Attacked by SUV

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ftPeter
Participant
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Lyle/Williamo: This is getting a bit thread-jacky, but I totally agree with Lyle. Better to eat door than get run over. Best not to take the chance.


BradQ
Participant
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For the people advocating the “do nothing” type approach… Remove the car and bike form the equation and imagine someone threatening you on the street. I’d guess that you’d tell them to get lost (maybe with more colorful words), and leave quickly. And that seems to be what transpired here.


StuInMcCandless
Participant
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Think Martin Luther King. Think Ghandi. Gotta stay cool. Damn difficult under the circumstances. But take names/plate#s and then kick ass afterwards. If you are indeed in the right, that’s what the justice system is for.


djrbikes
Participant
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Willie
Participant
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ok everyone I did actually get a return call from the police. The went to the house of the woman that tried to run me down and of course her story did nothing but point the finger at me. The police seen the broken rear view mirror on her SUV and asked why she never reported it to the police. But the officer didnt have a answer for why the lady didnt call to report any of this. Im guessing she has something to hide. So anyway the police now tell me its all out of there hands and if i want to follow up I have to go to the civil court and file charges. I still cant believe that someone could do this to you and is not even getting arrested.

And for everyone that wants to avoid this nut the plate number is PA#EMS-2498. And the SUV is a small black 4 door SUV. Just look for the broken passenger side mirror. I also have her name and address. I have no problem posting that too but not sure if I will get in trouble or not. Let me know what you all think.


Dryrunholiday
Participant
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Hi Willie. First off let me disclaim what I’m going to say here: I am law student, not a state licensed attorney. DO NOT TAKE ANYTHING I SAY AS LEGAL ADVICE! I’m only stating my opinion.

My opinion: Seek counsel! Just because the police feel they can’t prove anything “beyond a reasonable doubt” (criminal standard), does not mean that you can’t prove what happened “upon a preponderance of the evidence” (the civil standard). There’s a huge difference there.

To prove Battery: 1. An act by the defendant which brings about harmful or offensive contact to the plaintiff’s person; 2. intent on the part of the defendant to bring about harmful or offensive contact to the plaintiff’s person; and 3. causation.

“Plaintiff’s person” – for purposes of a battery, anything connected to the plaintiff’s person is viewed as part of the plaintiff’s person (e.g. a purse, or bike).

Trespass to Chattels (personal property e.g. bike) – 1. an act of defendant that interferes with the plaintiff’s right of possession in the chattel; 2. intent to perform the act bringing about the interference with plaintiff’s right of possession; 3. causation; and 4. damages.

Acts of interference with the plaintiff’s “right to possession” includes intermeddling (i.e. direct damage to plaintiff’s chattels).

This is all basic stuff, but i guess the reason i’m posting it is i see all these posts about crazy drivers, but nothing being done about it. You aren’t at the mercy of the police. The only way this kind of thing stops is if something is done about it.


alankhg
Participant
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If you do decide to seek legal recourse, make sure to take (or have a friend or someone on this board) take numerous detailed photos of the damage to your bike and any injuries.


Willie
Participant
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I’d like to thank everyone for the help and advice. And a special thanks to eric for the new wheel. He even brought it all the way up to my house on mt washington for me making my camping trip planned for this upcoming weekend still possible. Its good to see there are still people around that care about others and not just themselfs. Just so everyone knows I have contacted steve p and a lawyer. I will be contacting mark r today also. I have pictured and will have a police report this week. I also found out I have to go to the civil court on friday if i want to follow up. believe me I will be. thank you all again


erok
Keymaster
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good luck and keep us updated!


caitlin
Participant
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so…..

what happens when something like this goes on and you are a pedestrian? today on my way to work i watched a woman cross the street on east ohio and middle, and there is a cross walk with a YEILD TO PEDS sign in it. she is halfway across and this big read pickup flies towards her, very close, and honks, yelling something at her. this happens on east ohio and on north alot, but as walkers we can’t easily track down the vehicle (esp if you were just afraid you were going to meet your maker)

the woman seemed unphased (probably happens to her twice a week) but i was horrified. just another reason why i have engineered a nearly 0-car route to work.

sorry you experienced this and keep us updated on what happens. Maybe you should just send the lady a little post card reminding her that cyclists could be her daughters, neighbors, doctors, etc. what if she clobbered you with her car and discovered you were her neighbor’s son?


Willie
Participant
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to be honest she would probably put the blame on the neighbors son. I think the only thing she would understand is being prosecuted to the fullest extent of the law. I have to laugh at the last line I typed tho. It seems that there is no law for motorists when they break the law and it effects a bike rider. The proof of this is that the woman is still a free citizen.


caitlin
Participant
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I guess what I am saying is, drivers like this need to remember that humans, just like them, are the people on bikes. and that they react without knowing who that person could be (cyclists do the same, but with cars you might be able to say you know who it is first..) So I would suggest one approach be a way to humanize yourself and other cyclists to her.


Willie
Participant
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Your right for sure and I agree. But this lady seen me as the person that held her up and that is what made her lose it on me. I guess road ragers and bikers just look at life differently. I was wondering if anyone knows if any questions on the drivers test involve what do to when encountering bikes on the road. Is there any education for drivers in a biking sense. It would take a while but maybe if these things where taught to younger drivers it would make the roads safer for the next generation of bike riders. Not to be mean to them but I think its too late to teach older drivers new tricks and maybe teaching up and coming drivers safety and courtesy might be the way to go. Only a thought.


Lyle
Participant
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I don’t think the problem is limited to cyclist victims. The fact is, the consequences to a motorist who maims or kills someone are minuscule, regardless of whether the victim is a pedestrian, a cyclist, or another motorist. The NYT story described a young Mr Hill, who was texting while he ran a red light and killed another motorist. His responsibility was never in doubt. He was convicted of a misdemeanor. Now when he drives, he uses a handsfree kit with his cell phone.

The only exception to this rule is if the driver has a bit of alcohol on his breath. In that case, he is deemed responsible even if he did nothing else wrong.

The challenge for us is to replicate how MADD managed to demonize drinking and driving. Or to convince MADD to rename themselves Mothers Against Distracted Driving.


mattwatson
Participant
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Good to hear you got through the incident unscathed.

I think the best thing to do when you think s*** is going sour is to use your bike to your advantage – take a quick u-turn head up a side street or one way (don’t get killed in the process) and take a different route. It seems to work well for me.


Kordite
Participant
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I find the “Sure, he’s a criminal but you aggravated him” to be an unconvincing counter argument.

My house was burglarized last week. At first, it seemed that we might have left the door open until we noticed that a window was forced and a bar that should have prevented the window from opening more than a few inches failed. Even so, this led to some arguments about responsibility and I refuse to accept any. Even if I left all my doors and windows open, it could in no way be considered an invitation for someone to walk into my house and take my stuff.

Cops do the same thing. They set up a car in a neighborhood and leave the doors unlocked and see who tries to steal it. It’s not entrapment. It’s theft.

No matter what a cyclist says, it is no justification for vehicular assault. None.

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