Protesters blocking intersections vs drivers?

[leducjjr]

Hi all, I've a Q that may be of increasing relevance. Please can someone advise?

What is the best legal advice on what to do when you find yourself coming up to a clump of people (peaceful or mob-like) blocking the road in protest?

More precisely, what are existing court cases saying about this seemingly growing scenario? I'm looking for precedents here so as to understand what legal dangers I may face if ever I'm in this situation.

Common sense says to go a different route if at all possible. But it may not be possible to do so, and if the crowd starts sitting on one's vehicle and slapping the windows in an attempt to incite a reaction, what is the legal recourse?

Do thoughts of a legal recourse matter if people try opening the doors and start rocking the vehicle? Certainly there is legal ramification of actions on all sides of this situation, but if I am truly nervous about the safety of myself and any passengers with me, does a self-defense claim come into play at any point in time?

Assuming that the "sit and wait" approach works, and the protesters leave for whatever reason, all's well excepting the loss of my peace of mind and time (and for any in my vehicle with me). Most likely my vehicle will have been damaged in the process. The possibility of legal recourse is very low on my part, even with any recorded footage. I will have no real way of identifying anyone who was involved and will have a tougher time proving they were actually present. So any loss incurred in this situation is mine but relatively minor compared to loss of limb or life.

But maybe the "sit and wait" approach isn't the best one.

What happens in the scenario where people try to open the vehicle's doors, start slapping and beating on the windows, and more and more people are actually sitting and standing on, and eventually rocking the vehicle? In this case, I'd be eager to leave the scene as quickly as possible, and getting out of the vehicle and running would not be the best avenue. So that leaves driving through the crowd.

If anyone is injured in the process, I don't know what is my legal status. Let's say I decide to drive slowly through the crowd, and of course someone will be recording the event and will positively identify me as the driver and my vehicle's license plate at the precise date and time this occurred. Someone then is either injured in the process by bumping forcibly into my vehicle (I've seen the videos and know this to be a tactic) or by not moving and allowing my vehicle to collide with them.

If I have passengers who have recording devices, I may have a leg to stand on, presuming my concerns are visible on the recordings.

But let's say I'm alone, and have nothing but circumstantial evidence (vehicle damage, the others' injuries) to show the judge or jury. Possibly one of the bystanders would have video footage from the outside, which would aid my cause.

Is there ever a legal scenario where the driver is NOT at fault in this situation and he or she drives on due to safety concerns?

 

[army judge]

I suggest you avoid any and all conflict.
If this bizarre scenario does ever occur in your life, you have great insurance.
Unless its declared a riot, then maybe it might not be so great.
You might ask your insurance agent about compensation for such a loss.
Otherwise, the thing you don't want to do is run over anyone, shoot anyone, etc...
I suggest great restraint in any situation and avoidance, because its easier to run away than end up under arrest, trying to fight for your freedom.
Then there's that odd scenario where the perp sues you!!!!
If protests are going down, avoid the area and the protesters.
I've been on this planet for decades, was around during the civil rights era, and never found myself surrounded by an angry mob.
I was married in Detroit in the midst of the July, 1967 civil insurrection.
Relax, you'll do just fine by avoiding conflict.
As my sweet, departed mama would always admonish me, during my "ute", "Son, don't look for trouble. If you seek trouble, it'll find you."
Mama was never wrong.

 

[leducjjr]

Thank you for the feedback.

It is indeed a bizarre scenario, but one that occurred in my city of residence (not NYC) very recently. Fortunately I was not directly impacted, but i have noticed this happening more often. Perhaps it's not happening more often; maybe I'm simply more aware of it now.

To see some examples, do a search on YouTube site for the phrase "protesters block traffic".

I see loads of reports of arrests by police when they arrive for a given demonstration when it illegally takes place, and even some convictions, but nothing related to any drivers themselves. One story involves a driver last month, but the case appears to still be under investigation.

 

[CdwJava]

You have a legal requirement to avoid colliding with people in the road - whether they are legally there or not. If you run into them intentionally, you could be charged with assault with a deadly weapon (or your state's equivalent).

If you know of a protest ahead, take an alternate route. You have NO legal right to drive into protesters.

If you have to act in self defense, you can take whatever actions are "reasonable" for the situation. Whether that is hitting the gas and plowing into the crowd fast or slow will depend on the situation and the reasonableness of your perception of potential harm.

 

[Betty3]

I live in the St. Louis area & there have been some reports of drivers hitting protestors here. One the person was arrested but I heard no more. One was let go by police due to conflicting reports of what happened. I don't believe there were any serious injuries though from what I remember the news saying.

I definitely would not hit/injure a protestor on purpose. If you had no choice (self defense) that might be a different story.

 

[disagreeable]

I can relate 2 events. The first an abortion clinic was under protest and they attempted to block a Chev SUV entering the drive. A protester stood in front of the SUV and advised the driver edging forward he was going to lay down in front of the vehicle and if the driver wanted in to run him over. He did and the driver did. To my knowledge no charges were ultimately filed against the driver.

The second involved a trip through drug town to the hospital to pickup a friend in emergency about 3 am. As I came down the road group of ethnic individuals loitering around the road and it sides, started to converge in a V to stop my vehicle. I hit my horn, highbeams and accelerator, druggies were jumping left and right.

The point being each situation is dealt with on its merits, which include the way you ended up there and whether you had the ability to retreat or were forced to go forward. Many people went to protest in MO and were arrested trying to leave after jumping into cars and escape arrest.

 

[army judge]

Thank you for the feedback.

It is indeed a bizarre scenario, but one that occurred in my city of residence (not NYC) very recently. Fortunately I was not directly impacted, but i have noticed this happening more often. Perhaps it's not happening more often; maybe I'm simply more aware of it now.

To see some examples, do a search on YouTube site for the phrase "protesters block traffic".

I see loads of reports of arrests by police when they arrive for a given demonstration when it illegally takes place, and even some convictions, but nothing related to any drivers themselves. One story involves a driver last month, but the case appears to still be under investigation.

I follow the news.
Frankly, I avoid conflict these days.
After years of sitting as a military judge, a Texas district court judge, and today as a retired visiting district court judge (every now and then); I see how small things suddenly, unexpectedly become massive things.
Thanks, but no thanks, South Park is all the bizarre I require.
But, don't let me stop you, as mama was wont to say.