Travis said:AndrewJ said:Behind me comes a shout: "no freewheeling here". A mountain bike rider
went past me on my right. As he went past he grabbed my handlebar to
destabilise my bike. I went down. Broken arm.
Quoted message said:He came back and gave me his details, which I guess is a positive.
Sounds like he was showing off and in a moment of idiocy did something
he immediately regretted. If he was a genuine bogan I doubt he'd have
stopped, let alone given you his real name and all.
If it were me I'd call him and have a little chat about medical and
other costs and offer him the opportunity to pay civil compensation to
right the wrong, as an alternative to turning it into a criminal
matter with the police.
I must admit though that my feelings on this matter are somewhat
clouded by an episode in 1995 when I was beaten to a pulp by some
creep in a "road rage" incident. He didn't share his details, but I
did get his registration number.
When it got to court he just claimed that I started it. Lacking
conclusive proof to the contrary, and given the "beyond reasonable
doubt" standard of evidence which is so much tougher than "balance of
probabilities" where the court would have called him out on his
[censored], he was found not guilty.
My fear is that if you do take the court route he'll have every
incentive to deny responsibility and then you'll get nothing when it
emerges that nobody caught the incident on tape and can thus prove it
wasn't accidental. If you just ask for civil compensation (not tens
of thousands, but enough to pay for bike repairs and compensate you
for time off work, emotional hurt etc, he would most likely settle
immediately and feel eternally grateful that no criminal conviction
will blot his name for ever.
Of course if when talking to him it turns out he really is a complete
jerk who isn't the least bit sorry about anything other than giving
you his details, I say go right to the police and hope that the judge
sees things your way.
All this said, I'm not a lawyer (as such) and therefore have no idea
what the implications of the above would be compared to regular civil
proceedings, or any idea what a fair settlement sum would be. For all
I know in a civil case you might be able to recover vast sums...
I do hope you aren't permanently (mentally) scarred by it though. I
was nervous for a long time after that fwit attacked me, and enraged
for an even longer time when he walked. Most people manage to go
their whole lives without having a violent encounter of the sort
though, and realistically it is unlikely something like that would
ever happen to you again.
Travis
Thanks for all of the kind messages. It really helps. The aspect I
have trouble
with is that a cyclist would do such a thing to another cyclist.
Yes, I did do a police report. But there is nothing against the law
here.
Moving the bars might or might not lead me to go down. Even with
witnesses, if I was on the jury I'd want to see a video from several
angles. Even then it's probably not clear.
No, I'm not mentally scarred by it, but it sure is a low point. I'll
definitely
keep riding. But not sure I can do St Kilda Rd again in a hurry.
I'm pretty sure that if I had thought that he might grab at something
then I would have dodged left. So if a cyclist comes at you, dodge!
At the base of things here I have to believe that he can improve,
and will find a way not to do such a thing again. Of course he's
convinced that I'm going to sue him for lots of money, but I'm not
going to do that. BV insurance will cover everything, and I have lots
of accumulated sick leave.
Thanks again, see you riding.