Oregon motorist asserts road ownership; backs over cyclist
02-25-09, 02:18 AM
#1
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02-25-09, 03:16 AM
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Okay, the cager is a neanderthal.
The most dangerous lane position they could have possibly chosen.
We were riding right on the fogline (no paved shoulder beyond this at that point)...
02-25-09, 04:51 AM
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A fascinating read. I look forward to updates.
02-25-09, 07:02 AM
#4
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Motioned the driver back. Whacked his mirror.
Driver was a flaming 'hole, and should be brought up on charges for assaulting the cyclist, but the cyclist didn't go out of their way to not escalate the situation...
Driver was a flaming 'hole, and should be brought up on charges for assaulting the cyclist, but the cyclist didn't go out of their way to not escalate the situation...
02-25-09, 09:25 AM
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my reading of the incident is that the motorist turned around and ran into the cyclist from the front. The cops around here have made radio announcements talking about how they are going to prosecute aggressive driving incidents. I wonder if they would ignore something like this as being a he-said-she-said incident. This seems fairly clear-cut to me.
02-25-09, 09:30 AM
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Wow!
That really sucks for the cyclist! Hopefully the police will go ahead and arrest that ignorant driver. The cyclist could have shown a little more restraint though. (but I can't say I wouldn't have don't the same
)
That really sucks for the cyclist! Hopefully the police will go ahead and arrest that ignorant driver. The cyclist could have shown a little more restraint though. (but I can't say I wouldn't have don't the same
)
02-25-09, 10:12 AM
#7
Tiocfáidh ár Lá
Moral of the story don't mess with a road rager. Another point is that cyclist can have road rage too. Last point is that ALL police assume it was a cyclist fault when there is a car/bike confrontation, they don't like us on their roads either 
And from my recent experience neither do Judges 
And from my recent experience neither do Judges
02-25-09, 10:14 AM
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Moral of the story don't mess with a road rager. Another point is that cyclist can have road rage too. Last point is that ALL police assume it was a cyclist fault when there is a car/bike confrontation, they don't like us on their roads either And from my recent experience neither do Judges
And from my recent experience neither do Judges
02-25-09, 10:53 AM
#9
Tiocfáidh ár Lá
I really didn't want to bring it up on BF but in short, I was riding down a one way street with parallel parking on the right and diagonal parking on the left. I was in the center of the lane doing the speed limit of about 18MPH in a 15MPH when up a head a guy was signaling to parallel park on the right. He backed into the spot and just as I was getting close he realized that he missed the spot and looked across the street and thought, "O goody I suck at parallel poarking so I'll just pull across the street in that empty spot." So he pulled out of the spot just as I was passing and it was all my fault 
My bike went flying through the air and hit an SUV, broke the tail light and the collectors are after me for $750 bones. The guy that hit me, while a bad driver, was actually pretty cool and very concerned about my health. He did not charge me anything for the damage to his car which was significant. The judge said it was my fault even though Virginia laws clearly state taht a bicycle can pass a car in a one way street if the car is slower then the bike. Thats not even what I did but the law states that. I would never pass a car left or right on a one way - no way just follow it. but this guy was 95% parked in his spot. By the time I noticed he was pulling out my first thought was that he was adjusting his spot till I heard the motor rev and then 4....3....2....1... I am flying through the air headed for a parked SUV
My bike went flying through the air and hit an SUV, broke the tail light and the collectors are after me for $750 bones. The guy that hit me, while a bad driver, was actually pretty cool and very concerned about my health. He did not charge me anything for the damage to his car which was significant. The judge said it was my fault even though Virginia laws clearly state taht a bicycle can pass a car in a one way street if the car is slower then the bike. Thats not even what I did but the law states that. I would never pass a car left or right on a one way - no way just follow it. but this guy was 95% parked in his spot. By the time I noticed he was pulling out my first thought was that he was adjusting his spot till I heard the motor rev and then 4....3....2....1... I am flying through the air headed for a parked SUV
02-25-09, 11:01 AM
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I really didn't want to bring it up on BF but in short, I was riding down a one way street with parallel parking on the right and diagonal parking on the left. I was in the center of the lane doing the speed limit of about 18MPH in a 15MPH when up a head a guy was signaling to parallel park on the right. He backed into the spot and just as I was getting close he realized that he missed the spot and looked across the street and thought, "O goody I suck at parallel poarking so I'll just pull across the street in that empty spot." So he pulled out of the spot just as I was passing and it was all my fault
My bike went flying through the air and hit an SUV, broke the tail light and the collectors are after me for $750 bones. The guy that hit me, while a bad driver, was actually pretty cool and very concerned about my health. He did not charge me anything for the damage to his car which was significant. The judge said it was my fault even though Virginia laws clearly state taht a bicycle can pass a car in a one way street if the car is slower then the bike. Thats not even what I did but the law states that. I would never pass a car left or right on a one way - no way just follow it. but this guy was 95% parked in his spot. By the time I noticed he was pulling out my first thought was that he was adjusting his spot till I heard the motor rev and then 4....3....2....1... I am flying through the air headed for a parked SUV
My bike went flying through the air and hit an SUV, broke the tail light and the collectors are after me for $750 bones. The guy that hit me, while a bad driver, was actually pretty cool and very concerned about my health. He did not charge me anything for the damage to his car which was significant. The judge said it was my fault even though Virginia laws clearly state taht a bicycle can pass a car in a one way street if the car is slower then the bike. Thats not even what I did but the law states that. I would never pass a car left or right on a one way - no way just follow it. but this guy was 95% parked in his spot. By the time I noticed he was pulling out my first thought was that he was adjusting his spot till I heard the motor rev and then 4....3....2....1... I am flying through the air headed for a parked SUV
02-25-09, 11:06 AM
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From reading the article I cant tell if the driver left the seen of the accident or not. If he did then the cyclist has a good case against him. The driver should be charged with assault with a deadly weapon and leaving the seen of an accident. Both of these are very serious crimes. Although I also believe the cyclist could have handled things better than he did. He did provoke the guy!
