Fifty Plus (50+) - Yet Another Road Rage Incident (with Consequences)

Bikeforums.net is a forum about nothing but bikes. Our community can help you find information about hard-to-find and localized information like bicycle tours, specialties like where in your area to have your recumbent bike serviced, or what are the best bicycle tires and seats for the activities you use your bike for.
This did not happen to me, but to the husband of a close friend.
I was driving to work Friday night, and as I pulled up to a stop light, I noticed two police cars on the left shoulder, along with another car. When the light changed, I made a left turn, and glanced back towards the police cars. That's when I saw a cyclist talking to two police officers and a young woman. I realized right then I knew the cyclist!
I asked him about it yesterday. He commutes to work on his bicycle, 20 miles each way. He was headed homeward Friday night and was on a stretch of road (not far from where he was stopped) that has a very narrow shoulder with a curb. The curb is tarmac, so it's hard to see, and his choice is to ride to the left of the white line until he's past that section. A motorist behind him took umbrage to him "being in the road" and when this guy passed him he slowed down and berated the cyclist for being in the road, telling him he didn't belong in the road. My friend responded (he said "calmly") that he did indeed belong in the road, and he thought that was that, because the motorist sped off.
A few hundred yards further he got to the stop light where I saw him, and made a right turn. There stood the motorist, out of his car, waiting for him. So, he stopped, and the guy came over to him, but before he could clip out completely, the idiot shoved him and knocked him over. He twisted his right knee in the fall. The motorist (I could have used stronger language) got back in his car and left, but my friend managed to get the license number - as did the young woman who witnessed the whole incident and stopped to help him.
Long story longer, the motorist surrendered to the PD yesterday, and the DA is going to get the case this week. My friend said he just wants the "system to do what it will", he will press charges, but nothing further. He said, simply "somebody lays hands on you, and it's assault...he needs to understand that, as well as understand California Vehicle Code".
He's going to get his chance, isn't he?
CbadRider
08-15-11, 09:04 AM
Hopefully the DA will see it as a serious case and proceed with it. In cases like this I'd love to see the driver lose his license for 6 months so he's forced to ride a bike and get a taste of his own medicine.
Two observations:
*Road Rage may be 'spontaneous', but it usually doesn't lead to an ambush further down the road!
*Someone putting their hands on you moves beyond assault to battery.
I'm pleased that there was a witness!
It wouldn't be surprising if the motorist has a record/history of other "anger management" issues.
Kudos to the rider for pressing charges. Often it isn't about getting our 'pound of flesh', but helping to deter the aggressor from further acts against others. Amazing how having a paper trail in the legal system can help some folks think twice.
Please keep us posted on the outcome.
BlazingPedals
08-15-11, 09:27 AM
Yes, a lot of people misunderstand assault and battery. Assault is the threat of violence. Battery is the act. They usually go together because just winding up for a punch can be considered the threat of getting punched.
Make sure he send a thank you note to the witness.
Lets hope the DA follows through with the criminal charges. You friend should also look into a civil complaint.
Hopefully the DA will see it as a serious case and proceed with it. In cases like this I'd love to see the driver lose his license for 6 months so he's forced to ride a bike and get a taste of his own medicine.
Unfortunately, losing a license doesn't always equate to not driving. Some continue to drive, just illegally.
Hopefully the DA will see it as a serious case and proceed with it. In cases like this I'd love to see the driver lose his license for 6 months so he's forced to ride a bike and get a taste of his own medicine.
I don't want those people using the public roads on any vehicle, ever.
bigbadwullf
08-15-11, 10:03 AM
I'm just glad the DA is taking this serious. I'm not one to think cyclists own the road or should make waves about that, but assault is something no one should put up with. I'd say the same if it were the cyclist that did the same, citing they have as much rite to the road as anyone else and assaulting someone.
Just glad there is a witness!!
on the path
08-15-11, 10:09 AM
Kudos to the rider for pressing charges.
