content: The legality is surprisingly complicated. In most states they don't have the legal precedence for this because people generally aren't this stupid. Because of a lack of a legal standard these events would be taken on a case by case basis. This is weird because this is openly blocking the road, which in many cases is illegal, but the driver generally does not have to right to take action. It would be hard to label the driver as justified or accidental beyond fault. I'd suggest taking this to a trial by jury if possible.