02-25-09, 11:26 AM
#12
Bicycle Repair Man !!!
Assault with a weapon is a class A FELONY in the U.S. and is covered by section 265a of the Canadian Criminal Code.
A weapon is defined by something that is not part of one's being like your hands or feet and a 2 ton vehicle makes a fabulous weapon.
Conversely... if you hit someone with your bike, u-lock, or pump that too would be considered assault with a weapon if it was not something that was done is self defence.
When the driver of a vehicle has the option to drive away and chooses to run someone over then this becomes a deliberate attempt to injure.
In the U.S. this could rate a life sentence.
In Canada you could spend 10 or more years in a Federal Prison.
This works for me.
The penalties handed out to motorists that have killed cyclists through negligence are in themselves appalling but in the case of deliberate attempts to injure I feel the maximum penalties should be applied.
A weapon is defined by something that is not part of one's being like your hands or feet and a 2 ton vehicle makes a fabulous weapon.
Conversely... if you hit someone with your bike, u-lock, or pump that too would be considered assault with a weapon if it was not something that was done is self defence.
When the driver of a vehicle has the option to drive away and chooses to run someone over then this becomes a deliberate attempt to injure.
In the U.S. this could rate a life sentence.
In Canada you could spend 10 or more years in a Federal Prison.
This works for me.
The penalties handed out to motorists that have killed cyclists through negligence are in themselves appalling but in the case of deliberate attempts to injure I feel the maximum penalties should be applied.
02-25-09, 11:48 AM
#13
L T X B O M P F A N S R
From reading the article I cant tell if the driver left the seen of the accident or not. If he did then the cyclist has a good case against him. The driver should be charged with assault with a deadly weapon and leaving the seen of an accident. Both of these are very serious crimes. Although I also believe the cyclist could have handled things better than he did. He did provoke the guy!
02-25-09, 01:07 PM
#14
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I did the same thing (whacking a cager's side view mirror) in a heated argument. Believe me, definitely not something you want to do. Luckily, I didn't get run over. The cager simply followed alongside me for about a mile, backing up traffic, and yelling everything under the sun. Finally, I suggested that he should follow me to the police station. That quieted things down. I went left at a fork, and he went right. End of road rage on both sides.
Moral of the story is bite your own tongue and take down the license plate.
Moral of the story is bite your own tongue and take down the license plate.
02-25-09, 01:12 PM
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02-25-09, 01:55 PM
#16
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Spot-on. A difficult, but vital, skill to master is how to shut up and avoid provoking the offender and escalating a bad situation. I am still a student of this, but I am improving, or perhaps just mellowing with age. 
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02-25-09, 03:13 PM
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I think the JAM would have hit the cyclist even if he did not hit his mirror. I do not think hitting the mirror had anything to do with what the JAM did. The JAM was hell bent on proving his point and so he did so by using his Stupidly Useless Vehicle as a weapon.
02-25-09, 03:21 PM
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I've been trying to avoid escalating things like this. In CO, we have a road rage hotline. If an aggressive motorists attempts to show me that only they own the road, I grab the cell phone and start dialing. It usually calms them down, plus the cops have a record of it. I'm not saying I'm perfect, or even close to it. It's easy to lose your temper when someone is attempting to run you down.
02-25-09, 06:47 PM
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Assault with a weapon is a class A FELONY in the U.S. and is covered by section 265a of the Canadian Criminal Code.
A weapon is defined by something that is not part of one's being like your hands or feet and a 2 ton vehicle makes a fabulous weapon.
Conversely... if you hit someone with your bike, u-lock, or pump that too would be considered assault with a weapon if it was not something that was done is self defence.
When the driver of a vehicle has the option to drive away and chooses to run someone over then this becomes a deliberate attempt to injure.
In the U.S. this could rate a life sentence.
In Canada you could spend 10 or more years in a Federal Prison.
This works for me.
The penalties handed out to motorists that have killed cyclists through negligence are in themselves appalling but in the case of deliberate attempts to injure I feel the maximum penalties should be applied.
A weapon is defined by something that is not part of one's being like your hands or feet and a 2 ton vehicle makes a fabulous weapon.
