Advocacy & Safety - Agressive bus driver

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AverageCommuter
08-06-08, 10:19 PM
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grayloon
08-06-08, 10:38 PM
While the driver was not driving as safely as he should, what law did he break? If you sue him and/or the bus company, what damages did you suffer? Seems that there's nothing to charge him with and no damage to you that can readily be established. It boils down to a he said/she said without witnesses. You should, however, report his rude behavior and unsafe driving to the company. Next time, do not let an idiot like him know you are planning to file a complaint. You would be amazed at how quickly the Bozo will get back to the barn and make up a story about a weirdo on a bike weaving all over the street and cussing him for nothing.
buzzman
08-06-08, 10:50 PM
I was recently cycling through RI and was so impressed by the response of a city (RIPTA) bus driver that did exactly the opposite of what you described and responded to my presence on the road in a fashion that made me think he/she was either a bike rider or had been appropriately trained on how to pass and/or approach cyclists.
I feel like now I should write to RIPTA to commend the driver's response to encourage whatever process they have in place or to single out this driver as an example for others.
You absolutely should inform the appropriate authority about this driver's actions and be prepared to back up your right to the road with state laws in writing in case you encounter further ignorance. You may even want to contact a local bike advocacy group to seek their support. Buses and trucks can be extremely dangerous for bicyclists when operated irresponsibly. Training city bus drivers to interact with cyclists should be a priority in any city.
på beløb
08-06-08, 11:00 PM
There's a picture of a bus being driven aggressively in Copenhagen on a satellite image you can see from Google maps. I found it whilst trying to explain about a near miss when a bus right hooked me on the same junction.
It made me laugh.
I've found if you report it, it only makes you feel good, it doesn't improve your chances at the junction.
definitely file a complaint, and follow up. you were harassed in a dangerous way
File the complaint - that driver sounds like an accident waiting to happen. He also sounds like the kind of driver to try and blame anyone but himself if something does go wrong, not the sort of person that should be in charge of a bus.
While riding back to work this evening I was traveling down a section of road which is very narrow. Each direction of travel is divided and there is barely enough room for a compact car and a bicycle to pass. Fortunately it is slightly less than a quarter of a mile long. Just after I entered this stretch of road I heard something coming up behind me. I turned around and saw that it was a city bus. I picked up the pace a bit since I knew it wouldn't be able to pass. About half way through this section the bus driver blared his horn and revved his engine. I looked back again and the bus was about 10 feet behind me while we were both traveling at 20mph. Far too close to have stopped in the event of an emergency.
Just before the end of this narrow section is a pull-out for the bus to pick up passengers. There was a passenger waiting. When he pulled out and stopped, I turned around to ask him just exactly what he thought he was doing. Before I even had a chance to speak, he calls out "Do you think these roads were made for you?" I was incredulous. I responded, "You have a license to drive a bus and you don't know the laws of the state of Indiana or the city of Muncie?" He then went on about the fact that you don't see anyone else riding on the street and it's not safe for me to be doing it. I started to tell him that the laws of Muncie state that I have a right (and am in fact required) to ride on the street but he just shut his window and started radioing to someone. I tipped my bike back so that he could get a better view and told him to be sure and get a good description because I would be talking with his administration when they open.
So tomorrow should prove interesting. If his administration is receptive to my complaint then I will push for an apology from the driver and a refresher in the laws as they pertain to bicycles for all of their drivers. If not then I'll either look at pressing charges or a suit against him and the company.
Is he IndyGo? A couple of their drivers have buzzed me really close. i have talked myself out of calling in on them. Nope, sorry I see the Indy go now.
While the driver was not driving as safely as he should, what law did he break? If you sue him and/or the bus company, what damages did you suffer? Not quite true. The bus driver tailgated, committed reckless endangerment and harassed the cyclist. He could be charged for any of those offenses.
As to a civil case, endangering someones life is a violation of their civil liberties.
