benEzra
Moderator Emeritus
There was a case back in the 1990's in which a woman was driving out of her neighborhood and a man walked out into the road in front of her. She stopped to avoid hitting him, and a second man walked up to her driver's side door, opened it (it was unlocked), pulled her from the car, and took off. I think she was tangled in the seatbelt and was killed as the carjacker made his escape.
Obviously, situational awareness and locking your doors were the major lessons of this case, but the pedestrian intentionally blocking the car raises another question. What do you do if you are intentionally blocked by pedestrians, but who are otherwise not presenting a lethal threat?
I anticipate a chorus of "lay on the horn, floor it, and he'll jump out of the way," and I agree that would be the indicated response if someone WERE obviously a lethal threat. But if you floor it, and kill the panhandler who just wanted to wash your windows and throw a guilt trip on you for $20, then you will find yourself guilty of vehicular homicide.
So, what do you do if you are trying to pull/back out of a parking space and someone very deliberately walks into your way and stops, but does nothing else? Yes, you scan 360 like crazy to see if he has an accomplice, but if you don't see anyone, then what? Lay on the horn and drive away slowly enough not to hurt him, but NOT stopping even if he lets the car touch him? Under what circumstances does a forcible exit become assault with a deadly weapon? and under what circumstances does the pedestrian(s) blocking you itself become an assault?
I'm sure there has to be case law on this. Any thoughts?
Obviously, situational awareness and locking your doors were the major lessons of this case, but the pedestrian intentionally blocking the car raises another question. What do you do if you are intentionally blocked by pedestrians, but who are otherwise not presenting a lethal threat?
I anticipate a chorus of "lay on the horn, floor it, and he'll jump out of the way," and I agree that would be the indicated response if someone WERE obviously a lethal threat. But if you floor it, and kill the panhandler who just wanted to wash your windows and throw a guilt trip on you for $20, then you will find yourself guilty of vehicular homicide.
So, what do you do if you are trying to pull/back out of a parking space and someone very deliberately walks into your way and stops, but does nothing else? Yes, you scan 360 like crazy to see if he has an accomplice, but if you don't see anyone, then what? Lay on the horn and drive away slowly enough not to hurt him, but NOT stopping even if he lets the car touch him? Under what circumstances does a forcible exit become assault with a deadly weapon? and under what circumstances does the pedestrian(s) blocking you itself become an assault?
I'm sure there has to be case law on this. Any thoughts?