Moderator: Van Canna
Van Canna wrote:Mike I think you misunderstood
I was concerned that outright claiming it was an accident would open me up to liability, anyway. But I think you're saying that I'm vulnerable to civil litigation either way, even if I'm destined to win, so I might as well have the insurance company paying for it.
At a probable cause hearing, the district court must review the evidence to determine whether the case should be bound over (that is, transferred) to superior court. If the district court finds no probable cause, it must dismiss.
Van Canna wrote:Thanks Leo, Jason, Steve, Bill for responding. All good points and I agree.
Stay in the car and try to get away.
But a few more points worth discussing:
1. Assume your car is blocked in or stalls out_ and the madman now has you trapped inside, can easily open your doors and stab and beat you with the crowbar…while you are probably still in your seat belt. You have no pistol accessible…
3. JasonIf you're armed with CCW, and you hit them with your car instead, but don't run them over, only knock them down to give time to get away, I think you could easily argue that you took the option least likely to kill the assailant.Jason is getting closer to something here…hint…our pocketbook…
I don't have any money. You can't squeeze milk from a rock.
Bill was right about the predator instinct, of course... but I was thinking more of a tactical retreat to gain a strategic advantage, like higher ground, putting an object between us, etc. Not the best option, but it may be the only one you have. Staying in the car is great if you have a weapon of some sort that you can utilize from your very isolated and movement-limited driver's seat.
Reason why a weapon should be carried at all times. If not a gun, OC pepper spray is an alternative…spray then run.
At a training exercise last summer, a girl set off her bear spray in her backpack while trying to tug it free. The contents hit her full in the face in an enclosed area. Not pretty.…what better words could be used to justify to the police or anyone else as to your having to run him over….and why it is so important to your pocketbook _ even if most likely you would not be found guilty at criminal law…and not negligent in a civil trial?
Ayoob came to conclude that "the average citizen who keeps a gun for self-defense has little real grasp of what the laws are that govern such instruments -- the laws of the land as well as the laws of survival ... Every other book on self-defense with firearms began with the draw and ended with the last shot. Ayoob sought to teach the armed public what would happen to them afterward, and what they had to think about before. This is the core of In the Gravest Extreme"
I hope he was not charged as very unlikely he could perform those task in time before hitting the truck. A vehicle travelling 25 mph covers 25 feet very quickly. Having been first on the scene at an accident and hearing statements made that seem unusual. And also experiencing giving a statement (I have no memory of what I said) while laying on the road after being run over, I can not believe that police expect an accurate statement...The police investigators interrogate him at the scene…he tells them " as soon as I saw the pickup about to cross in front of me…I unbuckled my seat belt…got up from the seat and ran towards the back of the bus…I was halfway there when my bus hit the pickup."
but you tell the police you were only trying to get the hell out of there and he got in the way...it was an accident...
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