Agreed. But even if the rider didn't press charges, law enforcement would have to if it was believed a crime was committed and they had a suspect. Am I missing something?
ItsJustAHill
08-15-11, 10:52 AM
Agreed. But even if the rider didn't press charges, law enforcement would have to if it was believed a crime was committed and they had a suspect. Am I missing something?
Um...how are you going to prosecute when the victim has no interest? There was a case in our city where a man was stabbed following an altercation. He then walked 1/4 mile to a convenience store and collapsed, where someone called 911. When interviewed after surgery, he admitted to provoking the incident and declined prosecution. No arrests were made.
on the path
08-15-11, 11:03 AM
Um...how are you going to prosecute when the victim has no interest?
The same way you prosecute for a crime when there is no victim at all. People are prosecuted every day for victim-less crimes.
Maybe there's a criminal defense attorney out there that can straighten us both out...
ItsJustAHill
08-15-11, 11:14 AM
The same way you prosecute for a crime when there is no victim at all. People are prosecuted every day for victim-less crimes.
Maybe there's a criminal defense attorney out there that can straighten us both out...
More like a prosecutor/ADA. You don't just cite and release someone for assault. If the victim isn't interested in pressing charges, the DA's office isn't going to file.
volosong
08-15-11, 12:06 PM
I hope your friend's husband's knee heals well. Please let us know the outcome.
Letting the "system to do what it will" is not good enough. Too often, DAs drop cases like these. Your friend's husband needs to be proactive and stay on top of this...otherwise that "motorist" will probably walk free from any consequences.
Jan wants to press charges, absolutely. I'll let you all know how it turns out. And, his knee is fine. He had one bad night, then some discomfort, and then yesterday he rode 40 miles with no issues. Whew!
Don in Austin
08-15-11, 12:12 PM
Jan wants to press charges, absolutely. I'll let you all know how it turns out. And, his knee is fine. He had one bad night, then some discomfort, and then yesterday he rode 40 miles with no issues. Whew!
And he should sue for pain and suffering re' his hurt knee as well.
Don in Austin
I hope I never have to deal with one of these crazies, but if I do I hope they have the courage to get out of their vehicle to try and assault me like this guy did (would be nice if they let me unclip though). The ones who want to assault me while still inside their 2000lb vehicles are the ones I fear most. Those guys are straight up cowards.
Giacomo 1
08-15-11, 01:47 PM
Most motorists have no idea how difficult it is to be a cyclist and they usually glare at us with that "get out of my way" or "what the heck are you doing" look. I know since coming back to cycling and dealing with traffic for the first time in 25 years, I've gotten my share of those looks. I'm grateful all I got was looks and it didn't escalate, but who knows, you come across the wrong guy in the wrong mood and well...
At least the guy turned himself in. A stupid moment of rage can change your life...
Most motorists have no idea how difficult it is to be a cyclist and they usually glare at us with that "get out of my way" or "what the heck are you doing" look. I know since coming back to cycling and dealing with traffic for the first time in 25 years, I've gotten my share of those looks. I'm grateful all I got was looks and it didn't escalate, but who knows, you come across the wrong guy in the wrong mood and well...
+1
Cycling is challenging enough without having to deal with vehicles. If people only knew and learned to be more compassionate drivers.
Hopefully this turns out well for the cyclist involved and the knee recovers quickly.
I've found that there are idiots out there - men - who, while driving in a fit of rage think nothing of venting their wrath towards a woman cyclist, either. I've been the object of such vents. Hey, I'm little, but I can get quite feisty - and that's sure to get me in trouble one day...
Jan wants to press charges, absolutely. I'll let you all know how it turns out. And, his knee is fine. He had one bad night, then some discomfort, and then yesterday he rode 40 miles with no issues. Whew!
Another man named Jan! Now I am really worked up at that motorist!
If he has any more issues with his knee, he needs to be sure the other guy is responsible for potential healthcare bills.
