The acquittal of the Kenosha teen vigilante who drove across state lines to a play amateur policeman during a riot, then shot and killed two unarmed protesters and wounded a third, has prompted a national debate about self-defense.
Legally, whether a person’s actions constitute self-defense depends on the facts of the case, and is for a jury to decide.
Now, as a thought experiment, let’s play with these facts:
On Friday, November 19, 2021, in Bellevue, Washington, two drivers got into an altercation “between a white work truck and a red Lexus IS.” The news report (here) doesn’t say how it started, only that, “The two vehicles stopped at the ramp at which point the driver of the truck got out of their vehicle and pulled a four foot level from the back of their truck. The driver then hit the hood of the red Lexus. The driver of the Lexus tried to drive away and hit the other driver in the process, seriously injuring them.”
On those facts, self-defense or not? The Lexus driver probably will argue he was scared and merely trying to escape from threatened violence. Should that get him off? What if the Lexus driver made a threatening gesture, and the truck driver claims he was defending himself? Should that get the truck driver off?
On these facts, I don’t see any innocent party there.
It’s stupid and dangerous to react to other drivers. There are crazy, drunk, and armed people on our streets and highways. You don’t know who or what you might be dealing with, so if a driver does something you don’t like, ignore it and continue on your way. Better safe than sorry or doing something that might land you in a morgue, hospital, or jail.
Either driver could try a mistake of fact defense.
Also the car driver could go with fear. Seems to fit the facts. Unless someone is fudging that never happens in our society. The truck driver slamming the car with a four foot level may well have had the obligation of using common sense and getting out of the way. at least the guy is only harming the car and not the driver. Now if the truck drivers injuries do not match just being hit and more like flattened between the car and a building, vehicle or curb perhaps the driver protest too much. Maybe they are both guilty of agression and should spend some time in the public lock up or at anger mangement classes.
I don’t see how “mistake of fact” applies to whacking someone’s car with a four-foot level, or driving over the person after he does it. Could you explain?