Trailer whip

I'm no attorney either and maybe Virginia has a more restrictive standard for summary judgment. But it is up to a jury, not a judge, to determine how much weight it holds when determining who is at fault

 

I was reacting to the "criminal aspect" of the comment. It's a lock you will recover damages, clearly the "fault" for such an accident will rest totally with that driver. To go after such a driver for a "crime" you must establish intent to cause harm. The legal standard is MUCH higher.

 

But the question posted referred to an angry driver whipping their trailer at another right?

 

Soon to be jobless

 

It doesn't matter. If someone gets hurt and the Government tries to try in a criminal court they will have to prove intent. I'm not saying it can't be done. I'm saying it is VERY difficult! You almost have to read the mind of the driver.

 

Let me say this. If you have something like a go pro and have recorded the driver saying on the CB radio they will run you off the road etc, or can show repeated: "whips" then, in my opinion, you have proven "intent" if it's done again later and someone gets hurt. I have been down this road. When you speak to an actual DA they will inform you of how tough it is sometimes especially with "road rage" incidents.