Bike Assault Enforcement

[bobco85]

I just found out about two different cases involving 2 hit-and-runs by drivers against cyclists. I’ll post the links to the news articles first and put my comments after.

1. Former D.C. cop admits to hit-and-run of cyclist (Washington Examiner): http://washingtonexaminer.com/former-d.c.-cop-admits-to-hit-and-run-of-cyclist/article/2526149

2. DC Should Be Tougher on Drivers Who Hit Bikers (Washingtonian): http://www.washingtonian.com/blogs/capitalcomment/local-news/dc-should-be-tougher-on-drivers-who-hit-bikers.php

I remember seeing the video of the guy getting hit in DC, and was interested that they did actually find the driver. That said, I do not like that the driver, an ex-cop, has gotten as part of his plea deal a provision that allows him to withdraw his guilty plea if he fulfills community service, anger management, and a driver safety course, without a fine or anything on his record it seems (I am not a lawyer, so clarification would help). I’m very tempted to assume he’s getting nicer treatment because he is a former cop, but hopefully that is not the case.

For the cyclist who was hit in Loudon county, although I wasn’t able to find out much else than the Washingtonian opinion column, I am happy that something is being done and the driver is being charged with a felony. We’ll have to wait, though, while the case is prosecuted to see what happens.

Since we do not hear a lot about drivers who injure cyclists getting prosecuted, cases like these send a message to cyclists everywhere about what kinds of justice to expect should you find yourself in this sort of situation.

Topic

[DSalovesh]

@bobco85 48325 wrote:

Since we do not hear a lot about drivers who injure cyclists getting prosecuted, cases like these send a message to cyclists everywhere about what kinds of justice to expect should you find yourself in this sort of situation.

My concern is not just what it means to cyclists and other vulnerable road users, but the message it DOESN’T send to drivers.

It can seem petty if you haven’t been on the receiving end yourself, but the spectrum of assaults on cyclists includes when a vehicle pulls up behind and leans on the horn, and the little engine revving that “politely” signals that the vehicle has chosen not to run you over yet. Those sorts of things lead to intentionally passing too closely, and I’ve even been tapped from behind as a part of such harassment.

The prosecutors had the opportunity to make it clear that there is a line that shall not be crossed without serious consequences, even for retired police officers.

I Am Not A Lawyer, but IMHO the precedent has now been set that harassing a cyclist (or anyone, really) and then intentionally driving into them, causing personal injury and property damage, leaving the scene, and failing to voluntarily go to the police until charges are filed still leaves room for cutting a deal without any significant penalty.

So, drivers of DC: don’t give cyclists room, don’t avoid knocking them down, don’t stop when you do, don’t go to the police afterward, hide from them when they look for you, lie about where you were at the time, drag the whole process out – it won’t matter, because unless you do something worse than this you’ll get a soft guilty and you’ll have to take a week off work to get that off your record.

And it’s not too much of a stretch to think that if the system isn’t going to work for us in the courtrooms we’ll have to do more to protect ourselves on the streets.

[Subby]

Every time I watch that video I just become absolutely furious.

[jabberwocky]

Well, just as a counterpoint, I’ve head good results dealing with Fairfax County police. I was (unintentionally) hit a little over a month ago commuting home from work, got the whole nine yards (ambulance ride to the hospital, xrays, workup, etc). The Fairfax officers who responded read the driver the riot act (which was nice to listen to as I was getting loaded into the ambulance). The driver was cited and their insurance is paying for my medical bills and such.

I know theres a difference between being hit intentionally and unintentionally, but given my interactions with Fairfax cops over the years on cycling stuff, I’m pretty sure they would charge any driver who intentionally struck a cyclist with more than a slap on the wrist.

[bobco85]

@jabberwocky 48337 wrote:

Well, just as a counterpoint, I’ve head good results dealing with Fairfax County police. I was (unintentionally) hit a little over a month ago commuting home from work, got the whole nine yards (ambulance ride to the hospital, xrays, workup, etc). The Fairfax officers who responded read the driver the riot act (which was nice to listen to as I was getting loaded into the ambulance). The driver was cited and their insurance is paying for my medical bills and such.

I know theres a difference between being hit intentionally and unintentionally, but given my interactions with Fairfax cops over the years on cycling stuff, I’m pretty sure they would charge any driver who intentionally struck a cyclist with more than a slap on the wrist.

That’s good to hear (the reaction from the police, not your accident), although I find it strange (but refreshing) considering Fairfax is not very bike-friendly versus DC’s bike-friendliness.

[unclejed]

The video clearly shows that the cyclist lost control of his bicycle, thankfully he is still alive. But why did he lose control? Here are some of the reasons people have suggested to me:

1. Before this incident, the cyclist cut-off the driver; driver responds by cutting off the cyclist.
2. Driver passed too close to cyclist – startled cyclist loses control of bicycle.
3. Driver uses vehicle to hit the bicycle or the cyclist – cyclist has no choice but to eat pavement.

Hate to say it but most people have expressed reason #1 adding that bicyclists run red lights and weave in and out of traffic. But Evan was being a PAL!

I wanted John to be charged with assault, believing that it would make motorists more cautious of me while cycling. But is that a realistic expectation?

[jrenaut]

@unclejed 48466 wrote:

Hate to say it but most people have expressed reason #1 adding that bicyclists run red lights and weave in and out of traffic. But Evan was being a PAL!

Who cares? Even if the cyclist had been weaving in and out of cars, screaming obscenities, the police officer intentionally ran into him with his truck. There is almost nothing the cyclist could have done in this situation to make that legally justifiable. If the cyclist had been brandishing a gun and threatening to shoot the police officer, you could make a self-defense argument, though I think the whole stopping to yell at the cyclist might preclude that.

[Author]

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