Seeking advice–road rage incident….

Our Community Forums Commuters Seeking advice–road rage incident….

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  • #910579
    Terpfan
    Participant

    Some of you may have seen me this morning near the cycletrack at 15th & I. The long and short of it is I had the crosswalk and was moving across the intersection northbound at a relatively slow pace. The first car tried turning right from 15th onto I street and of course was stopped per pedestrians (Vermont Avenue entrance to McPherson Square Metro is right there). That car finally made it through. I’m still proceeding (a few cars are going straight from 15th toward H) and a white escalade pulls right in front of me and then abruptly stops per realizing all the pedestrians crossing. I can’t go right without going into oncoming traffic so I slam my brakes. I successfully stop just short of the car but per a quick stop I slide off the front of my bike forward and end up stopping myself with my gloved hand against the guy’s escalade. I’m happy I didn’t hit him and so I stop for a second, remount and continue along the cycletrack north.

    About 30 feet later I find myself planted into the ground bike strewn around my legs and this guy is screaming you ‘fn ahole, you touched my car’. I’m now dazed and trying to assess what is going on. While part of me wanted to get up and coldclock the guy, I looked to my left saw two DC police cars stopped. I stayed on the ground as this guy kept ranting and as the guy kept screaming, I finally responded get off me, I didn’t touch your car. The cops came over and then began the ordeal of filing a report, sort of.

    The cops asked us both what happened and then proceeded to check his vehicle for damage and ask me if I’m alright. I explained my knee was a little scraped up per the crazy guy tackling me into the ground, but I’m fine. Low and behold they find no damage on the road rage crazy guy’s car and then can see a brief imprint where my hand touched it. So the cops start explaining to me that technically touching his car could be considered a collision and not trying to talk to him to notify him that I touched his car could be considered a hit and run therefore he could be theoretically seen as trying to detain me until the police arrived. They said alternatively it could also be seen as assault. I pointed out that they were parked literally 20 feet away on the other side of 15, the guy didn’t call out anything, and he told the cops he tackled me. I explained that the complete stop meant sliding off my bike meaning I did not only come to a complete stop, but I had a good 5-10 seconds the guy could have said something right then and there. I sensed the cops didn’t want to fill out any paperwork and so when the first cop started saying he could technically haul both of us to jail (me for alledging hitting and running and him for flat out tackling me) is when I pulled out my phone and started typing in the cops names and badge numbers. I used to work in a legislative capacity and I knew full well that they can’t just arrest you because someone claims you hit their car.

    Moving along, crazy guy continues to try explaining that I hit his car and evidently above the wheel well. One cop points out that my bike isn’t even tall enough to reach that spot. The other cops said there is no discernible damage at all. Meanwhile the one cop chats with me and he’s actually friendly. He basically says shit happens, the guy had no business tackling me, it’s clear there was no accident and he would’ve told the guy to apologize to me and then asked me what I wanted to do. Meanwhile the not-so-nice cop comes back and asks if I plan to file assault charges. I said I’m not sure, but I don’t have to do it right now, correct? Same cop says he’s going to call an ambulance and has a dialogue with his partner. His partner says then we got to file all of this paperwork and he says well he says his knee is scraped and you know where this could lead us too. (No ambulance ever comes). Anyway, this whole process takes up about 40 minutes. The cops end up filing a 1050 report (accident I suspect) citing no damage to his car. They take photos of both of us, take all of our license details down (and crazy guy’s insurance), and give me a piece of paper with the filing officer’s contact information, phone number, a report number, and the approximate time and location. The cop explains that this will go to the US District Attorney’s Office and they may followup with charges or they may just leave it as a report. Evidently I can pickup the actual report in a week or two at their station on V Street.

    The good news is that my knee is a little scratches as is my hand, but I didn’t notice any major injuries from the tackling. I didn’t ride my bike yet again so I don’t know if it’s damage, but it only looks like it has some scratches from where it hit the cycletrack as the guy tackled me. Now the question is what do I do? Part of me thinks I should file assault charges because in a previous line of work (legislative work with judicial sector) I learned that often people’s responses escalate…first you tackle someone, then you run them over, etc. Another part of me thinks chalk up to bad luck running across that road rage dbag. Another part of me thinks it’s absolutely ridiculous that the one cop tried coercing me into doing nothing simply to avoid paperwork. So I’m curious about everyone else’s advice.

