SUV Runs Over Biker, helmet cam to the rescue?

Started Oct 4, 2013 | Discussions thread
OP stevo23 Forum Pro • Posts: 17,126
Re: "Reasonable man" doctrine.

Rexgig0 wrote:

The US legal system, regarding use of force, is largely based upon the "Reasonable Man" Doctrine; what a reasonable man would do under the same or similar circumstances. There is another doctrine also at play, the Doctrine of Competing Harms, which can be generally understood as choosing the lesser of two evils.

This is excellent and gets to the heart of it. Could he have tried certain things like slowly moving away until the biker got out of the way? Could he have slowed down and let the biker brake check him? Sure, but no lawyer or DA is going to hold him to such a standard as it's way out of the range of our normal existence and would require a highly trained and specialized skill set. And there's no guarantee that things would have turned out any different.

Is it reasonable for a man to stay parked in one spot, while surrounded by enraged bikers, who seem intent upon forcing entry and inflicting harm? While I cannot cite any references, I do believe that there are legal precedents that support the action of driving right over members of a mob who have demonstrated the intent to do harm.

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