Q: Does a vehicle have to yield to a pedestrian attempting to halt its movement by stepping in its path?
Two vehicles are in a parking lot. The elderly Driver of Vehicle A opens their door, loses their grip due to the wind, and the door swings into Vehicle B, leaving a deep dent (6" x 3" x 1/2"). The driver of vehicle B gets out and examine the damage. When B insists A is liable for damages, A attempts to flee.
Driver B steps behind Vehicle A in order to take a picture of the license plate. They wave and shout out a warning when A begin's to back up. Driver A accelerates and forces Driver B to jump out of the way or be injured.
Angered, B kicks the door of Vehicle A. Driver A continues to back out and B kicks Vehicle A again. Driver A accelerates quickly, lunging their vehicle at B, who jumps out of Vehicle A's path. Vehicle A narrowly misses Driver B, Vehicle B, and the adjacent vehicle.
Which Driver is more guilty?
Of what offenses is Driver A guilty?
Of what offenses is Driver B guilty?
There are a number of offenses, for which each driver may be liable.
Driver A may be guilty of assault. "An assault is any willful and unlawful attempt or offer with force or violence to do a corporal hurt to another." Okla. Stat. tit. 21 sec. 641. A attempted to injure B with A's car.
Driver B may be guilty of maliciously injuring a motor vehicle, because Driver B kicked the door repeatedly. Okla. Stat. tit. 21 sec. 1787 .
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.