Conversely... if you hit someone with your bike, u-lock, or pump that too would be considered assault with a weapon if it was not something that was done is self defence.
When the driver of a vehicle has the option to drive away and chooses to run someone over then this becomes a deliberate attempt to injure.
In the U.S. this could rate a life sentence.
In Canada you could spend 10 or more years in a Federal Prison.
This works for me.
The penalties handed out to motorists that have killed cyclists through negligence are in themselves appalling but in the case of deliberate attempts to injure I feel the maximum penalties should be applied.
02-25-09, 07:23 PM
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Hi all,
I'm the guy on the bike that was involved in this. Yes, I could have handled it differently, but if you read my blog post you will see my reason (formulated in about 0.0004 seconds!) You may not agree, heck, I may not agree next time, but I wanted to make sure that this guy did not give the excuse "Hey, it wasn't me. They must have mistaken the license number"
Also, I guess I wasn't clear in the posting. He backed up to come "talk to us" and ended up beside me, still facing forward. We discussed the situation with him in the driver seat talking though the open passenger side window with me astride my bike standing beside the passenger side, on the shoulder of the road. (at this point actually the driveway to a rural home)
Thinking it was time to go I turned my back to get clipped in. My riding partners tell me that he backed up, turned the wheels towards me and accelerated forward. The first I know of this is that I am laying on the ground under his front bumper/radiator. I slid forward to get a view of his front plate. After hitting me, the guy backed up, turned back onto the road and accelerated away.
Indeed, hit and run. A felony in Oregon under these circumstances. (injury involved)
Assault 2, another felony. (again because of injuries and intent)
a list of misdemeanors also apply.
A partial list appears on my blog on the following day's post.
Ya, I shouldn't have whacked his mirror. I can't tell you that in identical circumstances I wouldn't do it again.
I won't clutter up the forum on the whole "escalation" thing. I'll just say that I give a wave of thanks when a vehicle does the right thing. I let them know when the mess up. I do the same for cyclists. Never had a guy run into me for it before.
Kevin
https://the-whir-of-spokes-in-air.blogspot.com
I'm the guy on the bike that was involved in this. Yes, I could have handled it differently, but if you read my blog post you will see my reason (formulated in about 0.0004 seconds!) You may not agree, heck, I may not agree next time, but I wanted to make sure that this guy did not give the excuse "Hey, it wasn't me. They must have mistaken the license number"
Also, I guess I wasn't clear in the posting. He backed up to come "talk to us" and ended up beside me, still facing forward. We discussed the situation with him in the driver seat talking though the open passenger side window with me astride my bike standing beside the passenger side, on the shoulder of the road. (at this point actually the driveway to a rural home)
Thinking it was time to go I turned my back to get clipped in. My riding partners tell me that he backed up, turned the wheels towards me and accelerated forward. The first I know of this is that I am laying on the ground under his front bumper/radiator. I slid forward to get a view of his front plate. After hitting me, the guy backed up, turned back onto the road and accelerated away.
Indeed, hit and run. A felony in Oregon under these circumstances. (injury involved)
Assault 2, another felony. (again because of injuries and intent)
a list of misdemeanors also apply.
A partial list appears on my blog on the following day's post.
Ya, I shouldn't have whacked his mirror. I can't tell you that in identical circumstances I wouldn't do it again.
I won't clutter up the forum on the whole "escalation" thing. I'll just say that I give a wave of thanks when a vehicle does the right thing. I let them know when the mess up. I do the same for cyclists. Never had a guy run into me for it before.
Kevin
https://the-whir-of-spokes-in-air.blogspot.com
02-25-09, 11:11 PM
#22
Senior Member
When the police are chasing someone and corner them, if they pull that with the police, the video usually shows all the officers there emptying their clips into the vehicle. If that's an appropriate response for the police, then the charges for this guy should reflect that seriousness.
02-26-09, 01:30 AM
#23
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Cripes! Our ride this Saturday will be in Marion Co
Hi Kevin, welcome to BF! Glad you weren't hurt!! And it's good to hear you're pursuing this. This guy needs to be off the roadway.
be safe out there
kari
Hi Kevin, welcome to BF! Glad you weren't hurt!! And it's good to hear you're pursuing this. This guy needs to be off the roadway.
be safe out there
kari
02-26-09, 08:25 AM
#24
Tiocfáidh ár Lá
Good luck Kevin. I hope they find this guy and you use every means possible to prosecute him to the full extent of the law. I don't agree with your reaction though I am a hot head at times and cannot say I wouldn't do the same thing but according to your account this guy should be held on attempted murder charges.
02-26-09, 04:33 PM
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The doctor on trial in Los Angeles:
https://la.metblogs.com/2008/12/12/an...cular-assault/
I think his trial has started. I don't recall the outcome. He had a similar previous incident as well. AND this psycho is a ... doctor?
dc
https://la.metblogs.com/2008/12/12/an...cular-assault/
I think his trial has started. I don't recall the outcome. He had a similar previous incident as well. AND this psycho is a ... doctor?
dc