I think if that situation had played out for me, I would
not be the first one out of the car. I would have driven off and called 911. If the other driver pursued me after that, I would prepare for the worst.
If you have a chance to defuse the situation and don't, I would not think the court would smile at you.
Either way, a life is lost and another life pretty much hosed.
Not good.
Geetarman