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Old 10-04-2013, 01:16 AM
ard ard is offline
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Location: Sierra Foothills, California
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Interesting to watch this unfold...in media and opinions.

While it is easy to call them thugs and a mob, the legal question is more nuanced. Specifically is the range rover driver criminally or civilly responsible for the injuries Miezes suffered? As pointed out above he was not the guy that started it (ie 'brake check guy).. so what is his responsibility?

Points to consider:

He didnt have a license
He has over 15 citations on record.
he was wearing a mask to hide his identify
Reportedly plate removed from the bike.

Does he have a history of participating with such a pack? did he know what was likely to be done during the even?

Clearly after the incident, when Miezes was run over, the acts of the mob became physical and agrgessive and the driver had a right to defend himself...but at the point he bumped into the one bike, and others began attacking the car, it will be argued miezies was an innocent bystander.

There is an interesting nuance- that Leiu made a bit of an aggressive move- he honked when cut off, and the brake check guy decided 'yeah, we're gonna stop him'. It was a small challenge, but part of the cascade.

Anyway, when does the 'gang' become 'one' and the actions for one agaisnt you can be retailiated agaisnt with a strike agaisnt any of them? Conceptually it is easy- and with the comments above it is clear how some might react. But what if a biker said 'this guy was running over bikers so I called 911 and followed behind him to report to police- when all of a sudden he reversed up the off ramp and ran me over".

anyway, going to be interesting...

A

PS
I once got into it with another car, I was driving a rental. Ultimately I realized he was trying to ram me. It is actually quite hard to avoid immediate challeneges (other cars, him, traffic controls) but also make plans not to get 'trapped'....wild u turns, through parking lot, etc.... But in a panic, your brain shuts down, you are forced to make decisions in areas that you've never considered... Hence an interesting discussion to have...
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