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1) You would be at fault. You are always at fault if there is reasonable doubt that you could have avoided the accident.
2) You should use police and other means to thwart an attack on you if there is sufficient time to do so. Capture by authorities and evasion supercede ambush as acceptable means of ensuring your personal safety, but are not legally stated. It would depend on the judge's interpretation of the law.
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yeah, its that big
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