When talking about a road rage incident, you better do everything it takes to avoid the confrontation. Don't pull over, if traffic stops stay in your car with doors locked etc. If you end up having to take a life yes you need to show you tried to avoid the confrontation. What you're referring to is someone entering your home. In that case definitely stand your ground.
Trucker killed in road rage incident
Discussion in 'Trucking Accidents' started by Trucking in Tennessee, Dec 1, 2018.
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This has zero to do with being in your house or on the road.
You have no duty to retreat in the use of deadly force in defense of your person. -
Only if you have a right to be there. You don't have a right to get into a road rage incident on the side of the road, thus, you have no right to use deadly force. Like if you're trespassing and the landowner confronts you and tries to make you get off his land physically. You can't draw your gun in self defense. You had no right to be where you were.
Again, you CAN'T START THE CONFRONTATION and then say you have no duty to retreat. Yes, you do have a duty to retreat, if you're not lawfully where you are or doing something lawful.
Drawing your weapon must be a last resort. Not what you do if you pull over to the side of the road to get into a fight and then start losing the fight.
Nope, that's known as mutual combat. You have now given up your right to draw your weapon, unless he starts beating you so badly that you are in fear of your life. But if you start it it will be MUCH harder to prove.
The truth is the guy with the gun KNEW he had a gun and knew he was confronting someone in a road rage incident. That gun gave him confidence he wouldn't have had had he been unarmed. When you carry concealed you are expected to demonstrate adult behavior. The gun is used for defensive use only, not to win a road rage fight.Last edited: Dec 6, 2018
Lepton1, All4Safety, Terry270 and 2 others Thank this. -
Never said it was justified, or that you can go pick a fight just to shoot someone. But this notion you have to retreat, or you have to avoid is bad information.
Yes this guy probably had a bad shoot by the news story. Probably. -
Does TDOT have any video surveillance of that part of highway? Might resolve the issue once and for all.
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Just the Sound of the story doesnt feel right.More likely to think the 4 wheeler "grabbed a gun outta his glovebox" to try to "scare" the trucker and it fell out of his waistband.Sounds "fishy".Lepton1 Thanks this.
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Probably will not know that until he is charged or not.
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The daughter of the trucker has already filed a civil suit.Lepton1, marylegal2001 and Bud A. Thank this.
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Yeah those cars merging and then slamming on brakes right in front of u is always a pain in the ### but never have i ever thought about pulling over to fight somebody over it... There is no idiot worth my time to do that,.. Its part of bein a trucker, everybody hates u, nobody wants to drive near u... I feel bad a trucker lost his life over something so stupid but at the same time u have to be a professional and let that road rage go out the window when ur in the driver seat.. Be safe out there
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Anytime you take a shot plan on a civil suit. You can shoot the attacker as he attempts to car jack your wife and his scumbag family will sue you.
Criminal is what I mean.
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