I once got a professional driver charged and convicted for reckless endangerment after he intentionally squeezed me to the curb twice. His word against mine. After his lawyer got many continuances, hoping that I would give up and not show up in court, he ended up getting a hanging judge. The regular traffic judges and prosecutors were out that final day for training. So the drug case judges and prosecutors filled in. The defense lawyer tried to get the prosecutor to accept a reduction in the charge to an improper lane change. I told the prosecutor I would rather take the chance of a conviction on the full reckless endangerment charge. The prosecutor was cool with that. The defense lawyer realized that if they pushed it with this judge, the driver was likely to get jail time. Instead they cut a deal on the full charge for 6 months probation and a fine. I asked the judge to give him anger management classes as well and the judge ordered it.
During a discussion between the lawyers, for which I was present, it was clear the last thing this driver wanted was to be ordered to take anger management classes.
Cyclist rarely get this good of an outcome, but it does sometimes happen.
Not quite true. The bus driver tailgated, committed reckless endangerment and harassed the cyclist. He could be charged for any of those offenses.
As to a civil case, endangering someones life is a violation of their civil liberties.
I once got a professional driver charged and convicted for reckless endangerment after he intentionally squeezed me to the curb twice. His word against mine. After his lawyer got many continuances, hoping that I would give up and not show up in court, he ended up getting a hanging judge. The regular traffic judges and prosecutors were out that final day for training. So the drug case judges and prosecutors filled in. The defense lawyer tried to get the prosecutor to accept a reduction in the charge to an improper lane change. I told the prosecutor I would rather take the chance of a conviction on the full reckless endangerment charge. The prosecutor was cool with that. The defense lawyer realized that if they pushed it with this judge, the driver was likely to get jail time. Instead they cut a deal on the full charge for 6 months probation and a fine. I asked the judge to give him anger management classes as well and the judge ordered it.
During a discussion between the lawyers, for which I was present, it was clear the last thing this driver wanted was to be ordered to take anger management classes.
Cyclist rarely get this good of an outcome, but it does sometimes happen.
Score! Did you post the original inmcident details on BF? If so, please post either a link or the thread title as I'd like to to see the progression.
CommuteCommando
08-07-08, 08:57 AM
So tomorrow should prove interesting. If his administration is receptive to my complaint then I will push for an apology from the driver and a refresher in the laws as they pertain to bicycles for all of their drivers. If not then I'll either look at pressing charges or a suit against him and the company.
For get the law suit, it would be frivolous, Write a polite letter to his supervisors, and cc the local press. That should get his attention. I have had run ins with bike hating bus drivers in the San Diego MTS, and Los Angeles MTA. The MTA is sooo bad that LA actualy has a bus riders union.
grayloon
08-07-08, 09:13 AM
Not quite true. The bus driver tailgated, committed reckless endangerment and harassed the cyclist. He could be charged for any of those offenses.
As to a civil case, endangering someones life is a violation of their civil liberties.
I once got a professional driver charged and convicted for reckless endangerment after he intentionally squeezed me to the curb twice. His word against mine. After his lawyer got many continuances, hoping that I would give up and not show up in court, he ended up getting a hanging judge. The regular traffic judges and prosecutors were out that final day for training. So the drug case judges and prosecutors filled in. The defense lawyer tried to get the prosecutor to accept a reduction in the charge to an improper lane change. I told the prosecutor I would rather take the chance of a conviction on the full reckless endangerment charge. The prosecutor was cool with that. The defense lawyer realized that if they pushed it with this judge, the driver was likely to get jail time. Instead they cut a deal on the full charge for 6 months probation and a fine. I asked the judge to give him anger management classes as well and the judge ordered it.
During a discussion between the lawyers, for which I was present, it was clear the last thing this driver wanted was to be ordered to take anger management classes.
Cyclist rarely get this good of an outcome, but it does sometimes happen.
There's no case, no infraction for a ticket. All we have is the word of the OP, no witness, no photo. The OP was uncomfortable with the distance the bus was following, but was it only 10 ft, or was that perception or reality?
