I've read the disclaimer on the site, but I'm going to tell my story up this point. It's not terrible, but I want to vent and ask some advice and maybe inform others who might be in the same situation as I.
I was riding on a sidewalk (and I realize that a sidewalk isn't a place for a bike usually, but my alternative was crossing a 4 lane road, riding 1/2 block and crossing that 4 lane again, so in this case it was a safe choice IMO). As I was crossing a business entrance, a truck tried to make a turn across traffic into my path. I saw the truck out of the corner of my eye and was able to brake and swerve and avoid the truck. But in doing so I lost control of the bike and crashed. I wasn't hurt too badly, some road rash on knee and leg.
The driver rolled down his window. He didn't ask if I was ok or apologize for causing this, but actually laughed at me and told me it was all my fault, that he didn't hit me and I was stupid for wrecking my bike. I was of course a little pissed at this reaction, so I laid into him. I'm not afraid to use strong language when I think it's proper, so I did (can you blame me?). I didn't threaten him in any way, simply called him some choice words and told him to pay attention when driving. He *did* threaten me and was told I would get my ass kicked. After some jawing I left and rode a couple hundred feet down to the next business to catch my breath and assess my injuries.
It was here I saw this driver was an employee of the store I was almost hit in front of. I decided (maybe wrongly) that I should speak to his boss to see if this kind of attitude was company policy. So, ok...yeah I was gonna be an a-hole and get him in trouble. To my surprise, his boss came out and threatened me, told me to go "F" myself etc etc. Said his employee wasn't on the clock and what he did wasn't his business and get out before he beat me.
At this point the employee (I'm guessing seeing his boss) came out and threatened me again, getting in my face, pushing me and not allowing me to leave. He was bigger than me, and I know when I'm probably on the losing end of a fight, so I was trying to back away and leave, but he continued to get in my face, threaten me with physical violence and keep me from leaving.
As I tried to back away and leave, he kicked my bike numerous times and damaged the rear rim beyond repair.
At this point I took out my phone and called the police.
After some time and talking I was told this: the police said I was the aggressor. Because I used "vulgar" language and because I came back to the scene of the accident (after I left and assessed my condition and noticed he was an employee), what I did was considered "harassment". They also would not ticket the driver with any driving offense, since I was riding on the sidewalk I was a pedestrian and not subject to any traffic or bicycle laws.
They noted that he admitted to stomping on my rim and causing damage, but refused to charge him without charging me with the harassment charge. They refused to tell me what penalties the harassment charge would carry, saying "That's up to the judge", so I couldn't make an informed decision to agree to the charge in order to have the other guy charged as well.
Wow...right? So for starters, any ideas on how I should proceed from this? I feel like I really got the short end of this. I've contacted the corporate offices of the company whose employee/owner/franchise this happened on, and haven't heard from them. I'm not sure there's a law suit here due to the nature of injuries (but then I'm not a lawyer and I'm not sure of the final extent of the injuries
My final plan is to simply sue for the extent of the cost of the replacement for the rim + labor + any other damages I can possibly think of. Anything else? Thanks for reading.
Edit: I should add, as a learning experience. I was told that since I cussed out the driver, that kinda screwed me. So...it seems that if you are involved in something, hold your tongue. In Colorado, among other things, harassment is considered "using profane language or gestures in a public place" which I would consider "conversation" but can also be used against you. I also learned that you should be *very* careful as to what you admit to a police officer. I tried to be truthful and honest, but since the I admitted to the "coarse language" and the driver didn't admit to his language and menacing, I was on the outside. Either don't do it, or lie you ass off if there aren't any witnesses. Sad, but true. I should also add then when I was asking about the "harassment" charge and as to if the driver's name/address would included in the police report, I was told by one officer that "I've got better things to do than discuss this". Nice, good job Loveland Co, police.