“ by someone not paying attention *driver*.”

“Look, should the driver be charged with reckless endangerment?”

So, not an asshole then, but a legitimately scared person.

Yep. This is the problem with (1) rushing to judgment and (2) people protesting in the streets.

“The driver actually did hurt someone instead of could have hurt someone, so is the bigger asshole in the nonzero sum of terrible people”