The bus driver was rude, but the driver will, more than likely, respond that he was as nice as could be, it was that crazy cyclist making the fuss. Law enforcement doesn't often ticket solely on word when there's no evidence of wrong doing. There is nothing for a law suit. Again, the only evidence is the word of the OP. It ain't going anywhere in a court, at least not a rational court. The best route is a letter, not a phone call by itself, to the bus company. There is nothing to take to court, nada, nothing, nada.
For get the law suit, it would be frivolous, Write a polite letter to his supervisors, and cc the local press. That should get his attention. I have had run ins with bike hating bus drivers in the San Diego MTS, and Los Angeles MTA. The MTA is sooo bad that LA actualy has a bus riders union.
I'll agree with this. I've posted it before, but the only time i've ever had problems with traffic has been from LA Metro bus drivers... (well, except that one guy that honked at me a couple days ago when the left lane was completely free) Some of them are courteous, but others, it seems have no love for bikes.
you may not need an LEO to issue the ticket, many states allow citizen citations, there have been several successfully prosecuted citizens citations by cyclists against motorists in Oregon recently; but you'd need to check your local laws.
There's no case, no infraction for a ticket. All we have is the word of the OP, no witness, no photo. The OP was uncomfortable with the distance the bus was following, but was it only 10 ft, or was that perception or reality?
The bus driver was rude, but the driver will, more than likely, respond that he was as nice as could be, it was that crazy cyclist making the fuss. Law enforcement doesn't often ticket solely on word when there's no evidence of wrong doing. There is nothing for a law suit. Again, the only evidence is the word of the OP. It ain't going anywhere in a court, at least not a rational court. The best route is a letter, not a phone call by itself, to the bus company. There is nothing to take to court, nada, nothing, nada.You must either be a defense lawyer or your completely clueless on the law.:rolleyes:
You must either be a defense lawyer or your completely clueless on the law.:rolleyes:
You have no idea whether he's clueless about the law or not - or are you an expert on the exact laws in the jurisdiction in question?
I've got to assume that you think you have expertise based on the experience you posted about your encounter with a bus driver. Surely you don't think that your experience in a different place has anything to do with the laws in OP's city and state?
Also, from your description of your incident and OP's description of his incident, surely you don't think they're similar in severity? Your bus driver (according to you, and evidently believed by the judge) actually forced you into the curb. OP's bus driver merely followed somewhat closely (according to OP, no objective evidence cited) and honked the horn. If (BIG IF) that is exactly what happened, I for the life of me can't see what danger was involved.
Finally, when the OP went out of his way to confront the driver (which I interpret as an aggressive act), the driver engaged in a little give and take, and rather than let the conversation escalate into a shouting (pissing?) match or worse, he did the correct and professional thing and shut the window and did his job. It sounds to me like OP would have liked to have it escalate or felt he could actually convince the driver he was right. Foolish.
Sometimes I think that cyclists are far too sensitive and, dare I say it, prissy little wusses. Maybe it's because the first 10 years of my adult cycling life were spent commuting as part of traffic in Chicago and Minneapolis. I never gave one second thought to acting like a vehicle (in every possible respect) and being treated like a vehicle. I also learned to automatically and 100% ride defensively and never expect any motor vehicle to see me or yield to me. That doesn't bother me at all. Life is full of little irritations and dangers.
Oh, and by the way, I would indeed report the incident, in objective as possible terms, to the bus driver's supervisor and/or company CEO. However, based only on what was written, reasonable people could certainly disagree on the danger involved and who was the aggressor.
Mr. Underbridge
08-07-08, 02:09 PM
You must either be a defense lawyer or your completely clueless on the law.:rolleyes:
No, he's just pragmatic. In general, lawsuits without evidence or witnesses don't go very far.
grayloon
08-07-08, 02:27 PM
You must either be a defense lawyer or your completely clueless on the law.:rolleyes:
Neither, but I do have 40 years experience hassling with companies, LEO's and courts. What part of no evidence do you not understand?
grayloon
08-07-08, 02:30 PM
You have no idea whether he's clueless about the law or not - or are you an expert on the exact laws in the jurisdiction in question?
