Quote:
Originally Posted by Pruzhany
In relation to the court system, the witness would have to be willing to testify in court. If he doesn't then the interview and video will be thrown out. If by chance the court system gets the plate number, all they can prove is that the motorcycle was there and not the rider. So at most he'll get a low grade misdemeanor with no points. The car and driver on the other hand will get a felony for reckless driving as he lost control of his car and assault with a deadly weapon (his vehicle). He will get points, a fine and possibly some jail time (depending in his driving record). He may also get a bill for damage and cleanup of the roadway and his insurance company is going to be strongly involved.
Keep in mind we are discussing CA only and CA has no laws related to road rage. The words Road Rage started in CA and was most common in the Los Angeles area.
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Well, let's assume, for arguments sake that the witness who shot the video testifies, and that the person in the car also testifies and identifies the person on the bike. In which case, the biker who escalated the situation and helped cause the accident and then fled the scene would be facing much more than a 'low grade misdemeanor'.
1) California has a felony hit and run statute and it involves an accident which you were a part of and which caused bodily harm or death, and that you reasonably should have known that an injury or death would have occurred. I don't think there's any argument that the biker should have reasonably known that an injury would have occurred after the accident.
2) The intentional damaging of property can also be a felony if it exceeds a given dollar amount. After looking up the number in Cali, it is $400. Considering he was kicking both the passenger and driver side of the car, the damage he caused could easily outstrip that amount.
3) Then you have the additional issue of his role in the ultimate accident. To begin with, you have clear case of reckless driving. Which, although it is a misdemeanor, can carry jail time. And if someone is injured because of your reckless driving, the penalties increase.
4) In addition, you have the civil liability for negligence. And since Cali is a comparative negligence state, the biker can't escape by saying that he was 'less responsible' for the accident. He still shares liability because his actions put the events (certainly helped put them) into motion.
I seriously hope that they find the biker. The driver is not the only one responsible for this mess.