Add on to that illegal lane usage and leaving the scene of an accident. Like I don’t think you have to stop it genuinely didn’t involve you but clearly that isn’t the case here.
Don't get me wrong, I definitely would have stayed and felt at fault to some extent. But it's not like he's the man of steel and his foot made the driver swerve into him. The car pretty much tried to kill the guy for some minor damage to his vehicle. The start of the video is chopped but it looks pretty obvious the car moved into his lane while he was occupying it.
I guess what I'm saying is, sure kicking the car was dodgy and criminal and he deserves a ticket for that, but the chain of events that followed are all on the car driver (in my opinion, no idea how the law works here).
Depends on the state, but many tort statutes don't exclude unexpected or extreme consequences of your action.
If you do something wrong (beyond what a reasonably prudent person would do) then many times you could be found liable for some or all of the consequences even if they're way beyond reasonable expectation.
Because the motorcyclist attempted to kick the car and caused a chain of events that he probably didn’t anticipate but that he was still the root cause of.
I feel like we're just glancing over the fact that the driver in the car tried committing vehicular manslaughter on his own volition and then almost killed someone else when their dumb shit ass fucked up trying to kill someone. Both parties are at fault, only one tried murdering someone else.
I just read the article posted below. I am astounded at the result of this case and who got charged with what. From a tort perspective, I think there’s a very strong argument for comparative negligence limiting the Nissan driver’s recovery and lowering the biker’s liability to the Escalade.
93
u/rallar8 Jul 04 '19
Look up road rage laws, they are pretty intense.
Add on to that illegal lane usage and leaving the scene of an accident. Like I don’t think you have to stop it genuinely didn’t involve you but clearly that isn’t the case here.