguez. He's considering a civil suit anyway.