I filed a complaint against a driver.
#101
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Hello!
I had mediation tonight and I am so glad it is finally over with. I learned some valuable lessons, like I def do not like getting notices from the court. It is not a good feeling.
We both met with a panel of 3 mediators, and told our stories separately. One was really against bikes being in the road.
His wife also met with him, because it was her car. I asked for him to have to take a bicycle education class, and stressed that I really just wanted him to understand that I was riding in the road legally and to understand how bicycles move in the road to be safe.
In the end, he still refused to take the class. He did read the relevant laws with the mediators and apologize, and we both dismissed our complaints.
Also this thing was postponed several times, and at one point we both were notified that we missed a court date. His lawyer did not seem to respond for whatever reason, and the driver lost his driver's license for 5 weeks and he was unable to drive himself during that time.
I would def make a police report if it happened again, but I'm not sure I would follow through on the complaint if I had to prosecute it myself (or have my lawyer do it), because I really did not like the whole court thing. I try to stay out of trouble, I guess.
Now back to fun things involving bikes. Whew.
I had mediation tonight and I am so glad it is finally over with. I learned some valuable lessons, like I def do not like getting notices from the court. It is not a good feeling.
We both met with a panel of 3 mediators, and told our stories separately. One was really against bikes being in the road.
His wife also met with him, because it was her car. I asked for him to have to take a bicycle education class, and stressed that I really just wanted him to understand that I was riding in the road legally and to understand how bicycles move in the road to be safe.
In the end, he still refused to take the class. He did read the relevant laws with the mediators and apologize, and we both dismissed our complaints.
Also this thing was postponed several times, and at one point we both were notified that we missed a court date. His lawyer did not seem to respond for whatever reason, and the driver lost his driver's license for 5 weeks and he was unable to drive himself during that time.
I would def make a police report if it happened again, but I'm not sure I would follow through on the complaint if I had to prosecute it myself (or have my lawyer do it), because I really did not like the whole court thing. I try to stay out of trouble, I guess.
Now back to fun things involving bikes. Whew.
Last edited by katinka; 09-15-10 at 07:09 PM.
#102
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Last month, I was riding my bike in the left hand turn lane of a road. I am in this lane for about 1/10 of a mile, and I was taking the lane because it is not very wide, and at the end of the lane, there is a concrete median that is about 40 or 50 feet long.
Anyhow, a car came up behind me and was frustrated by me existed and really laid on the horn for a really really long time and scared the crap out of me, and then proceeded to pass me anyhow. The light was red at the intersection, naturally, so I caught up his the driver and tried to explain why I was riding in the manner I was. Seriously, I have a speech all ready to go and sometimes it goes fairly well. This did not go well at all, and the driver was convinced I should not be riding in the road (or highway as he likes to call it), and I backed my bike up and took a pic of his plate and made a police report. When the police spoke to the driver, he claimed I was weaving all over the road, and it was still clear to me that he does not understand how to safely drive around cyclists.
So, while the police officer did not see it happen, it turns out in New Jersey, you can file the charges yourself (or your lawyer) and he will have to come to court. I met with a police officer who then told me what charges to file, and I filed these: Careless Driving, Harrassment, and Illegal Passing.
Not to be outdone, the driver has responded by filing a complaint against me. I sort of hope he goes first because I am really interested in how the turning charge applies. I also am thinking he did not really read the things he charged me with, as the first exception with the keep to the right rule is when turning left. Here are the 3 tickets I received:
39:4-127. Backing or turning in street
No vehicle shall back or make a turn in a street, if by so doing it interferes with other vehicles, but shall go around a block or to a street sufficiently wide to turn in without backing.
Failure to Keep Right
39:4-14.2, 39:4-10.11 Operating Regulations.
Every person riding a bicycle on a roadway shall ride as near to the right roadside as practicable exercising due care when passing a standing vehicle or one proceeding in the same direction. A bicyclist may move left under any of the following conditions: 1) To make a left turn from a left turn lane or pocket; 2) To avoid debris, drains, or other hazardous conditions on the right; 3) To pass a slower moving vehicle; 4) To occupy any available lane when traveling at the same speed as other traffic; 5) To travel no more than two abreast when traffic is not impeded, but otherwise ride in single file. Every person riding a bicycle shall ride in the same direction as vehicular traffic.
Careless Driving
39:4-97. Careless driving
39:4-97. A person who drives a vehicle carelessly, or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of careless driving.
I am sort of interested in knowing if anyone has filed a complaint against a driver and what the outcome was.
Anyhow, a car came up behind me and was frustrated by me existed and really laid on the horn for a really really long time and scared the crap out of me, and then proceeded to pass me anyhow. The light was red at the intersection, naturally, so I caught up his the driver and tried to explain why I was riding in the manner I was. Seriously, I have a speech all ready to go and sometimes it goes fairly well. This did not go well at all, and the driver was convinced I should not be riding in the road (or highway as he likes to call it), and I backed my bike up and took a pic of his plate and made a police report. When the police spoke to the driver, he claimed I was weaving all over the road, and it was still clear to me that he does not understand how to safely drive around cyclists.