I've got to assume that you think you have expertise based on the experience you posted about your encounter with a bus driver. Surely you don't think that your experience in a different place has anything to do with the laws in OP's city and state?
Also, from your description of your incident and OP's description of his incident, surely you don't think they're similar in severity? Your bus driver (according to you, and evidently believed by the judge) actually forced you into the curb. OP's bus driver merely followed somewhat closely (according to OP, no objective evidence cited) and honked the horn. If (BIG IF) that is exactly what happened, I for the life of me can't see what danger was involved.
Finally, when the OP went out of his way to confront the driver (which I interpret as an aggressive act), the driver engaged in a little give and take, and rather than let the conversation escalate into a shouting (pissing?) match or worse, he did the correct and professional thing and shut the window and did his job. It sounds to me like OP would have liked to have it escalate or felt he could actually convince the driver he was right. Foolish.
Sometimes I think that cyclists are far too sensitive and, dare I say it, prissy little wusses. Maybe it's because the first 10 years of my adult cycling life were spent commuting as part of traffic in Chicago and Minneapolis. I never gave one second thought to acting like a vehicle (in every possible respect) and being treated like a vehicle. I also learned to automatically and 100% ride defensively and never expect any motor vehicle to see me or yield to me. That doesn't bother me at all. Life is full of little irritations and dangers.
Oh, and by the way, I would indeed report the incident, in objective as possible terms, to the bus driver's supervisor and/or company CEO. However, based only on what was written, reasonable people could certainly disagree on the danger involved and who was the aggressor.
No, he's just pragmatic. In general, lawsuits without evidence or witnesses don't go very far.
:thumb::thumb::thumb::thumb::D
Neither, but I do have 40 years experience hassling with companies, LEO's and courts. What part of no evidence do you not understand?What part of only his word versus mine, in my story, and he was convicted in my story do you not understand?
Your 40 years experience sounds like you were a repeated defendant, since you vaguely eliminate most other options.
No, he's just pragmatic. In general, lawsuits without evidence or witnesses don't go very far.
His claim is more along the lines that they and ticketing NEVER do. And why should the OP not give a police report a try. At least a police report might get the driver a proper talking to, even if it never goes to court. If the driver gets taken to court, as in my case, then gravy; but he claims that NEVER happens.
Sometimes I think that cyclists are far too sensitive and, dare I say it, prissy little wusses. Maybe it's because the first 10 years of my adult cycling life were spent commuting as part of traffic in Chicago and Minneapolis. I never gave one second thought to acting like a vehicle (in every possible respect) and being treated like a vehicle. I also learned to automatically and 100% ride defensively and never expect any motor vehicle to see me or yield to me. That doesn't bother me at all. Life is full of little irritations and dangers.So you willingly give up your rights and then call someone willing to stand for cyclist rights a wuss.
Are you also claiming that many states do not have laws on tailgating? Please name one.
grayloon
08-07-08, 03:06 PM
His claim is more along the lines that they and ticketing NEVER do. And why should the OP not give a police report a try. At least a police report might get the driver a proper talking to, even if it never goes to court. If the driver gets taken to court, as in my case, then gravy; but he claims that NEVER happens.
Thanks for putting words in my mouth. My "claim" was based upon experience and fact. Violations without proof seldom are accepted by law enforcement or prosecutors. I don't know the law where the OP lives, but I doubt that its different than here. Without evidence, there can be no charge. Where's the evidence there was a violation? The word of the OP? What was the violation? The OP felt threatened by the closeness of the bus. How close was the bus following?
The OP says 10 ft, but there are no witnesses. Ther driver says......ft, who's right and how do you determine truth? Did the driver attempt to run the OP off the road? It does not appear to be so. There was no evident violation. Report if you want, but don't expect a charge to be made. Anyone can file a suit, but always remember that the plantiff, if he/she loses may have to pay court and attorney fees. Its not worth the civil lawsuit and the chance that the driver would be charged is next to nothing, Nada. Evidence and witnesses make a case, not he said/she said.
