No it is NOT. :yes:
Absolutely, positively the bike rider is the immediate cause of the crash.
Regardless of what happened before, it does NOT give him license to do something dangerous and illegal.
Actually, there's a pretty good case to argue that whatever the motorcyclist did, from what we've seen he DID NOT at any time use or attempt to use his vehicle as a weapon & therefore is arguably NOT the 'cause of the collision'.... & I reckon that most courts &/or juries would have a hard time justifying comparing a person kicking out at a a car as being anywhere near an 'assault with a deadly weapon', while a driver using their vehicle to attempt to run another road user, on a motorcycle or anything else, into the concrete divider IS such an assault!! :lecturef_smilie: Just sayin'
