[over the mountain]

last clear chance to avoid an accident. if this driver was driving at or below the posted speed limit then he should have had enough time to brake safely.

there is also the issue of contributory neg if this was in MD.

also, considering the circumstances of why traffic was slowed or stopped, accelerating in that situation wasnt the smartest decision.

honestly to me it looked like the driver knew the scooter guy was coming over but didnt want to slow down, choosing to get up on his ass and try and close the window, then when the scooter guy braked, collision occurred.

i mean, who wants a freakin scooter changing lanes in front of you when you lane is clear for take off?