Originally Posted by sentinel4675
ILTB, No, if the action is intentional, it is a battery and not a hit and run and not an accident.
Sentinel, imagine a cyclist riding with traffic in a 3-foot-wide bike lane. A wrong-way cyclist comes against traffic in the same lane. Both cyclists refuse to yield or change lanes, and a collision ensues. Neither cyclist leaves; neither posts about it on a bulletin board anywhere in the world. Still battery? On whose part? Both cyclists had the opportunity to move, and so the collision was arguably "intentional", but only one was travelling legally...
Incidentally, I was very pleased by your post - I recently had a cop assure me that there was no such thing as using a vehicle as a weapon under the law, and that the guy who intentionally sideswiped me was guilty of no crime, sicne I was able to get out of the way... I asked him whether the same driver, if he'd swung a bat at me but missed because I ducked, would be guilty of a crime, and he assured me that swinging a bat would have been an assault. He couldn't tell me why they were different. I hope all the officers wherever you are are as well-educated as you, and I wish the ones here were, too!