Allister
08-07-08, 03:31 PM
While the driver was not driving as safely as he should, what law did he break?
Illegal sounding of horn. Following too closely.
That said, for such a minor infraction, I think calling the police is a waste of time. If he wants to pursue this, calling his employer is likely to prove a lot more fruitful, if this driver wants to keep his job. The other good thing about that is the driver is likely to indict himself in the deluded belief that he was in the right.
Thanks for putting words in my mouth. My "claim" was based upon experience and fact. Violations without proof seldom are accepted by law enforcement or prosecutors. I don't know the law where the OP lives, but I doubt that its different than here. Without evidence, there can be no charge. Where's the evidence there was a violation? The word of the OP? What was the violation? The OP felt threatened by the closeness of the bus. How close was the bus following? ...The OP is a witness and his testimony is evidence. It is up to the judge/jury as to who they find credible.
As you say, the laws of our states are likely similar. Check your laws, I bet you can find tailgating, reckless endangerment and harassment in them, probably something about improper use of a horn as well. Have you even tried educating yourself on the details of the laws in your state. I have, in every state that I have lived, both for cycling and for motorist. I am retired military, so I have lived and cycled in many states.
daibutsu
08-07-08, 04:14 PM
Certainly things are different in an urban environment: More passengers, stop lights, witnesses, etc. That sort of thing has happened to me, I just caught up with the miscreant, passed him on his left and swung my water bottle into his mirror, moving it. The mirrors move easy as they have to accomodate lots of other drivers. The beauty part is the guy has to stop to readjust the mirror, pissing off the passengers, some of whom might have seen the initial incident.
I believe the only solution to poor behavior is to immediately deal with it. If they "break" the rules then you don't need to honor the rules either.
A lot of you milquetoasts will certainly ring in on this: I do especially enjoy the "get the cops" crowd.
So you willingly give up your rights and then call someone willing to stand for cyclist rights a wuss.
Are you also claiming that many states do not have laws on tailgating? Please name one.
In case you missed it, I said I have many, many years experience using my bicycle as a transportation vehicle on city streets. Still do. Never give a moment's thought to whether I have the right to use a public roadway: I do have the right and I exercise it all the time. In my life, I've flipped off many jerk drivers, I've yelled, I've scowled, etc. In my advancing years, I definitely ignore much more than I used to. I don't whine about common traffic conditions, and my interpretation (again, just mine, but indicating that reasonable people can differ on this one) is that a little close following and a horn honk is just an irritating part of normal vehicular cycling, live with it, but make sure you protect yourself with defensive riding.
My point is that what I read in the OPs message (of course just my interpretation) is that it was just an irritation of city traffic. Tailgating and horn honking are done all the time in cities, sometimes by dangerous jerks, sometimes just as part of city driving. Frankly, I doubt if many cops would consider close following at 20 mph to be dangerous tailgating or reckless endangerment. Maybe so, maybe not.
A single horn honk is irritating but not a crime. It can actually be used as a warning - although some cyclists don't like it, it's fairly common to use. It is also a common sound of irritation. I think people who do that are jerks, but like it or not, it's common and I can't see it being a crime.
I have no problem with OP reporting it to the driver's company or even filing a police report. More power to him. I just wouldn't expect anything to come of the police report. I might expect a response from the bus company assuring OP that drivers are getting education and information on the rules of the road vis a vis bicyclists. That, to me would be all I would look for.
Filing a lawsuit - in my opinion - would just be a whiney, frivolous waste of time.
grayloon
08-07-08, 07:17 PM
The OP is a witness and his testimony is evidence. It is up to the judge/jury as to who they find credible.
As you say, the laws of our states are likely similar. Check your laws, I bet you can find tailgating, reckless endangerment and harassment in them, probably something about improper use of a horn as well. Have you even tried educating yourself on the details of the laws in your state. I have, in every state that I have lived, both for cycling and for motorist. I am retired military, so I have lived and cycled in many states.
