B. Carfree

If only it were as easy as it sounds in this article.


Legally Speaking: Brought to justice | VeloNews.com

dynodonn 

Ever since I started videoing my commutes, I basically no longer had a reason to confront motorists, I just report them to law enforcement if I have enough detailed information, and then move on.

CB HI

Something is odd in the insurance company even representing the driver when the driver likely violated a policy exclusion that the driver could not be using the vehicle in the commission of a crime at the time.

Next problem is finding a lawyer willing to take a case that will net them such a small amount. So cyclist are left the case pro-se.

CB HI

Here is hoping the driver lost or can no longer afford his auto insurance and is now on a box store bike.

europa

Gee, Charlie wouldn't last very long on this forum would he

blue192

You and I both.

genec

Do you know if "law enforcement" does anything but "round file" what you send?

dynodonn 

I have know idea what they do with my reports after I make them, but I definitely know what will happen if I don't make a report....... nothing, but adding to my frustration level.

Chris0516

Same here.

Daniel4

That's a nice story. However, maybe the law is different in Toronto, but I don't see a positive identification that the registered owner of the vehicle is identified as the offender of the incidence. That's the defense a lot of people used in the 1990s when Ontario implemented photo-radar to fine speeding motorists. The story didn't mention he got a photo of the guy's face.

So in Ontario, the case wouldn't have progressed. Furthermore, it would only have been their words against each other- again without proof.

Good example to wear a camera with a microphone-not for YouTube but your own personal use.

northernlights

Great story and outcome, but he is lucky to be alive.

coominya

That's a good idea. Down here a statement made to the police HAS to be acted on, and because you went to the trouble of making it there is the unwritten assumption that it's true and the police will proceed with that attitude. I think most drivers break these bike laws not out of malice but simply because they couldn't care. A visit or phone call from the police though will often change that attitude.

merlinextraligh

Insurance company has to provide the policy holder a defense if any claim in the complaint is possibly covered under the policy.

So a claim of intentional harassment would be excluded under an intentional acts exception, but not difficult to toss in a negligence count which would be covered, and require the insurance company to provide a defense to the entire action.

In all probability, the insurance company understood this, and viewed it as cheaper to settle for $4500, than to pay for both defense and coverage lawyers.

merlinextraligh

The cyclist looked at the driver eye to eye. The photo of the license plate was to learn the identity of the man he saw. Once the cyclist has the name of the owner, he can look at the owner and make a positive identification, based upon his personal observation, assuming the owner was in fact driving the car.

So you're identifying the defendant by eye witness observation, distinguishing it from the photo radar situation.

Moe Zhoost

Good luck getting an attorney to take your harassment case with such scanty evidence, unless you are willing to pay the hourly rate.

KD5NRH

Depends on the department; here, they'll note it, as it can give them an excuse to make an otherwise questionable stop later, and multiple complaints about the same driver can get more action. Can't get to multiple complaints without starting at one, though.
It may also be useful as supporting evidence if the driver is later stopped for officer-witnessed infractions of a similar nature. A couple of citizen complaints about unsafe/illegal passes may be the difference when the driver tries to beat a ticket after doing the same thing in view of a cop.

phoebeisis

**********?
What is Arbona's first name? plate number address

Pretty sketchy with the facts-

This has a "urban legend" feel to it-

Wonder why no "real news" folks picked up on it?

Filing a suit-means nothing-
we have no way of knowing the actual outcome -didn't go to trial
this story is a LIE-
pure unadulterated BS
why didn't the vela news posters actually extract a bit of the "suit'
They put a CASE NUMBER to make it seem "OFFICIAL"
Urban legend LIE