If a child purposely ran into a road chasing a ball, would they be fair game to run over? The driver could have (and should have stopped) They chose not to, because cyclist. I hope there's an update to this when the driver is prosecuted.
The driver had clearly committed to going and by the time Mikey choose to put himself in it's path had picked up quite a bit of speed, there wasn't much margin for stopping by that point. If a child had run out unexpectedly it would have been difficult to avoid a collision, in a different context if there was a child at the side who might have run out I'd hope the driver would have approached it differently using more caution so as to have more time to react and stop.
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