    And for what it’s worth, I wish I had a printed copy of that ‘what to do’ report. Granted mine wasn’t an accident, a lot of things sounded similar.

Viewing 15 replies - 1 through 15 (of 35 total)
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  • #932218
    Dirt
    Participant

    Glad that you’re okay.

    I’m not clear on what happened with the way the dude in the escalade was driving, so I can’t really comment on that.

    Sounds like talking to a lawyer would be a good thing. I’d take some time and write down every freaking detail of what happened. What you have here is a good start. Do that as soon as possible. Memory in an accident situation is always fuzzy.

    Then you have to decide what you want to do. Not sure if trying to nail the guy would make things better or worse the next time someone touches his SUV. There’s no way to really tell.

    Good luck. Again, I’m happy that you’re okay.

    Pete

    #932220
    jrenaut
    Participant

    Glad you’re okay, too. I come home that way most days, but at 2pm, so it’s less crowded. Still, I see cars do that ALL THE TIME. I’ve been lucky so far to avoid incidents like yours.

    I think I would go after the guy – it’s just NOT OKAY to tackle people like that without even trying to clear things up rationally.

    #932222
    dasgeh
    Participant

    Sorry that happened and really happy you’re ok.

    My initial reaction was “file the report! throw the book at him!” though, Dirt is right – talking to a lawyer is smart. The question seems to be whether you did anything wrong (I doubt it – I don’t know that area well, but it sounds like the driver was in the wrong stopping in the cycletrack. I’d guess you were a “pedestrian” because you were in a cycletrack, and couldn’t be in a hit and run). You wouldn’t want a ticket on top of everything else.

    I do hope you’ll file a complaint against Mr. Badcop.

    #932223
    MCL1981
    Participant

    He did not tackle you to detain you for evading an accident. He tackled you because he was angry you touched his precious drug-dealer mobile even though it was his fault for not yielding to the cross walk. You did not have an accident to evade either. You caught your balance on his car, which he was operating in violation of the law, because you avoided an accident. Touching one’s automobile is not a crime. IMO, he has no civil or statutory leg to stand on. In his rage, this thug violently assaulted you in the middle of the street in broad daylight. He should be in jail now, not later. I think you absolutely NEED to file for actual real assault charges against this piece of shit. And in addition to the assault, add to the affidavit the charge of the illegal/unsafe turn too.

    And your assessment of the police officers being lazy and not wanting to do anything is most likely right on the ball. Total bullshit.

    #932227
    Greenbelt
    Participant

    [ATTACH=CONFIG]464[/ATTACH]

    If the cops were worth their doughnuts they’d ticket drivers who bully through crosswalks in the first place. Seriously, all you needed to say was “white escalade” and I think we know exactly the sort of driver you’re talking about. Cadillac should just switch the model name from “Escalade” to “Douche Mover” and be done with it.

    Short attention span alert — a horse-mounted cop just went up 6th street. We need more of that! Get the cops out of their damn cruisers and out into the air on bikes, horses, foot so they’ll develop a little perspective.

    Loving that picture from Kenny’s recent thread.

    #932237
    Terpfan
    Participant

    Thank you all for the advice. I’m leaning toward filing charges after discussing what happened and the DC code with an attorney friend. He said switching positions he would have demanded the charges be filed on the spot and would contemplate civil action against the driver as well (I disagree on the latter).

    #932238
    WillStewart
    Participant

    See the thread on accidents, very closely related. NEVER say “I’m fine” as a problem could arise later after the adrenalin and endorphins wear off. Say “I don’t know” until you can get a medical assessment.

    http://bikearlingtonforum.com/showthread.php?1383-Crash!!-You-ve-had-an-accident-with-a-car.-What-do-you-do-now

    Sounds like an assault case to me – were the cops witnesses? If not, did you get any witnesses names? It sounds like the Escalade driver admitted his actions to the officers – can you get a copy of the report?

    #932244
    Terpfan
    Participant

    @WillStewart 10448 wrote:

    See the thread on accidents, very closely related. NEVER say “I’m fine” as a problem could arise later after the adrenalin and endorphins wear off. Say “I don’t know” until you can get a medical assessment.

    http://bikearlingtonforum.com/showthread.php?1383-Crash!!-You-ve-had-an-accident-with-a-car.-What-do-you-do-now

    Sounds like an assault case to me – were the cops witnesses? If not, did you get any witnesses names? It sounds like the Escalade driver admitted his actions to the officers – can you get a copy of the report?