Banded Krait
08-15-11, 05:25 PM
I hope the asshat driver gets the book thrown at him. This month marks the one year anniversery of my learning about, and frequenting, Bike Forums. To be quite frank, I am astounded by the number of alleged adults who think it is OK to assault cyclists, either manually with their fists or with their vehicles. I have been thinking about how to address this. How about amending the vehicular assault statues such that the motorist must forfeit his vehicle if found guilty (on top of the existing punishment). This would also help in those cases where an assault took place, but the police cannot pinpoint who was driving the vehicle at the time.
Wreader
08-15-11, 05:28 PM
I would have that knee looked at ASAP; whether it feels good or not. If there is a meniscus tear, he might not have symptoms for weeks. If there is a criminal suit already in place, it will make it a lot easier to go after him civilly. The yelling is rude and threatening, but it is as someone said, spur of the moment. Waiting for the biker and ambushing him without provocation is pretty serious. I wonder what that guy's wife goes through in a day. Those kind of guys are scary and need to be stopped. I know I lived with one for 17 years.
Giacomo 1
08-15-11, 05:44 PM
I've been the object of such vents. Hey, I'm little, but I can get quite feisty - and that's sure to get me in trouble one day...
Got to keep it cool these days. Life these days is cheaper than ever. Back in the day you had a simple road argument and moved on. Now it can lead to disastrous results very quickly.
I know it's hard, I see red when somebody flips me that special finger, but you absolutely have to walk away. The consequences for both parties is not at all worth it....
.... I wonder what that guy's wife goes through in a day. Those kind of guys are scary and need to be stopped. I know I lived with one for 17 years.
Oh, no...I'm sorry, Wreader! That's over, I take it?
Jan's wife, Cath, will give him hell if he doesn't take care of himself! He's a former marathoner, sub seven minute miler in such distances, and a great cyclist. He's very astute when it comes to fitness and taking of himself (he's 65 and looks 40 - seriously!). Cath is very fit herself, in fact she's one of those who gets faster the steeper the climb! I'll pass the wishes on to the both of them, and I'm quite sure that Jan will do what needs to be done with this knuckle dragging motorist.
Got to keep it cool these days. Life these days is cheaper than ever. Back in the day you had a simple road argument and moved on. Now it can lead to disastrous results very quickly.
I know it's hard, I see red when somebody flips me that special finger, but you absolutely have to walk away. The consequences for both parties is not at all worth it....
You're absolutely right. Heat of the moment and all that, and it's true that cooler heads prevail (unless I'm carrying a nuke in my seat wedge!).
Seriously - you do just have to walk away. 99% of the time I think most people do.
xizangstan
08-15-11, 08:42 PM
There's a reason some people choose to be prepared to defend themselves. California's not good, but states like Arizona and many others allow concealed carry and give people alone a fighting chance for survival. Criminals prefer unarmed victims.
I hope the DA where you live is better than the Alameda County DA was when a similar incident happened to my husband several decades ago. A motorist was upset with him for taking the lane in downtown Hayward (six lanes, all stop-and-go). As the roadway widened and the parked cars disappeared, he moved to the right to facilitate passing. A motorist chose to swerve over and nearly hit him. Then, at the next red light, the motorist got out and attempted to attack him. My husband blocked a few of the attempted blows and then just hung the fellow upside down (6'2", 185 lbs of martial artist vs 5'7" 140 lbs of moron). Had the attacker attempted to continue he would have had experienced a high-g encounter between the pavement and his head. When my husband let him go, the motorist got back into his Pinto and sped off. In spite of several witnesses who were willing to testify, all of whom positively IDed the attacker, the DA did not feel it would serve the public interest to prosecute. We still wonder if the world would have been better served if he would have given the little hot-head his just-desserts, but then we would have had to live with it.
bruce19
08-16-11, 02:31 AM
Hopefully the DA will see it as a serious case and proceed with it. In cases like this I'd love to see the driver lose his license for 6 months so he's forced to ride a bike and get a taste of his own medicine.