I'm pretty well-educated, both academically and in laws governing driving. It remains a he said/she said case and nothing more. Its not a matter of credibility, its a matter of fact. There are none to support the claim of the OP. This case isn't going to go past a complaint to the bus company, something I heartily support. Riding a bike in traffic is irksome, many drivers are louts. But, there was absolutely no provable violation in this case. Following too closely tends to be a violation used when someone hits another from the rear. That is the most likely charge from what the OP posted. There was no reckless endangerment that could be proven by the OP's post. Horn blowing is not a violation most places and certainly not one a violation would be written for when the officer did not hear the horn blow. He said, she said, he said, she said...lot of noise, no proof. No evidence. Nada, nothing Nada, nothing.
i filed complaint on NJ TRANSIT bus driver, got bus # and stopped at terminal. there they had no idea how to respond. i went home, cotacted local police who stated they could not do anything "no one hurt"
i called NJ TRANSIT in north nj, explained situation, location, time, and bus number.
they took this info down, were thankfull (in case this was repeat offender). they called back about 1 and1/2 month later, asked if behavior had repeated, and that the driver had been informed.
therer seemed to be an increase in road sharing after this!
grayloon
08-07-08, 07:48 PM
i filed complaint on NJ TRANSIT bus driver, got bus # and stopped at terminal. there they had no idea how to respond. i went home, cotacted local police who stated they could not do anything "no one hurt"
i called NJ TRANSIT in north nj, explained situation, location, time, and bus number.
they took this info down, were thankfull (in case this was repeat offender). they called back about 1 and1/2 month later, asked if behavior had repeated, and that the driver had been informed.
therer seemed to be an increase in road sharing after this!
You received exactly the response one can expect from law enforcement, no harm, no foul. The report to the transit authority is the one that will facilitate a change if the authority is open to such complaints. Good on you for following up. Good on the authority for acting on the complaint in a positive manner.:thumb:
I'm pretty well-educated, both academically and in laws governing driving. It remains a he said/she said case and nothing more. Its not a matter of credibility, its a matter of fact. There are none to support the claim of the OP. This case isn't going to go past a complaint to the bus company, something I heartily support. Riding a bike in traffic is irksome, many drivers are louts. But, there was absolutely no provable violation in this case. Following too closely tends to be a violation used when someone hits another from the rear. That is the most likely charge from what the OP posted. There was no reckless endangerment that could be proven by the OP's post. Horn blowing is not a violation most places and certainly not one a violation would be written for when the officer did not hear the horn blow. He said, she said, he said, she said...lot of noise, no proof. No evidence. Nada, nothing Nada, nothing.
Mine was a he said/she said case and nothing more. Yet the driver got a conviction, 6 month probation, fine and anger management. How do you explain that, when your position seems to be that it cannot happen?
Allister
08-07-08, 08:21 PM
Mine was a he said/she said case and nothing more. Yet the driver got a conviction, 6 month probation, fine and anger management. How do you explain that, when your position seems to be that it cannot happen?
Your case was clearly a much more hazardous situation, so I can understand why it'd be treated more seriously by the authorites. Honking and following too closely isn't exaclty on the same scale as deliberately running someone off the road, twice. Even then, I think your case is the exception more than the rule - your persistence was assisted by more than a little luck.
Many bus and truck companies don't care that much about how their driver treat other road users and reporting sure drivers to such companies accomplishes nothing. That is why it is important to report incidents to bothe the company and file the report with the police.
Really sad to see that so many here will not take the extra step to help make the roads safer. Yes they have the extensive riding experience and have no problem getting by. No consideration for the brand new riders that will quite the first time something like this happens.
grayloon
08-07-08, 08:23 PM
Mine was a he said/she said case and nothing more. Yet the driver got a conviction, 6 month probation, fine and anger management. How do you explain that, when your position seems to be that it cannot happen?
