Originally Posted by jabberwocky
It looks intentional, but its hard to say for sure. The driver could have been distracted (texting, phone, etc) and drifted onto the shoulder. I see drivers do that all the time.
I do not care if it was intentional strike or due to the driver intentionally not paying attention to driving and causing it. I do not believe in the it is just an accident defense. All injuries caused by motor vehicles should carry the same penalties as if the injuries were caused by firing a gun, swinging a sword, ....