I'd like to see the driver "sentenced" to riding a bicycle to work and home every day.
mulveyr
08-16-11, 09:12 PM
Make sure he send a thank you note to the witness.
Ummm... no. In a potential criminal or civil prosecution, the plaintiff should NOT be contacting any witnesses. Not until after everything is concluded, at the very least.
Just had one today--impatient drivers are too common--I wish drivers would understand how vulnerable cyclists are and give us space.
It is true that I should not respond to these ignorant low lifers and shrug them off--on the other hand one cannot ignore them--they are very dangerous!
I have added a bright front and rear flashing lights, yes it looks dorky on a real nice road bike (Serotta) it does help at times but obviously not always and certainly will not help in case of an accident--but I like to think it makes drivers notice me a little more--besides in Paris if you rent one those commuters bike (velib) a permanent white light is in the front.
Stay safe and wish a speedy recovery.
duceditor
08-17-11, 09:17 AM
Stories like this are troubling indeed. Yet they do happen and it is good to decide in advance how one will deal with an overwrought person.
I, too, am licensed to carry. But if I ever had to draw my firearm I would view it as either a signal failure on my part or have to recognize that I was dealing with a truly deranged person.
Teddy Roosevelt put it succinctly: "Speak softly but carry a big stick."
Speaking softly doesn't just mean to keep the volume down. It means to speak calming words.
In many cases the most calming words are words of apology. They needn't be insincere. "I'm sorry I angered you, I didn't mean too. I'll have to be more careful in the future. Sorry!"
Even if the guy is a total jerk I would be sorry I angered him. And I would (I hope) be more "careful" not too next time.
But if push comes to life-threatening 'shrug' I'd deal with the person so I am the one left standing. Better both, but if only one...
-don
Old Hammer Boy
08-17-11, 04:32 PM
When I'm "challenged" by a motorist, I totally ignore them. That probably bugs them more than responding. It wasn't easy at first, but after you do this a few times, it becomes easier. My suggestion to you all is to just put your head down and ride on; that is, of course if you escape unscathed.
trackhub
08-17-11, 06:41 PM
Unfortunately, losing a license doesn't always equate to not driving. Some continue to drive, just illegally.
Here in MA, people whose licenses have been suspended or revoked, and continue to drive, is a very serious problem. When they are caught, there is an arrest and a trip to the station, but if there are no outstanding warrants, they are released on their recognizance. The fine is a hundred bucks, whether it is the first time, or fiftieth.
That aside, I find it interesting that this particular JAM actually turned himself in. I wonder what brought that about?
Here's an update to this, directly from the rider who was assaulted:
Some of you asked to hear the outcome of my run-in with the car driver on Canyon
Del Rey he plead guilty and was sentenced to 3 years probation, no contact with
me and 10 years of no gun ownership, I'm totally alright with the outcome case
closed.
I'm glad to see justice was served! I would have insisted that hot-head take anger management and do community service - educating other drivers on the rules of the road.
Jan
Thanks for the update. Yes, it looks as if justice was served.
az_cyclist
11-23-11, 04:11 PM
Glad to hear your friend's husband is ok. Just a week or so ago there was a road rage incident in north Scottsdale, where one driver shot and killed another. There was a verbal exchange, then both pulled into parking lot. Without getting into details, the shooter was arrested, and, it was found he had 2 or 3 prior road rage incidents (which he may have caused).
I know I have been t'd off many times by drivers, but, I dont say anything if we happen to be at the next stop light at the same time, nor do I signal that they are #1 in my book. You just never know if it is someone who has a gun.
bruce19
11-23-11, 04:53 PM
Um...how are you going to prosecute when the victim has no interest? There was a case in our city where a man was stabbed following an altercation. He then walked 1/4 mile to a convenience store and collapsed, where someone called 911. When interviewed after surgery, he admitted to provoking the incident and declined prosecution. No arrests were made.
