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Singlespeed & Fixed Gear "I still feel that variable gears are only for people over forty-five. Isn't it better to triumph by the strength of your muscles than by the artifice of a derailer? We are getting soft...As for me, give me a fixed gear!"-- Henri Desgrange (31 January 1865 - 16 August 1940)

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Old 02-23-17, 05:55 PM   #1
liverunbike
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Assaulted by pedestrian!

I was riding today down Foothill ave in Oakland, man carrying child steps out into street without looking, I slow down and swerve towards curb to avoid, he sees me, drops the kid in the street, and jumps toward and swings on me, knocking me into a parked car.

Everything would have been totally fine had he not purposefully changed direction to attack me. We had approximately a lane's width of separation before he came at me. I was not going fast because it was the end of a ride.

Anybody else deal with that level of weirdness? And bloody nose?

While I was brakeless, this happened so fast that I don't think brakes would have changed anything. If anything, had I come to a complete stop, he would have been able to get a couple more swings in.

Just a little freaked out about what kind of mindset goes into that.
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Old 02-23-17, 07:05 PM   #2
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sounds like he felt threatened & protective & acted impulsively without self control
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Old 02-23-17, 07:28 PM   #3
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Did you guys talk about it at all, even if in screams? What he did was probably wrong (I say probably given we have only heard your side). He might have been shocked, and reacted like the person above noted. It might be you did nothing wrong and the person is mentally ill. You might be best off thinking about it for another day and then just letting it all go.
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Old 02-23-17, 07:49 PM   #4
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swings on me
I don't know what happened for sure but taking your word for it then that's assault.

Here in the south that'll get you shot.
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Old 02-23-17, 08:07 PM   #5
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I had my rear wheel hit with a tire iron by some nut job, that was about the craziest though. No idea why the guy ended up swinging the iron at my wheel instead of the aluminum frame (735tr) I was riding at the time. It literally would have pretzel'd it, but all he did was break 2 spokes.
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Old 02-24-17, 07:32 AM   #6
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If the incident happened as you claimed, then your assailant is totally in the wrong. Full stop.

However, given the way a lot of folks ride and the kind of reckless riding that gets glorified in online videos and forums (not really this forum, thankfully), I am sympathetic to the frustrations many people feel against cyclists. Hell, I feel them too. I think we all owe it to ourselves, to each other, and to the wider community to ride responsibly and to encourage responsible riding among our peers. Ride safe, everyone.
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Old 02-24-17, 07:41 AM   #7
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I don't know what happened for sure but taking your word for it then that's assault.

Here in the south that'll get you shot.
Random factoid: In most US jurisdictions, the legal meaning of assault is much different from the colloquial meaning and refers to something along the lines of threatening imminent bodily harm, while battery refers to actually causing it. Hence "assault and battery" is not redundant but properly refers to two related but separate parts of the act.
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Old 02-24-17, 07:53 AM   #8
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Random factoid: In most US jurisdictions, the legal meaning of assault is much different from the colloquial meaning and refers to something along the lines of threatening imminent bodily harm, while battery refers to actually causing it. Hence "assault and battery" is not redundant but properly refers to two related but separate parts of the act.
So, if I point a realistic looking toy gun at you, is that legally considered to be assault ?
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Old 02-24-17, 08:02 AM   #9
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Depending on the jurisdiction it could be, if it creates a reasonable apprehension of harm in the victim.
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Old 02-24-17, 11:17 AM   #10
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toy gunN

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So, if I point a realistic looking toy gun at you, is that legally considered to be assault ?
>>> YES that is an assault ... if the "victim" perceives he is in danger >>> (1) he can shoot you in self defense (2) attack you with a bat tire iron etc (3) run for it in which case YOU could be liable for any harm caused to the "victim" or by the "victim" ... realistic toy weapons are as dangerous as real weapons
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Old 02-24-17, 12:56 PM   #11
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I wasn't there so can't make a judgment, (don't know you well enough to take you word alone) I will tell you this I have seen several cyclist run through groups close enough to children and or elderly that I would have taken then off a bike if it were my grandkids or parents. Personally if there are small kids I slow to a crawl going around or stop and left them get were they are going if crossing
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Old 02-24-17, 06:14 PM   #12
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I wasn't there so can't make a judgment, (don't know you well enough to take you word alone) I will tell you this I have seen several cyclist run through groups close enough to children and or elderly that I would have taken then off a bike if it were my grandkids or parents. Personally if there are small kids I slow to a crawl going around or stop and left them get were they are going if crossing
I typed the this ^^^^^^^^^^^^^^^^^ quickly at work . Most men , even the most calm peaceable men I know will break or kill you with out a second thought if they think you are a danger to their children or grand children . I would. I pass children the way I want my Grand kids passed on a bike . I am not saying you were a danger but take this in consideration near children
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Old 02-24-17, 06:16 PM   #13
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Random factoid: In most US jurisdictions, the legal meaning of assault is much different from the colloquial meaning and refers to something along the lines of threatening imminent bodily harm, while battery refers to actually causing it. Hence "assault and battery" is not redundant but properly refers to two related but separate parts of the act.
Not random for anyone who has ever been a 1L.
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Old 02-24-17, 06:17 PM   #14
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So, if I point a realistic looking toy gun at you, is that legally considered to be assault ?
Also note that, at common law, it was legally impossible to assault an unconscious person.
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Old 02-24-17, 06:28 PM   #15
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Was the man in a crosswalk?
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Old 02-24-17, 06:28 PM   #16
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So, if I point a realistic looking toy gun at you, is that legally considered to be assault ?
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Also note that, at common law, it was legally impossible to assault an unconscious person.
TT, this does not mean you can go around pointing realistic toy guns at sleeping people.
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Old 02-24-17, 06:32 PM   #17
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TT, this does not mean you can go around pointing realistic toy guns at sleeping people.
How about blind people ?
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Old 02-24-17, 06:39 PM   #18
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How about blind people ?
Oh, well, no one said anything about them, so I guess it's totally cool.
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Old 02-24-17, 06:47 PM   #19
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Welcome to Oakland. Had a brother spew white/Trump hate at me and flash his knife at the Mac/BART station last week. I had to laugh when he said "Don't mess with no OG from Burbank". People are really on edge and I don't see it getting much better.
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Old 02-24-17, 06:53 PM   #20
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Here in Oregon, a vehicle has to give a full EMPTY lane of separation between a vehicle and a pedestrian.

I usually cut it a little closer than that on a bike, but am more likely to cut behind a person than in front of them.

Anyway, it sounds like the pedestrian believed you were impinging on his space. But, his reaction was a bit over the top.

Or, maybe he just didn't like bicycles.

Did you talk to him after the incident? Witnesses?
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Old 02-24-17, 10:04 PM   #21
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Welcome to Oakland. Had a brother spew white/Trump hate at me and flash his knife at the Mac/BART station last week. I had to laugh when he said "Don't mess with no OG from Burbank". People are really on edge and I don't see it getting much better.
OG from Burbank? What did he try a drive by with a prop in Jay Leno's Stanley Steamer on his way to the Disney lot? "Bibity bopity boop M.F. pop pop pop!" I love it when people think they are so tough when they aren't.

I remember years ago I was in NYC and some yahoo tried to get in my face and get all "I'm from New Yawk don't mess with me, I gotta knife" and I gut laughed at him and said while still laughing "where I come from we have guns" and he backed down so fast. It was so hilarious.
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