Uhm, garlog, dude. You do realize that you are accusing children of being criminally negligent, right? Would he really have a case to plead in court that he mowed down tiny snowmen off of the roadway not once, not twice but three times and boohoohoo, he hit a fire hydrant? This is lame, do not be lame.
You're comment about them being children is reasonably valid, there would probably have to be bodily harm to the driver for the case to go anywhere.
Regardless, setting up a trap to knowingly cause damage is, in fact, an actionable offense.
Sympathy matters when the one that decides if i crime was committed is a jury, plus it's not a crime to build a snowman around a public space but it is a crime to drive over the curb...
Jury's can't just be like "Well the defendant obviously committed a crime, but the plaintiff's a dick so we'll say they're innocent." That's not how it works, it would be an obvious mistrial.
And I'll say it again, it's a crime to create a trap that will knowingly cause damages.
Not if he is illegally driving off road to destroy public and or private property. Reckless endangerment, failure to control, reckless op, tresspassing, destruction of public and or private property. No, they weren't lucky. They weren't at fault legally.
Regardless, setting up a trap to knowingly cause damage is, in fact, an actionable offense.
And I'll say it again, it's a crime to create a trap that will knowingly cause damages.