I'm not sure what that was all about but it's my understanding that a prosecution can take place in the interest of the State...especially when it involves violence.
bruce19
11-23-11, 04:57 PM
There's a reason some people choose to be prepared to defend themselves. California's not good, but states like Arizona and many others allow concealed carry and give people alone a fighting chance for survival. Criminals prefer unarmed victims.
It is my understanding that here in CT anyone over the age of 60 is presumed to be at such a disadvantage when attacked by a younger person that the use of a lethal weapon in defense is (searching for a proper word here) more "acceptable" than if you were younger.
I've found that there are idiots out there - men - who, while driving in a fit of rage think nothing of venting their wrath towards a woman cyclist, either. I've been the object of such vents. Hey, I'm little, but I can get quite feisty - and that's sure to get me in trouble one day...
It is so sad to read incidents like that, but ignorant, intolerant and overly aggressive drivers come in all shape and sex!
And they are everywhere, I have had my share so unfortunately like most of us had at one point or another!
Behind the steering wheel for some reason personality changes--or is it the true personality that comes true?
There's a reason some people choose to be prepared to defend themselves. California's not good, but states like Arizona and many others allow concealed carry and give people alone a fighting chance for survival. Criminals prefer unarmed victims.
Sorry but cycling and guns don't go together because cycling is so peaceful! Particularly the after effect (endorphins and the well being)
doctor j
11-23-11, 06:55 PM
sarals, glad to hear the guy got what was coming to him. Thanks for the follow-up.
DnvrFox
11-23-11, 06:58 PM
There's a reason some people choose to be prepared to defend themselves. California's not good, but states like Arizona and many others allow concealed carry and give people alone a fighting chance for survival. Criminals prefer unarmed victims.
Sorry but cycling and guns don't go together because cycling is so peaceful! Particularly the after effect (endorphins and the well being)
:popcorn
david58
11-23-11, 07:18 PM
:popcorn
I refuse to respond. :twitchy:I refuse to respond. :twitchy:I.refuse.to.respond:twitchy:.........................
:lol:
bruce19
11-24-11, 06:30 AM
Sorry but cycling and guns don't go together because cycling is so peaceful! Particularly the after effect (endorphins and the well being)
Neither does hiking in the woods and serial killers but it happens. IMO that is the problem. Obviously it's an individual choice.
missjean
11-24-11, 07:11 AM
I glad to hear that this story ended with justice for the bike rider. So many bike/car driver stories end with the driver getting away scot free.
Here's an update to this, directly from the rider who was assaulted:
Some of you asked to hear the outcome of my run-in with the car driver on Canyon
Del Rey he plead guilty and was sentenced to 3 years probation, no contact with
me and 10 years of no gun ownership, I'm totally alright with the outcome case
closed.
I'm glad to see justice was served! I would have insisted that hot-head take anger management and do community service - educating other drivers on the rules of the road.
Jan
The most important part of the post, IMHO.
Bikey Mikey
11-24-11, 08:12 AM
Just got back to the forums after a major trip. Glad to read the outcome and hope the knee does well.
xizangstan
11-24-11, 08:13 AM
Sorry but cycling and guns don't go together because cycling is so peaceful! Particularly the after effect (endorphins and the well being)
I agree. And to me, the comfort that comes along with knowing I'm safe and 'insured' against certain types of harm is soooooo peaceful!
Gravity Aided
11-25-11, 05:21 AM
It's good to see the driver recieved some negative reaction from the justice system. Anyone who gets out of a car and assaults someone over a road rage incident probably has a need for some sort of supervision and definitely no contact with firearms. Temper, temper.
trackhub
11-25-11, 08:11 AM
The defense of "I just got caught up in the heat of the moment" is not going to fly for this jackarse motorist. He pre-mediated his actions. He stopped, exited his vehicle, and waited for the cyclist. I feel this should cost him his license for a long, long time besides the criminal charges of assault and battery. But, that is only what I think. Be interesting to see what the legal system does with this.
Powered by vBulletin® Version 4.1.12 Copyright © 2013 vBulletin Solutions, Inc. All rights reserved.