    I wish I had those points written down from the link. I was so surprised that I had been tackled that I really wasn’t thinking about anything else other than what the hell is going on here and why. The cops said they did not see him tackle me, but they heard him yelling when I was on the ground and that’s what prompted them to come over.

    I’m sure there were witnesses, but nobody stopped that I could tell. Part of the problem was I was down on the ground in the cycletrack focused only on the guy above me and the squad cars over to my left. By the time I got up the police were asking us both questions and checking me for injuries. The only guy I’m sure saw it was the homeless gentleman at McPherson Square who looks over that way and yells ‘Good Morning’ every day to people walking right there.

    The guy did admit to the police that he tackled me. It came in the beginning during a brief exchange where the cops asked what happened. As I explained that he tackled me, he said damn right I tackled him. The cop asked him again saying to clarify it was he saying he tackled me and he said yes, i tackled him.

    #932249
    eminva
    Participant

    I agree that this was an assault; the analysis should be completely independent of what happened at the intersection earlier (he was also at fault there for failing to yeild on his turn; but good luck getting any action on that without a police officer witness). This absolutely should be charged. If a police officer sees a couple of pals swinging away at each other, that’s the time for the “let’s all make this go away quietly” chat, but when a citizen assaults a complete stranger in downtown DC, with possible injuries (I take it from their conversation they thought this was a possibility) that calls for official action.

    I would either contact a lawyer or keep pestering the police, take it all the way up to Kathy Lanier if necessary. The squeaky wheel gets the grease.

    I hope you and your bike are okay.

    I wouldn’t beat myself up too much about not taking all the excellent steps outlined in the previous posting — perfect recall is a bit much to expect under extraordinary circumstances. But your idea of printing it out is good; maybe I will do the same, laminate it and keep it in my panniers.

    Liz

    #932251
    cephas
    Participant

    I’m not sure why not go after him with a civil suit, in addition to pressing charges. There’s absolutely no excuse for tackling you, despite what the officer suggested.

    Also, I’m a bit confused with your opening. You were heading northbound (i.e. away from that White House) on 15th? So, that’s right outside the metro entrance? Did the Escalade turn right or left? It took me a minute to remember that the cycletracks were on what would be the southbound side of the 15th St, but still not sure I understand.

    #932253
    pfunkallstar
    Participant

    DC is a little different than Maryland and significantly different than Virginia when it comes to assault. DC has at least three different levels of misdemeanor assault, which range from inappropriate touching to assault with the intent to injure. I would contact a lawyer and explain your story in detail, it is likely that you will be able to put together a pretty sound case for at least one of the lesser degrees of misdemeanor assault. It sounds like this guy was in the wrong on a number of levels, so file the charges and teach him a lesson.

    #932260
    Terpfan
    Participant

    @cephas 10461 wrote:

    I’m not sure why not go after him with a civil suit, in addition to pressing charges. There’s absolutely no excuse for tackling you, despite what the officer suggested.

    Also, I’m a bit confused with your opening. You were heading northbound (i.e. away from that White House) on 15th? So, that’s right outside the metro entrance? Did the Escalade turn right or left? It took me a minute to remember that the cycletracks were on what would be the southbound side of the 15th St, but still not sure I understand.

    Correct, I was heading away from the White House past the Department of Veteran Affairs (it may technically be called Vermont from that side of the road). The cycletrack is located on the southbound side so in this case it’s the left hand side, which is going against traffic in it’s design. I Street is one way running west there so he was turning right onto that street.

    The civil suit is an open possibility. But honestly I would be happy with an apology and promise not to do it again. My fear is more that if he doesn’t think their are any consequences that he will do it again. I think I got lucky with just minor scrapes, but it could’ve easily been landing another way and missing a few teeth.

    #932262
    MCL1981
    Participant

    He needs to be arrested for the violent broad daylight assault. That is criminal. A civil suit along with criminal charges, probably not necessary if you don’t have actual damages. If you do, he should be held responsible then.

    #932263
    Riley Casey
    Participant

    Piling on because this situation really demands it. This was wrong on a personal affront level but as Liz said its wrong on the body politic level too. Citizens don’t just knock each other down for trivialities. If that becomes the norm we have all given up too much. Take some stand even if it’s no more than demanding an apology with the implication of further action if none is forthcoming.

    #932264
    Arlingtonrider
    Participant

    Terpfan, Be sure to check your “Notifications” next to where you log in.

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