rolandofeld

+1.

I don't see how it's an issue as long as the OP is consistent with the story. Moreover, I don't see the opposing lawyer digging so deep as to find the OP's membership in this forum because the attorney simply isn't that vested in a case like this (unless there's some reason this isn't the case, like the OP being a media target or some aspect of the story that is insofar unrevealed).

The only reason I can see where this would be the case would be where the OP admitted guilt or changed story. I'm not a bike law expert but, like Spire, I didn't see either in the thread. The whole "say less so they have less to use against you" hurts more than helps because it looks like you have something to hide.

gcottay

You have both missed two important points.

1) Since the incident can be reported here at any time, there's no reason for not waiting under legal proceedings are complete.
2) If the incident is reported here the opposition can use every stupid and inflammatory post A$S to characterize you as a nutcase.

rolandofeld

Responding:

1) This is a non-issue unless you assume the post does indeed cause harm to the OP's case (some assume it won't other assume it will).
2) How can the OP be held responsible for the actions of others in a court of law? At least that's what it seems like you're saying here: That the OP could be negatively affected by the comments of others on the forum, I just don't see how that is an issue either way. How would what you or I say affect the case in question? Maybe there's some oddball law that I'm not aware of but I simply cannot fathom how that would work.

katinka

I am not sure how that would work either, but I don't think it will be an issue. I did actually ask my lawyer if I should avoid talking to the press or posting about this case before I posted, but he did not have any strong feelings about it either way.

I am scheduled for mediation at the end of August, so I will be talking a break to enjoy the summer.

Charbon

In general threads like these could be used against posters like katinka, but in this specific case she is fine. I haven't noticed any inconsistencies or anything. (But I've seen some other threads where posters are expressly contemplating insurance fraud and the like and that would be deadly for them.)

Dchiefransom

There was a case before where a forum member sued a government entity after a collision with a vehicle. Every thing he'd ever said on here was in the possession of the opposing lawyer. His characterizations of previous riding was used against him, and he lost.
A seemingly innocent statement could be turned against you.

Guillotine007

and this is why I vigilantly separate my online persona(s) from real life.

Digital_Cowboy

Stop and think about it, lawyers know people are posting things to The Net so they are going to have people scanning The Net looking for any and all evidence that they can gather to make their client(s) look better. And by providing the details of a crash in an online forum lawyers can and will find it and use it to find anywhere else that the details were posted. Or details about some reckless behavior that the party engaged in or directly or indirectly supported.

Digital_Cowboy

Exactly, and how many times have things been taken out of context and used against a person?

And as we've said just because the person who started the thread deletes it or has it deleted it's still archived and can be recovered and come back to bite one in the ass/haunt them. It's best not to say anything until the case is over and done with.

68venable

Well then I wont share my opinion. I dont want to mess up a court case.

shokhead

So what the hell happened?

crhilton

Seems like a good reason not to use these forums at all. Or at least refrain from ever talking about what you, personally, do.

njkayaker

Much safer making up lies about other people!

tligman

I want to know too...

myrridin

Personally, if I were the driver and his lawyer, I'd do everything possible to make sure the case was heard by a jury...

Just because the law says something, doesn't mean it is right. The OP doesn't mention some key elements; speed of the road, traffic levels, etc. and frankly I find it hard to believe that the OP was within 528 feet of the light and the car still had time honk agressivelyto get around him and stop before the light and then honk some more...

The OP is as responsible as the driver for escalating this incident. And frankly I can't imagine a jury convicting the driver of anything. The judge might choose to follow the letter of the law, but a jury wouldn't. Frankly unless, by luck the jury contained an avid cyclist, the OP would be the one to suffer.

KD5NRH

I was half hoping you meant that you'd whipped out your trusty rattail file and carved your complaints into his paint job. Would've been quicker

ItsJustMe

Well, given that all of my posts are about how I pretty much follow every law better than anyone I've ever seen on the streets, I'm not too worried about it.

skye

I claim BS. Cite case and jurisdiction.

Dchiefransom

It was reported here in A&S. Don't remember the screen name of the guy, but his collision was with a city or county vehicle here in the Bay Area. He was having trouble with his vision, also. The thread should still be here somewhere. Others might remember the screen name. There was a link to a local article, but that article would be gone. I'll try to search for it.

Spire

katinka, what's the latest?

CB HI

It was not BS. Unfortunately, I doubt that Dchiefransom will find the thread, as it is old enough and there has been some data lost with some of the BF crashes.

Sadly, it was mostly a situation of the cyclist making jokes in other threads, like U-lock justice, that got used against him.

katinka

He only honked once and then passed me and then was stopped at a light.

katinka

Mediation has been postponed until mid-September.

mchuntley

I would love to hear how this ended up as well.

CB HI

As noted by the OP, it has not ended yet.