I suppose, since we are talking hypotheticals, its is equally accurate to say that a witness to the attack in incident 2 remans and reports to the police that the driver deliberately pulled into you to teach you a lesson. The driver is arrested and goes into a tirade about how the F****ing cyclists don't belong in the road and he was simply trying to teach you a lesson. He is charged and convicted of second degree murder. You are dead but your relatives blood lust for street justice is not satisfied with 20 year prison term and so they contract an in jail hit on the culprit, and you dead butt is happy.
Do you like this scenario better?