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Old 05-20-2009, 04:41 AM
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Quote:
Originally Posted by Quicksilver View Post
No one deserves to get run over for pounding on a car.
What he did deserve is a night in Jail, a very heavy
fine, restitution for a damaged vehicle, and anger
management classes.

Now all thats left is a tragedy that will effect the lives
of too many people. In my mind that's the real reality
a reality that could have been avoided.
Sure, it's better that the whole thing never happened but the reality is that there are people out there who will overreact to a traffic incident and will follow someone and take the additional step of getting out of their car and threatening the other driver. That other driver could be you or me and has in fact, been me. Putting aside the purported facts of the news story in this thread, would you be in fear for your personal safety, even your life, if some crazed and enraged man who happens to be larger than you is banging on your door, threatening to do all kinds of violent things to you, maybe even trying to yank your door open? Would you want to be second guessed Monday morning quarterback style and have your fear and emotions questioned? "Hey Barry, you shouldn't have been afraid. He didn't mean it. He was just having a bad day. You shouldn't have been afraid. Being afraid was unreasonable." I don't think anyone can second guess what YOU feel at the moment you're being threatened.

At the moment this enraged person is trying to do his best to rearrange your face is it reasonable for you, or anyone, to determine that the person just needs anger management or the penalty of a big fine? I think that your and anyone's primary thought at that moment is survival. No one in their right mind would sit there and gamble that the lunatic banging on their window is just going to get bored and walk away. A reasonable person would try to stop the threat or get away. (There is no legal requirement that a victim retreat from a threat.) If in the course of getting away the attacker is injured or killed, should you be held liable if you were in fear and you were merely trying to escape the threat? If I were on your jury I'd vote to acquit.
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