Bikers Attack Driver After Accident: Caught on Tape

SouthArk370Z · 10-02-2013, 10:50 AM

meh None of us have all the facts, so I can't get too upset with any theories that conflict with mine.

And this is an Intertubes forum, not a court of law.

Regardless of what the law is (and assuming my theory is correct), I think the guy in the RR was justified to react the way he did in that situation. His only option was to get away from the guys. The riders had blocked a major road so that his only path was over those bikes and people. The riders intentionally put themselves in danger. YMMV

Red__Zed · 10-02-2013, 10:54 AM

Quote:

Originally Posted by SouthArk370Z

meh None of us have all the facts, so I can't get too upset with any theories that conflict with mine.

And this is an Intertubes forum, not a court of law.

Regardless of what the law is (and assuming my theory is correct), I think the guy in the RR was justified to react the way he did in that situation. His only option was to get away from the guys. The riders had blocked a major road so that his only path was over those bikes and people. The riders intentionally put themselves in danger. YMMV

That's been my point since the beginning, although perhaps not as well stated.

The initial altercation becomes the major turning point. If something comes up showing a tire slash at the first stop (or other reason to fear for his life), the driver is in the clear. There's a possibility of a civil suit regardless, which will be interesting to see how it goes. There's also no reason the biker could not sue the tire-slashing guy as well...maybe get a 2 for 1.

I'm not sure how NY treats SD manslaughter. Will have to dig up some precedent. Running over the guy is similar to shooting a bystander when you get mugged.

ElVee · 10-02-2013, 10:58 AM

Definitely depends if that "bystander" is part of the group or not. The biker victim may not have made any actual violent pretense, but as a part of the group he is still participating in intimidation and whatever else the group commits. Not as bad as the actual doers/leaders of the violence, but certainly still a participant.

Red__Zed · 10-02-2013, 11:00 AM

Quote:

Originally Posted by ElVee

Definitely depends if that "bystander" is part of the group or not. The biker victim may not have made any actual violent pretense, but as a part of the group he is still participating in intimidation and whatever else the group commits. Not as bad as the actual doers/leaders of the violence, but certainly still a participant.

Not under US law (with limited exceptions).

ElVee · 10-02-2013, 11:08 AM

Quote:

Originally Posted by Red__Zed

Not under US law (with limited exceptions).

If you can't tell who the bystanders are apart from the attackers, and they all appear to be part of the same group... Should the RR driver rolled down his window and politely asked for clarification?

The guy run over might have been the good samaritan of the group, but he is still part of the group that escalated things.

Red__Zed · 10-02-2013, 11:11 AM

Quote:

Originally Posted by ElVee

If you can't tell who the bystanders are apart from the attackers, and they all appear to be part of the same group... Should the RR driver rolled down his window and politely asked for clarification?

The guy run over might have been the good samaritan of the group, but he is still part of the group that escalated things.

I don't disagree with the principle (in this case) but it's a core principle upon which the English legal system was founded (and by extension, the US system).

You can imagine in other cases where this might not work out so favorably.

Chuck33079 · 10-02-2013, 11:12 AM

Quote:

Originally Posted by Red__Zed

I don't disagree with the principle (in this case) but it's a core principle upon which the English legal system was founded (and by extension, the US system).

You can imagine in other cases where this might not work out so favorably.

Agreed, but some kind of "dumbfuck exemption" might not be a bad idea.

10-02-2013, 10:50 AM	#1 (permalink)
SouthArk370Z Premium Member Join Date: Nov 2010 Location: South Arkansas Posts: 8,435 Drives: 2014 Challenger Rep Power: 324198	meh None of us have all the facts, so I can't get too upset with any theories that conflict with mine. And this is an Intertubes forum, not a court of law. Regardless of what the law is (and assuming my theory is correct), I think the guy in the RR was justified to react the way he did in that situation. His only option was to get away from the guys. The riders had blocked a major road so that his only path was over those bikes and people. The riders intentionally put themselves in danger. YMMV Chuck33079 and DEpointfive0 like this. __________________ Steering Lock Links - Search The370Z Bookmarklet - FSM @ NICOclub Mankind has progressed past the need for war but we haven't evolved that far. - NachoMahma

10-02-2013, 10:58 AM	#3 (permalink)
ElVee Track Member Join Date: Mar 2013 Location: Iowa Posts: 750 Drives: 13 370z 7at t+s grey Rep Power: 17	Definitely depends if that "bystander" is part of the group or not. The biker victim may not have made any actual violent pretense, but as a part of the group he is still participating in intimidation and whatever else the group commits. Not as bad as the actual doers/leaders of the violence, but certainly still a participant. SouthArk370Z likes this.

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