My right to self defense on a motorcycle

Message

Heimdall Einherjar · Tue Apr 04, 2006 8:27 am

If I'm riding along and some clown tries to merge into me and I kick his car or smash the window with something, could they charge me with anything or is it legit self defense?

I hear so many stories about moron drivers killing bikers who were doing nothing unsafe that I think I need to know what rights to defend myself I have.

Bx RedBull · Tue Apr 04, 2006 8:33 am

No idea what your legal rights are to protect yourself, but as an evolutionary right to yourself I'd say ensure your own survival "by any means necessary". Even if it means getting a little Grand Theft Auto on those carelessly insane drivers. :shooting2:

dieziege · #3 Unread post by **dieziege** » Tue Apr 04, 2006 8:51 am

Are you nuts? Sorry, that just slipped out.

Once charged (and you would be charged if a cop saw you do it or your victim got your plates) you would have to prove that doing whatever you did made you (or your property in some places) actually safer than if you just moved as far away from the moron as possible. This would be very difficult to prove, especially since getting close enough to damage them greatly increased your risk. The only way to prove it is to demonstrate that the other driver wasn't a moron, but was malicious. That is very difficult to prove.

If you could prove that the other driver a) knew you, and b) had some motive to try and kill you, and c) would not have gone away if you simply got off the road... then you'd have a defense (and they'd have an attempted murder charge for the other guy)...

Anything else would be considered road rage on your part.

earwig · #4 Unread post by **earwig** » Tue Apr 04, 2006 8:55 am

I don't think what you are talking about is legal... I believe your only option is defensive driving

Of course if you could get next to the car, whip some pellets or nuts/bolts at the car and slow down real fast and get away I wouldn't fault you

flynrider · #5 Unread post by **flynrider** » Tue Apr 04, 2006 9:21 am

I agree with Dieziege. If you had enough time to remove your hands and feet from the controls and smash a door or window, you likely had enough time and space to get out of the way.

That's not to say I haven't given a door or mirror a kick in the past, I just wouldn't expect to get away with it if I got caught.

Aggroton · #6 Unread post by **Aggroton** » Tue Apr 04, 2006 9:23 am

yeah its probaly illegal...but so is alot of the stuff some of us do on a bike...so ask yourself...is it worth the penalty...and yes...i carry a small hammer on my bike at all times.

CNF2002 · #7 Unread post by **CNF2002** » Tue Apr 04, 2006 10:12 am

Definately illegal.

But, I recently had a woman literally TRY to hit me because I was going to slow, and obviously me being in her way warrants my swift death. Came up REAL close behind me, and when I waved for her to just freaking pass, she comes up along side and starts veering into me.

Talk about a psycho

but attempted assault with a vehicle is perfectly legal in this country.

Unfortunately intentional vandalism isnt.

Tue Apr 04, 2006 10:28 am

you need to wake up and realize that any encounter with a car is going to leave you the loser.you kick the car then he swerves into you knocking your ash into the next county and then proceeds on his merry way.

kabob983 · #9 Unread post by **kabob983** » Tue Apr 04, 2006 10:35 am

Need to go Hell's Angel's style and carry a hammer in a scheath on your bike. If anyone tries to cut you off...WHAM! There goes 1 mirror.

OK, maybe not, but still, I wish there were some sort of anti-car forcefield around bikes.

Tue Apr 04, 2006 10:56 am

Just flash it, I think it'd solve all problems.