Quote Originally Posted by 7rider View Post
I think his point is that not evading a imminent accident does not make it assault. The pedestrian in your scenario is not the victim of assault, but the victim of a collision. "Fault" is a separate issue.
It is most certainly assault. Physical contact (i.e., battery) is not a required element of assault. Assault under Maryland law for example also includes "Attempting to cause serious physical injury to another." So, if the cyclist had used effective evasive maneuvers to avoid being struck, the driver could have still committed assault by intentionally moving over before the pass was complete. All that is required is that the victim had reasonable fear of imminent bodily harm.

Because the weapon was a car, I'd also say this could qualify as reckless endangerment if you can't prove intent on the part of the driver for assault.

*disclaimer: I am an attorney and this is more or less first year law student stuff, but I am not licensed in Maryland (or Virginia) and this is not to be taken as professional legal advice. I am licensed in DC but haven't done research on the exact language under DC law.