Seeking advice–road rage incident….

[Dirt]

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

[jrenaut]

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.

[dasgeh]

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.

[MCL1981]

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.

[Greenbelt]

[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.

[Terpfan]

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).

[WillStewart]

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?

[Terpfan]

@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.

[eminva]

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

[cephas]

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.

[pfunkallstar]

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.

[Terpfan]

@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.

[MCL1981]

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.

[Riley Casey]

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.

[Arlingtonrider]

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

[Author]

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