What to do when the road rages and bumpers bite — part 2

I thought I knew what to do if I was ever in a cycling collision.

I was wrong.

Yesterday I wrote about defusing a road rage incident, based on what I learned as a result of my own run in with a raging driver. A case in which I did just about everything wrong, costing me any chance of a settlement — as well as blowing any shot at a criminal prosecution.

Hopefully, it’s something you’ll never run into. But if you ever find yourself sprawled on the pavement looking up a looming bumper, maybe you can avoid making the same mistakes I did.

After all, it’s so much more fun to make your own.

Let the driver leave.

No, seriously. After knocking me to the pavement, the driver who hit me started to flee the scene. So I jumped up and blocked her from driving off until she finally turned off the engine and got out of the car.

Wrong move. Not only did I put myself at risk of getting hit a second time, it might have been better if she had run away. Police usually take a hit-and-run far more seriously than they do a mere traffic accident, even if you say it was road rage. Hopefully, any driver would have enough decency to stick around, but if not, just note the license number and get out of the way.

Don’t move anything until you have to.

First, make sure you’re out of traffic or that someone is directing cars around you. Then ignore the people who tell you to move it, and leave your bike exactly where it is. And try to keep the driver from moving his car, as well.

Both are now evidence, and the relative positions between them could help show what really happened. Move either one before the police tell you to, and you’ve eliminated a key part of the puzzle. Or at the very least, pull out your camera phone and take photos of everything before anyone moves anything. Trust me, you’ll need them once the lawyers get involved.

Shut the hell up.

This isn’t a bike ride anymore; it’s a legal case. Who was at fault has yet to be determined — and you are just as likely to be blamed as the driver who hit you, if not more. So remember that anything you say can, and probably will, be used against you.

In my case, I tried to attract attention and keep the driver from fleeing the scene by yelling that she’d tried to kill me. But someone told the police that I’d threatened to kill her, instead. As a result, they refused to give me her contact information — and threatened me with arrest if I tried.

So make sure everyone else is okay. Exchange information. Get the names and phone numbers of any witnesses. Listen closely if the driver or passengers say anything, and write it down if you can find a pen and paper. But keep your own lips zipped until it’s time to talk with the investigating officer.

You’re the victim. So act like it.

As soon as the driver got out of her car, she screamed that it was my fault for being in her way. So I found myself yelling back to defend myself against my attacker. Or at least, that’s how it felt from my perspective.

But as bystanders began to arrive, what they saw was a grown man yelling at a middle-aged woman — with no knowledge that she had just used her car as a weapon to run me down. So guess which one they felt sorry for?

I’m not suggesting that you lie or exaggerate. But how sympathetic you seem to the bystanders will determine whose side they’re on — and could influence what they tell the police.

Never refuse medical care

The fact is, you probably are hurt. But you may not know it yet, as the adrenalin and endorphins flooding your brain mask any pain.

So when the paramedics ask if you want to go to the hospital, the answer is always yes. The charges the driver may face will depend largely on the severity of your injuries, as will any future settlement you might receive. And the police will take the case more seriously if they know you’ve been injured.

I refused transportation to the hospital, so the official police report said I was uninjured. And that never changed, even after I was diagnosed with a broken arm and permanent vascular damage.

Be prepared for bias

As I waited for the police to arrive, I was surprised to hear bystanders, who had no idea what happened, say it was my fault because those aggressive, arrogant cyclists never obey the law.

But I was shocked to hear similar comments come from the supposedly impartial officer conducting the investigation. Even though I was stopped at a stop sign when she hit me, the driver claimed I’d run the stop sign and fell over while turning onto the cross street. The investigating officer said he believed her because “all you guys run stop signs.”

Expect to explain the evidence

The simple fact is, many, if not most, police officers don’t receive adequate training in investigating bike accidents. So chances are, they may miss or misinterpret key evidence proving who was really at fault.

In my case, the officers didn’t understand that it wasn’t possible to fall to my left while making a high-speed right turn, as the driver had claimed. And they didn’t grasp that the imprint of the chainwheel on my calf could only have occurred if my foot was firmly planted on the ground at the time of impact. So be prepared to walk them through the evidence. But don’t be surprised if they don’t believe you.

Don’t take no for an answer

This was probably the biggest mistake I made. After conducting their investigation, the lead officer said it was a “he said, she said” situation, and let the driver go without a ticket or charges — then tried to intimidate me by saying I could be charged with filing a false police report if I continued to argue with their decision.

It worked.

So I settled for an incomplete and inconclusive police report that virtually eliminated any chance of justice, financial or otherwise. What I should have done — and what you should do in a similar situation — was insist on talking to a supervisor and demanding a fair and unbiased examination of the evidence.

And if you still don’t get satisfaction, call the station and ask to talk to the watch commander.

Maybe if enough of us do, things will start to change.

Update: The LAPD now has four bike liaisons representing each of the four Traffic Divisions. You can find their email addresses — which is the best way to contact them — on the Resources page.

One more bit of advice.

Since my road rage incident, I’ve taken to wearing a helmet cam and recoding all the time I spend riding in traffic. It may look silly, and it may be awkward and inconvenient, but it’s your best way to prove what really happened in any traffic situation.

If nothing else, you’ll end up with lots of stupid driver tricks to post on YouTube.

 

3 comments

  1. lacyclist says:

    All good advice except that if you can keep the driver at the scene police could investigate for impaired driving. But if the driver flees it implies guilt which helps.

    Wearing a helmet cam records not only what happens to you but you may capture things happening to others too that may make you a hero.

  2. sdcylist says:

    BikingLA, Thank you for the videos. Can you elaborate on your camera setup. Also do you use a high power front and back light for day riding? Thanks to you, I’ve learned to be very cordial and ignore the hecklers, I point cyclists to your website when we converse about the dreaded topics we face as cyclists. I think cyclists should ‘arm’ themselves with blogs that identify the problem auto/motorcycle drivers i.e., vehicle types/area/license data. “Problem Drivers in California” documenting incidents.On another note in light of the Supreme Court decision on cell phones searches (and it’s a court opinion I need to read), if a cyclist is involved in any accident. The proviso of an accident should allow officers (or atty through the powers of subpoena) to check the recent log of that drivers cellphone or digital usage at the the time of the incident. However, It should be default as a result of a cycling fatality. 2. Drivers by default in road rage incidents, should be documented on a drivers license report , i.e. fault or nofault, or unk. But the data is there in case of future incidents. All in all be safe and ride defensively.

    • bikinginla says:

      I use a Contour Roam camera mounted on my helmet. I chose the Contour due to the more aero design compared to the GoPro; however, the GoPro seems to offer a better video quality. I went with a helmet mount so the camera would capture whatever I look at, rather than the static forward view of a handlebar mount. And I use MPEG Streamclip to process the raw video before editing in an older version of iMovie.

      And no, I generally don’t ride with lights during daylight hours. I know many riders swear by them, but I’m not convinced they make a rider more noticeable under daylight conditions. I also believe if a driver can’t see a 6′ tall bike rider in a bright-colored jersey, he/she shouldn’t be on the road to begin with. That said, I do believe in multiple lights and reflectors after dark and during adverse weather conditions; drivers have an obligation to see you, but you have an obligation to be visible.

      And I can’t find fault with your suggestions about cellphone use or attaching road rage allegations to a driver’s record; the former would require a search warrant, but that should be a given in any traffic fatality these days.

      Thanks for the kind words.

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