[Jack Black]

First blood was the scooter rider kicking the car. In the video, but we also have eye-witness testimony of the videographer, before he started filming:

Traber, who works for a local power company, was riding in the passenger seat when he noticed the motorcyclist pass them in the fast lane, he told ABC News. About 100 yards ahead, Traber said he saw the silver sedan, which was in the carpool lane, swerve to the right to enter the fast lane, almost hitting the motorcyclist.

There might not have been any injury or property damage at that point, though.

I can understand the motorcyclist (scooterist) being really angry and scared, but kicking a car in incredibly stupid.

The scooterist is lucky he's not dead.

I'm all for prosecuting the scotterist, but the driver looks like he tried to kill him. If the altercation was going on for a bit, and he's flipping off the scooterist then he can't claim surprise, and in fact his swerve to the right is attempted murder.

So, they both need to be charged, but vandalism is not the same as attempted murder. The driver needs the bigger punishment, plus he lost control based on his own murder attempt, and seriously injured someone as a result.

[anton]

Poor driving by the compact. Should have pinned that bike to the wall with ease. Note to self: relax. Also, tap the rear tire as the bike squeezes by, don’t aim for the front.

[TigersEye]

The biker may not have intended to cause physical harm to the driver but he was endangering people’s lives just the same. Not just his and the driver’s either.

[UnwashedPeasant]

"Traber said he saw the silver sedan, which was in the carpool lane, swerve to the right to enter the fast lane, almost hitting the motorcyclist."

This must happen all the time to motorcyclists. They are hard to see, and they zip around traffic, often in blind spots.

If a motorcyclist cannot handle that kind of traffic, he should drive a car instead.