A source had told WABC in New York that the surveillance videoappears to show that alleged victim may not have been struck at all.
Police are trying to sort out the key facts in the case, hoping to figure out exactly what happened. Authorities do not believe Lohan was drunk, and they didn't even give her a Breathalyzer test.
Detectives acknowledged that the video does not clearly show Lohan's Porsche hitting 34-year-old Jose Rodriguez. Investigators say the video does show Rodriguez running after Lohan's vehicle as she drove away from the Dream Hotel.
She was arrested and charged with leaving the scene of an accident, based on Rodriguez's report.
"She strikes the individual with the car, who was an employee of the Dream Hotel, injuring his leg," NYPD Commissioner Ray Kelly said. "She then leaves the scene."
The stakes are high for Lohan, who has had several brushes with the law. In May, she was cleared of allegations she hit a night club manager in Los Angeles. And she's still on probation for a jewelry theft case last year.
This case may be a probation violation.
"Whenever you have actions that either are law breaking or violating moral ethics, then you're going to have a situation where you can lose your probation and end up in jail, end up with extended probation or end up with a separate sentence," trial attorney Herb Subin said.
Her publicist says Lohan is innocent of any wrongdoing in the incident, saying in a statement that she is "confident this matter will be cleared up in the coming weeks and the claims made against Lindsay will be proven untrue."
The alleged victim says he plans to sue the actress. Her father, Michael Lohan, says they will counter-sue.
