Advocacy & Safety - using small claims against road ragers

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jamesdenver
09-25-05, 05:55 PM
so i just responded to this post advising the poster to pursue small claims against this person.

http://www.bikeforums.net/showthread.php?p=1616421#post1616421

my question is - do others think this could be a useful tool against cagers that harrass (to the point of being dangerous), not just honking, but intimidation and threats of violence via person or car?

many cops obviously don't do anything, but a regular guy with a bit of evidence, dates, times, POLICE REPORT, (probably file away already), hopefully pictures, can bring a guy INTO court, to face a JUDGE for his actions!

i went thru the process here in denver for a towed car issue, i ended up settling with the guy, but i'm glad i went thru the procedure of doing the paperwork, having him served, prepping my own records. it really isn't difficult, and many forms for city g'ments are online. i learned a lot.

also, if the guy is really busy, he might just want to pay YOU and settle, so you can choose whether or not to bring him to court, or accept his apology, (and court fees you would sue for)

also, if he doesn't show up, it defaults and you win, then, you can actually file for a lein on his property, and garnishment of his wages.

i'm not recommending suing for thousands of dollars, better file for a small amount, plus costs. i would be more interested in someone showing up, and having to explain why he is there. (someone without a history of frivolous suits wouldn't just make something up against a random car), and i think a judge would agree

thoughts? many posts i read ends with "the cops didn't do anything", but citizens have the right to pursue legal action against other citizens that have wronged them, with or without cops.

bike756
09-25-05, 06:27 PM
I'm certainly going to try to sue the a-hole who hit me. I need a better bike. I wouldn't if it was an accident, but he hit me intentionaly and then tried to run. I think the cops are on my side, but the police report is still out. I'm going to get every penny I can out of him.
supcom
09-25-05, 06:28 PM
When you sue for harrassment, what damages do you ask for? In the reference thread, while the driver was certainly acting illegally, nobody was injured and no property was damaged. There does not appear to be a claim that can pursued in civil court.

Generally, if there is a pattern of harrassment, you can ask a court to issue a restraining order against the harrasser. However, in this case, where the harrasser is acting illegally in public, and is unlikely to be encountered again, that would seem to be a worthless pursuit.

jamesdenver
09-25-05, 07:20 PM
I'm certainly going to try to sue the a-hole who hit me. I need a better bike. I wouldn't if it was an accident, but he hit me intentionaly and then tried to run. I think the cops are on my side, but the police report is still out. I'm going to get every penny I can out of him.

i agree. if physical and property damage (bike) are done - definetely go after the full amount plus reasonable expenses for your time spent dealing with it
Bekologist
09-25-05, 09:54 PM
I'm fed up with blowhard drivers that scream and yell things, then threaten you or screech their car to a stop to "teach the biker a lesson"

Screw the U lock advice, I'll be using pepper spray against the next road rager that gets out of their car- I've duct taped some to my seatstay, looks like a CO2 and is ready to go.
Az B
09-25-05, 10:00 PM
I'm fed up with blowhard drivers that scream and yell things, then threaten you or screech their car to a stop to "teach the biker a lesson"

Screw the U lock advice, I'll be using pepper spray against the next road rager that gets out of their car- I've duct taped some to my seatstay, looks like a CO2 and is ready to go.

Works pretty good on dogs too. I always tell them "NO!" and if they keep coming, they'll get a snootfull. Even the dumb ones quit chasing bikes after only one time.

Az
Brian
09-26-05, 01:10 AM
Good luck proving damages to the judge.

Heck, good luck finding the offending driver in the first place. At least in CA, you can't just go to the DMV and have them run a rego. And even if you hire a P.I., he may not legally be able to release that info.
Little Darwin
09-26-05, 06:34 AM
My knowledge of small claims court is limited, and some is only based on the People's Court, Judgs Judy etc...

However, my recollection is that in small claims court you can only claim financial compensation for actual damage done ormoney owed. You are not going to somehow get a cash award for someone acting in a criminal manner or get enough for an upgraded bike... You get enough to make things the way they were.

And although I like the fact it takes time out of the moron's schedule, I strongly suspect that you open youself up for a counter-suit if you have impacted their ability to make money for a given period of time to show up, if your case is unfounded (meaning that you didn't pay real $ in direct connection with the incident).
jamesdenver
09-26-05, 09:21 AM
And although I like the fact it takes time out of the moron's schedule, I strongly suspect that you open youself up for a counter-suit if you have impacted their ability to make money for a given period of time to show up, if your case is unfounded (meaning that you didn't pay real $ in direct connection with the incident).

good point too -- but obviously since i ride a bike i'm a poor drifter and don't have any money anyway :)