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Say I'm riding my bike with my concealed handgun and Chl when I suddenly get ran over by a car. Let's say after I get hit the driver takes off trying to pull a hit and run. Would deadly force be permitted under these circumstances? Maybe shoot out the tires like in a movie. When does the vehicle become a deadly weapon? Depending on injuries they could be more costly than going to court for a shooting.

DJ... wrote:Say I'm riding my bike with my concealed handgun and Chl when I suddenly get ran over by a car. Let's say after I get hit the driver takes off trying to pull a hit and run. Would deadly force be permitted under these circumstances? Maybe shoot out the tires like in a movie. When does the vehicle become a deadly weapon? Depending on injuries they could be more costly than going to court for a shooting.

I would imagive deadly force would not be acceptable under these circumstances. This is assuming that after the driver hit you, he was already past you and there was no threat of him hitting you again. You couldn't just start shooting at the car once it is driving away... there is no threat on your life at that point.

Hit and run could be accident or attempted murder. Your pedaling mileage varies.

DJ... wrote:Say I'm riding my bike with my concealed handgun and Chl when I suddenly get ran over by a car. Let's say after I get hit the driver takes off trying to pull a hit and run. Would deadly force be permitted under these circumstances? Maybe shoot out the tires like in a movie. When does the vehicle become a deadly weapon? Depending on injuries they could be more costly than going to court for a shooting.

No. You are no longer in fear for your life, and they are retreating. My opinion is if you are in good enough shape to try and shoot someone after being ran over, then you aren't afraid you are dying.

So, you get a good description of the car, call 911 and tell them when they find the car your DNA will be on it.

I was an unwilling participant in a couple of motorcycle accidents as a young fellow. I was definitely not in condition to open fire on anyone at the time so I would think this would probably not be an option. I remember it was a good 30 minutes before the cobwebs started to clear, and I was not even hurt that badly. Come to think of it, my right shoulder was broken so I would not have been drawing regardless!
Assuming you are healthy enough to fire at the retreating car, I would advise against it. The possibility of an innocent person or vehicle getting shot or struck by the fleeing driver would be high and even if you did succeed in stopping the vehicle, there are just no positive outcomes. Grab the license plate number and look for witnesses.

Your life may not be in any further danger from the hit and run driver, but in other instances it has already been discussed that once the crime has been committed whether or not the BG is running toward or away from you is not an issue if deadly force was justified in the first place. So, if the driver intentionally ran you down you might have a sore leg to stand on, but that might be difficult to prove at best.

The other point I'd like to make only echos what Karder mentioned. Unless the driver stopped, by the time you have regained enough composure to even think about getting your gun out that vehicle will be long gone and out of range.

If he comes back for a second pass, go ahead and shoot him.

Speaking as someone who has been a terrified passenger more than once, another thing to consider is that maybe the driver didn't know they hit you. I have witnessed people who have hit mailboxes, pieces of junk on the side of the road, etc. It could have been someone on a bike for all they knew. One girl who used to work for me was so bad that she had 3 wrecks in one week and was on her 3rd rent car. How many times do we stop to see if we've run over someone after we hit a big pothole?

Try to think of how you would explain to the cops and the jury if they found the driver dead with her kids in car seats and then find her cell phone on floor and she was in the middle of sending a text message. Part of my CHL class was posing situations just like this where there could be two sides to the story.

These are the kind of things you have to think of and be prepared for when you start carrying. But I agree, if they come back for a second try, you may be justified. Just make sure they aren't coming back to see if you're okay. Pulling that trigger is forever.

Jim88 wrote:
Try to think of how you would explain to the cops and the jury if they found the driver dead with her kids in car seats and then find her cell phone on floor and she was in the middle of sending a text message.

Pulling that trigger is forever.

Or you miss the distracted driver and hit one of her kids...

I have a cousin who drives like that. I think I ran out of fingers counting her accidents one year.

The only scenario I could see drawing would be if the driver was gunning for you, then after hitting you, stops, and a bunch of thugs jump out intent on finishing you off.

The threat is over and retreating (stopped). shooting would only make your position much worse.

What if your bike is on top of the car as it drives away and it is nighttime?

Some of these questions really give me pause about some people who have concealed carry permits.

...and our ANSWERS reassure you???

DJ... wrote:Say I'm riding my bike with my concealed handgun and Chl when I suddenly get ran over by a car. Let's say after I get hit the driver takes off trying to pull a hit and run. Would deadly force be permitted under these circumstances? Maybe shoot out the tires like in a movie. When does the vehicle become a deadly weapon? Depending on injuries they could be more costly than going to court for a shooting.

Chances are that even a glancing blow will incapacitate you too long to recover, get your weapon, and take aim. Kind of a strange question, though.
RJ

unless they were coming after you with a second pass or going after someone else I don't see justifiable force there. I know people on the road are jerks and don't watch for bicycles or motorbikes but you can't shoot them for being a jerk. unfortunately.