"In his own words he couldn't hear what the cyclist was yelling at him because he had the window up."
His actual words- hint "barely"
"I had my windows up and my A/C on. I could barely hear what he was saying."
Simple- being a foreigner means he won't know that NYNY bike messengers are known to make outrageous threats-and displays of fake violence-beating on cars snarling etc-but they generally don't follow thru-
a local would be aware of that-non native especially a foreigner-would have no idea that it is all show(most of the time)-
Foreigner won't know this-you-from NY state- would-right?
I didn't suggest that panicking excused him-his insurance is certainly on the hook
panicking not admirable, but understandable.
The bike riding thug-yeah he will get off the hook-but judging from past behavior he had a hand in this outcome-no victim-convicted thug!!