Can Motorists be Held Liable if They Injure Pedestrians during a Protest?
December 1, 2011 By Allen, Flatt, Ballidis & Leslie, Inc.
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For months now, financial districts and civic centers throughout the United States have been filled with demonstrators protesting economic and social inequalities. While police have targeted the crowds with canisters of tear gas, motorists have struck them with their cars, in some cases intentionally. Recently, in Oakland, California, two protestors suffered personal injury when a car struck them, prompting discussions about motorists’ liability in collisions with protesting pedestrians.
During a general strike in early November among Occupy Oakland protestors, several pedestrians were crossing a downtown street when the driver of a white Mercedes rolled to a stop, nearly striking two men. A video of the incident shows one of the men placing his hands on the hood of the vehicle, indicating to the driver to stop. Instead, the motorist continues driving, crushing one of the men’s ankles. Although the driver was not initially arrested, police are investigating the incident.
Some viewers of the video might classify the incident as a case of road rage. The California Department of Motor Vehicle’s describes road rage as when a driver reacts angrily toward another driver out of frustration with or impatience for crowded road conditions. Drivers who act aggressively toward bicyclists and pedestrians are subject to the same penalties as those who commit road rage against other drivers. Under California Penal Code Section 245, assaults with deadly weapons other than firearms that are intended to produce great bodily harm are punishable by imprisonment for up to four years, or a fine of up to $10,000, or both. In addition, California Vehicle Code Section 13210 states that a driver who commits road rage will have his or her license suspended for six months.
A recent California case set a precedent for bicyclists—and to some degree for pedestrians—attacked and personally injured by motorists, explains an attorney in the state. On the Fourth of July in 2008, a group of cyclists were riding in a residential neighborhood in Los Angeles called Mandeville Canyon when a doctor who lived in the area approached them from behind in his sedan. He yelled at the cyclists and then accelerated and stopped abruptly in front of them, causing them to crash into his vehicle. Two of the cyclists suffered major trauma. A jury found the doctor guilty of six felonies, including assault with a deadly weapon. He received a 10-year prison sentence.
If the Oakland motorist’s actions are determined to be in violation of the aforementioned laws, then he could be held liable for the pedestrians’ injuries under the legal doctrine of negligence per se, which is negligence due to a violation of a law or public duty.
ABOUT THE AUTHOR: Jim Ballidis
Author and attorney James Ballidis has written extensively on issues concerning personal injury law and the claims process.
Copyright Allen, Flatt, Ballidis & Leslie, Inc.
More information about Allen, Flatt, Ballidis & Leslie, Inc.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
Some viewers of the video might classify the incident as a case of road rage. The California Department of Motor Vehicle’s describes road rage as when a driver reacts angrily toward another driver out of frustration with or impatience for crowded road conditions. Drivers who act aggressively toward bicyclists and pedestrians are subject to the same penalties as those who commit road rage against other drivers. Under California Penal Code Section 245, assaults with deadly weapons other than firearms that are intended to produce great bodily harm are punishable by imprisonment for up to four years, or a fine of up to $10,000, or both. In addition, California Vehicle Code Section 13210 states that a driver who commits road rage will have his or her license suspended for six months.
A recent California case set a precedent for bicyclists—and to some degree for pedestrians—attacked and personally injured by motorists, explains an attorney in the state. On the Fourth of July in 2008, a group of cyclists were riding in a residential neighborhood in Los Angeles called Mandeville Canyon when a doctor who lived in the area approached them from behind in his sedan. He yelled at the cyclists and then accelerated and stopped abruptly in front of them, causing them to crash into his vehicle. Two of the cyclists suffered major trauma. A jury found the doctor guilty of six felonies, including assault with a deadly weapon. He received a 10-year prison sentence.
If the Oakland motorist’s actions are determined to be in violation of the aforementioned laws, then he could be held liable for the pedestrians’ injuries under the legal doctrine of negligence per se, which is negligence due to a violation of a law or public duty.
ABOUT THE AUTHOR: Jim Ballidis
Author and attorney James Ballidis has written extensively on issues concerning personal injury law and the claims process.
Copyright Allen, Flatt, Ballidis & Leslie, Inc.
More information about Allen, Flatt, Ballidis & Leslie, Inc.
View all articles published by Allen, Flatt, Ballidis & Leslie, Inc.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