There are exceptions to every rule. But, following closely isn't the same as being squeezed to the curb. Without information as to how your case was presented, its difficult to say why your case was accepted, but it IS an exception, not the rule, especially when you read the other situations detailed here. Maybe the driver and/or his attorney were incompetent. Other factors may have been in play. Sorry, but you have not presented many details. There is nothing in the OP's story that anything that could remotely be considered a violation occurred.
Allister
08-07-08, 08:33 PM
Many bus and truck companies don't care that much about how their driver treat other road users and reporting sure drivers to such companies accomplishes nothing.
That's when you go further up in the heirarchy. Eventually you'll find someone that cares about their company's reputation.
That is why it is important to report incidents to bothe the company and file the report with the police.
Really sad to see that so many here will not take the extra step to help make the roads safer. Yes they have the extensive riding experience and have no problem getting by. No consideration for the brand new riders that will quite the first time something like this happens.
I don't consider honking and following closely to be particularly dangerous, just arrogant and stupid. YMMV. It's better to pick the battles you're most likely to win, and badgering the police over this bus driver isn't one of them.
I have reported a driver to the police once, for something much worse than the OP experienced. End result; nothing. I think it's equally important for new riders to figure out that the police really don't give a sh*t about cyclists, and for most motorist 'infractions' when ulitmately no harm is done, it's better to just harden the f*ck up and get over it. They're gonna have to learn it sooner or later.
Your case was clearly a much more hazardous situation, so I can understand why it'd be treated more seriously by the authorites. Honking and following too closely isn't exaclty on the same scale as deliberately running someone off the road, twice. Even then, I think your case is the exception more than the rule - your persistence was assisted by more than a little luck.True, but if you do not try, then you are guaranteed that nothing beneficial will come of it. Even if the police are unwilling to take any further action, filing a police report may help the next cyclist that the driver pulls the stunt on; except the driver screws up and sends the cyclist to the hospital. Patterns of conduct are major issues in civil court.
Colorado has an on-line reporting system cyclist can use for exactly this type of issue. Get 2 or 3 reports and the vehicle owner get a serious warning about the driver(s) behavior using their vehicle from the State Police. More reports and I understand the State Police begin a full investigation.
I also reported a driver that tailgated me and sounded their horn and what I thought was a CB sound system that sounded like a siren. Turns out the driver was a cop in an unmarked SUV, and the cop was not authorized to use the siren. Internal affairs solved that problem. Never would have happened if I just blew off making a police report about the incident.
grayloon
08-07-08, 08:58 PM
Did you read Greyhound's post about the sheriff deputy who harassed him? That's more typical of what one may expect for police. As I've said previously, report if you will, but expect no results.
ATAC49er
08-07-08, 08:59 PM
First problem the OP has (and I share it) is that he is cycling in Indiana! I've not had a lot of courtesy shown me from drivers of anything bigger than a moped.
Interesting about the off-duty cop...I had almost the same thing happen three years ago, in December '05. Going home from work, in the evening, an SUV passed me with the window down (remember, Dec. in IN, in the evening), and I heard a male voice holler, "Sidewalk!" The sidewalk was 2 feet deep in plowed snow, the street was clear.
When I pulled up behind the SUV at the next light, I hollered back, "Same right to the road as you!" I heard, "Sidewalk!" again as he pulled away from the green.
Next intersection, I repeated, with a little 'salt', my statement. I clearly heard the guy say, "You must want to go to jail, talking to me like that!"
F.O.P. sticker on his plate. He got reported, for all the good it did...his word against mine. But the PD did respond to me in a letter.
F.O.P. sticker on his plate. He got reported, for all the good it did...his word against mine. But the PD did respond to me in a letter.I bet the cops boss did not like having to write that letter. Bet the cop at least got a talking to about causing his boss extra work. So even if not apparent, some good did come from your reporting the incident.
Mine was a he said/she said case and nothing more. Yet the driver got a conviction, 6 month probation, fine and anger management. How do you explain that, when your position seems to be that it cannot happen?
