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?
A:
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 .
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