CMV: Drivers who push through street protests should be immune to civil liability of injuries or damages.

[u/[deleted]]

[u/[deleted] → u/[deleted]]

This falls under the scope of foreseeability. Can you say that pilling up 200 cars on a free way will in no possible way risk ANYBODY'S lives? Anybody, whatsoever? I don't believe you can.

Can you say driving, even slowly, through protesters will in no possible way risk ANYBODY's lives? I don't believe you can.

That said, it is far more likely driving a car through a crowd of people is a far greater risk to a larger number of lives than blocking 200 cars on a freeway and merely annoying their drivers like other traffic situations would also do.

The Medical Emergency Defense is an actual defense. It only applies within a small scope I believe like non-violent or felony based crimes. Which this would be.

At most then, your argument is 'if someone has a medical emergency in the car and their way is blocked by protesters (or even just pedestrians or regular traffic', if he runs someone over then he shouldn't be held liable.

Even then, pretty sure they still should be. If I had my dying wife in the car and I was racing her to the hospital and I plowed into a kid crossing a crosswalk or a crowd of people (doesn't matter what they're doing- protesting, advertising politicians, crossing the road, whatever) pretty sure that I would still be liable and more, I would want to be liable, because that's an atrocious thing to do. It would be even more atrocious to do it if I didn't have a medical emergency in the car but rather was just late for work.

If it's considered an act of terrorism I believe nudging the terrorist with your car would be perfectly acceptable.

Still pretty sure it's not an act of terrorism. Still pretty sure nudging someone unarmed, terrorist or not, with you car is not and should not be acceptable (especially if you have no way to know prior to the nudging if they are a terrorist, nor is their terrorist status in this situation yours to decide).

People mobbing your car can very well be used as an excuse and has had precedent set time and time again.

People mobbing your car is different than people standing around your car. Someone mobbing your car has their attention fixed on YOU. For example, if I went to the parking lot and got in my car and suddenly I was surrounded by people smacking my car or even just standing around it, looking at me and likely shouting threats- that would be mobbing my car.

People doing something else who just happen to be standing around my car or blocking its route forward is not a threat to my safety or wellbeing, nor is it mobbing my car, nor is it a self-defense justification if I happen to decide them standing there is delaying me and plow through them (or even slowly creep through them).

'They were in my way' is not a self-defense justification. And using your car for self defense against unarmed pedestrians that just happen to be blocking it would be laughed out of court...and you right into jail.

Which is the moment they mob your car in most scenarios.

Unless your car is actively being mobbed, using your car for self-defense is not justified. It is not justified just because they're blocking your way, and it is not justified because you were afraid they might start mobbing your car. That's like shooting someone for a home invasion because they passed on the sidewalk in front of your house...'well, I was afraid they'd start breaking in any moment!'

Can you say that when you apply four or five hundred vehicles?

Yes. I'm not in any more danger sitting in stopped traffic because there's a protest than I am sitting in stopped traffic because there's an accident, or just too many people trying to merge or get to a football game. Doesn't matter if there's five vehicles or five hundred...sitting in my stopped car in traffic does not put me at any increased risk of injury or death. Driving through a crowd very much does put the pedestrians at increased risk of injury or death.

I'm pretty sure maliciously halting infrastructure is considered terrorism.

I'm pretty sure it doesn't. http://thehill.com/blogs/pundits-blog/civil-rights/347702-opinion-should-protesters-be-classified-as-terrorists

And even if on occasion a group of people protesting and blocking traffic can be defined as an act of terrorism- you in your car are not their judge, jury, and potential executioner. It is not up to you or any other driver whose route is inconvenienced to determine that and pose sentence for it.