He Hit the Truck’s Mirror… Then He Got Knocked Down 😳

[jeff of pa]

hard to say for sure From that Angle, However it Looked like he Got what he Deserved ! impatience while Trying to Sneak Between 2 Legally Drivin Vehicles

 

[robertk]

But guess which one would be in more trouble if it went in front of a judge?

 

[pepperj]

The bike would be charged for road rage for slugging the mirror. (Around here)
Now the truck driver could be at fault for the same reason but it could be seen as a defensive reaction.

Potential Charges for the Motorcyclist
Even though the motorcyclist was knocked down, their initial actions constitute an intentional act of violence and property damage:

• Mischief (Criminal Code): Punching ("slugging") and potentially breaking the truck's mirror is a criminal offense for intentionally destroying or damaging property.
• Dangerous Operation (Criminal Code): Operating a motorcycle close enough to a moving truck to strike it on an active expressway constitutes a deliberate, dangerous maneuver that puts the public at risk.
• Stunt or Aggressive Driving (HTA): Getting dangerously close to another vehicle to intimidate or cause damage can trigger Ontario's strict stunt driving laws, leading to an immediate roadside licence suspension and vehicle impoundment.

Potential Charges for the Truck Driver
The truck driver's legal exposure depends heavily on whether the swerve was an involuntary reaction (shock from the mirror being smashed) or an intentional retaliation:

• If Intentional Retaliation: The driver faces severe criminal charges, including Dangerous Operation Causing Bodily Harm, Assault with a Weapon (using the truck as a weapon), or Criminal Negligence. These carry heavy prison sentences and a mandatory criminal record.
• If a Reflexive/Involuntary Swerve: If the driver swerved purely out of shock or because they thought they were colliding with something, criminal intent may be harder to prove. However, they could still face HTA charges such as Careless Driving or Lane Violations if investigators determine they failed to maintain safe control of their vehicle

 

[robertk]

The bike would be charged for road rage for slugging the mirror. (Around here)

Agreed.

The truck driver's legal exposure depends heavily on whether the swerve was an involuntary reaction (shock from the mirror being smashed) or an intentional retaliation:

With that video footage, I think the truck driver would have a hard time claiming involuntary reflex action. When you hit something, your instinct is to swerve away from it. That was a clear swerve toward the motorcycle.