As you saw in Rear-Ended, Then Defended Part 1, no one was hurt, and our member Jeremy was neither arrested nor charged. Unfortunately, this isn’t always the case. In Part 2, we will dive deeper into the law, where Independent Program Attorneys will explain the road rage self-defense laws from your state.
Watch the video below to see your Independent Program Attorney – Emily Taylor – explain the road rage self-defense laws for Texas.
Sherry: Welcome back to Part II of Rear-Ended, Then Defended. As you remember from the last video, Jeremy’s truck was surrounded by three hostile men after a minor accident.
Fearing for his son’s safety, as well as his own, Jeremy retrieved his firearm from his glove compartment to stop the attack. In this instance, Jeremy’s quick actions deescalated the situation and prevented further threat to him and his child. However, his decision to leave his vehicle while brandishing a firearm his decision to leave his vehicle while brandishing a firearm is not a lawful action in every state.
That’s why I asked your Independent Program Attorney to clarify the law where you live.
Emily: Road rage attacks are some of the most common we see as gun-law attorneys. Generally speaking, we advise people not to step out of their vehicles with a firearm. Unfortunately, in road rage scenarios, the guy with the gun is likely to get arrested. Even when the gun owner is only defending against the road rager’s attacks. But sometimes getting out of your vehicle, gun in hand, is going to be your best and most reasonable option for self-defense.
Keep in mind, if someone attempts to forcefully and unlawfully enter your vehicle, whether that’s with a baseball, other weapon, or just trying to open your car doors, Castle Doctrine applies and you are presumed reasonable in your use of force or deadly force. This legal presumption is critical and should stop legal second-guessing of your actions, including stepping out of your vehicle.
Without this presumption, you give law enforcement officers, or prosecutors, the opportunity to ask whether or not you could have driven away, whether the threat was truly immediate, or whether leaving your car with your car was reasonable, and when these questions come in to play your liberty might be at stake.
Sherry: All too often our members find themselves in similar road rage situations all over the country. Please remember, if you are ever in a road rage situation drive to a safe, public location away from the aggressor. However, if you are forced to display, or use your firearm, call 911 first then call your attorney answered emergency hotline located on the back of your member card.
When it comes to legal defense for self-defense we’ve got you covered.