So, while the police officer did not see it happen, it turns out in New Jersey, you can file the charges yourself (or your lawyer) and he will have to come to court. I met with a police officer who then told me what charges to file, and I filed these: Careless Driving, Harrassment, and Illegal Passing.
Not to be outdone, the driver has responded by filing a complaint against me. I sort of hope he goes first because I am really interested in how the turning charge applies. I also am thinking he did not really read the things he charged me with, as the first exception with the keep to the right rule is when turning left. Here are the 3 tickets I received:
39:4-127. Backing or turning in street
No vehicle shall back or make a turn in a street, if by so doing it interferes with other vehicles, but shall go around a block or to a street sufficiently wide to turn in without backing.
Failure to Keep Right
39:4-14.2, 39:4-10.11 Operating Regulations.
Every person riding a bicycle on a roadway shall ride as near to the right roadside as practicable exercising due care when passing a standing vehicle or one proceeding in the same direction. A bicyclist may move left under any of the following conditions: 1) To make a left turn from a left turn lane or pocket; 2) To avoid debris, drains, or other hazardous conditions on the right; 3) To pass a slower moving vehicle; 4) To occupy any available lane when traveling at the same speed as other traffic; 5) To travel no more than two abreast when traffic is not impeded, but otherwise ride in single file. Every person riding a bicycle shall ride in the same direction as vehicular traffic.
Careless Driving
39:4-97. Careless driving
39:4-97. A person who drives a vehicle carelessly, or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of careless driving.
I am sort of interested in knowing if anyone has filed a complaint against a driver and what the outcome was.
#103
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helmet cam.
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#104
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Even the smallest deviation from the official story could be used as evidence against her.
Ultimately, discussing it on the Interwebs might hurt her (contradicting the official story, giving information that wasn't already available, etc.) -- and will never help her.
As for deleting things now, I dunno ...
#105
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I actually took a copy of this thread with me, along with the local news blog post and a post I made on my bike blog. It never came up. I really think in a case like this it wasn't a big deal, and I doubt that the other party's lawyer was actively looking for this. As I mentioned sometime earlier in this thread, my lawyer didn't think it was a big deal.
#106
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#107
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Excellent conclusion, especially if it gets good press coverage.
Of course, I expect the comments section on that web page to turn into a swamp.
Of course, I expect the comments section on that web page to turn into a swamp.
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#108
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An excerpt from the article:
"While she still believes bikers should speak up for their rights, Kendra acknowledged that the legal process created anxiety as delays dragged out the case over the summer."
I'm sure that this deters a few cyclists from pursuing any strong legal action against motorist harassment. If I haven't sustained any injuries from a motorist's aggressive driving action, the most I'll go for is having the motorist's actions documented with the local authorities.
"While she still believes bikers should speak up for their rights, Kendra acknowledged that the legal process created anxiety as delays dragged out the case over the summer."
I'm sure that this deters a few cyclists from pursuing any strong legal action against motorist harassment. If I haven't sustained any injuries from a motorist's aggressive driving action, the most I'll go for is having the motorist's actions documented with the local authorities.
#109
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I'm glad you followed through and I'm sorry to read that it was so stressful for you. I called about my situation with a car trying to run me out of a turn lane in July and the cop told me the same thing, 'if a policeman saw the incident, they would have cited the driver' but since it's my word against the driver's they won't file a complaint.
He said what they could do is to send a strongly worded letter to the driver warning them against reckless driving and I said, please do. It may not be much, but her name and license number are in a database and getting an official warning letter from the police will at the least, piss her off so I'm happy visualizing that.
I don't agree that the cop not allowed to file a complaint against the driver was due to my being a bicyclist. I chalk it up to manpower vs time available. I was treated respectfully from the detective, so I'll file a report again, if something happens.
I think you were awesome following through on your incident. I think you were great in asking for a bicycle education class and I think his having his license pulled for over a month shows that your area takes bicycles on the roads seriously.
Thanks for sharing your experience.
He said what they could do is to send a strongly worded letter to the driver warning them against reckless driving and I said, please do. It may not be much, but her name and license number are in a database and getting an official warning letter from the police will at the least, piss her off so I'm happy visualizing that.
I don't agree that the cop not allowed to file a complaint against the driver was due to my being a bicyclist. I chalk it up to manpower vs time available. I was treated respectfully from the detective, so I'll file a report again, if something happens.
I think you were awesome following through on your incident. I think you were great in asking for a bicycle education class and I think his having his license pulled for over a month shows that your area takes bicycles on the roads seriously.
Thanks for sharing your experience.
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Katinka, I'm sad because I think you did the right thing and the way the system is set up it was burdensome for you. I have to say I dislike mediators. They're goal is to get rid of cases not find the just solution (they'll admit as much.) In this case this guy needed to be punished more (at least have to take a class on bicycles), but I don't blame you for not taking it further. You've already done way more than 99% of people would do. Hopefully the jerk will think twice next time.