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.
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.
Those of us in Los Angeles have one more option. If you still don’t get satisfaction, you can call Lt. Andre Dawson, who has been appointed by new LAPD Chief Beck to look into complaints from cyclists, at 213/792-3551.
And maybe if enough of us call, 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.
Bikerowave hosts its first swap meet this Sunday. Jeremy Grant tackles the intro to LA’s Best Bike Plan. Meanwhile, a couple of LAPD officers attempt to tackle Critical Mass. Literally. Metro is still looking for volunteers to conduct an Orange Line bike study, while Damien catches an LADOT worker riding the wrong way on the sidewalk. The Silver Lake Neighborhood Council offers improvements to the new bike plan. Bellflower gets a new 2.3 mile Bike and Pedestrian Path (the name needs a little work, though). Philadelphia papers are up in arms about cyclists, while The N.Y. Times asks if that could mean trouble for Gotham riders. About that 300 miles of new bike lanes new York installed in the last three years — make it 299 now. I don’t recall anything in the Bible about blessed are the bike lane blockers. A Michigan drunk driver who killed a cyclist gets up to two years per beer. A Detroit cycling organization offers effective responses to common arguments against accommodating bikes on the roads. San Francisco gets its first new bike lane in three years. Yet another music video featuring cyclists — naked ones, this time. Attention expat wannabes: London needs more good wrenches. Finally, I thought this cycling psychiatrist was off his rocker when he said those on four wheels have disdain for those on two, and those on two wheels have disdain for those on two legs — until I read this letter from Philadelphia.