So there was absolutely no evidence presented except your testimony? No scratched bike, no bumps and bruises, no previous record of violations or complaints against the driver... nothing? If so, congratulations and good job. I'm serious here - it's great to take a bad driver to task for stuff like this. My only point is that I just don't get the severity out of OP's description.
grayloon
08-07-08, 10:51 PM
ATAC, was that letter a form letter? Back when I worked for cities and counties, most of the public contact departments, and especially the police departments, had nice little form letters stating your complaint was received and is being looked into or words to the effect.
So there was absolutely no evidence presented except your testimony? No scratched bike, no bumps and bruises, no previous record of violations or complaints against the driver... nothing? If so, congratulations and good job. I'm serious here - it's great to take a bad driver to task for stuff like this. My only point is that I just don't get the severity out of OP's description.As my post stated, he ended up with a hanging judge with no chance of another continuance (sort of painted himself into a corner). Rather than risk jail time with the hanging judge, the driver agreed to a plea on the full charge of reckless endangerment.
Side note - the guy was a truck driver and not a bus driver as assumed by a previous poster.
I did not originally know he was a professional truck driver as he was driving an unmarked Ford 350 with a diesel fuel tank in the bed (for fueling heavy equipment at work sites). Only found that information out when I got a copy of the police report. As karma goes, a couple years later I found out that reporting the driver to the company owner/president would have done no good, since he is also a criminal. As part of my work, I was doing an EPA Environmental Site Assessment on a farm. This work required me to check the adjacent properties. One property was owned by the trucking company owner/president. I realized the property was being used as an illegal dump site. The guy had a contract with the Navy to haul away huge amounts demolition debris from an entire family housing area (probably 400 housing units) to the land fill and he was getting dumping fees to pay the landfill. Instead he used his illegal dump and pocketed the dumping fees. My reporting the dump site got the ball rolling on the investigation of his illegal activity.
I admit that most police reports make little or no headway, but the ones that do, end up benefitting cyclist. My success rate is probably 25 % (some only get a good talking to from the cops, I’m OK with that, but 2 have ended with a conviction on the driver). The key is to get a good look at the driver, so you can pick them out in a photo ID, take the time to write a complete clear police report that also states that you want to prosecute the driver and are willing to testify, and if possible - I have the police visit me at work when I am in professional office work clothes rather than on the road in cycling clothes.
As to the Honolulu city buses, they are managed for the city by a contracted management company and for the most part have been very good around cyclist; but there have been a couple of significant periods of problems with several drivers. Reporting an incident to their customer service is the same as talking to a fire wall - goes nowhere. After one episode of repeated problems with bus drivers, I got determined and tracked down the private phone # to their safety manager. She was stupid, I understood her job and bus history better than she did (I did a military tour as a high risk safety manager, plus in charge of a small military police unit as a collateral duty for a time, including traffic investigations). Talking to her went nowhere as well, but the conversation ended with warning her “that sooner or later, a route 62 bus will seriously injure or kill a motorist, pedestrian or cyclist”. The next day a route 62 driver ran over the legs of a customer running along side the bus trying to catch the bus. I e-mailed the bus management demanding they pass my name and contact information to the injured ladies lawyers as part of discovery. That caught the attention of the management companies lawyers, Senior VP/Head of Operations and the city mayor. Funny how that got me a special meeting with the Senior VP/Head of Operations, the Head of Bus Training and the Head of Bus Scheduling. Now, if I have a problem with a city bus, a call directly to the Senior VP/Head of Operations which gets prompt action.
Professional truck drivers got slammed through their union from the insurance companies threatening to pull out of Hawaii in 1998 if they did not clean up their behavior. Since then, almost all the truck driver have been angels towards cyclist. One exception is a small, none union company that delivers tourist baggage from the airport to hotels. My little court case had nothing to do with it, but a small damage claim against another trucking company may have. No need to call the police for that one, since people in my office knew that company president and we have used them as sub-contractors.
Cyclist standing up for themselves here has made Honolulu a safer place to cycle. We are still working on cabbies and tourist busses though.
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