Legal advice needed

Discussion in 'The Bike Cafe' started by gravelmuncher, Jul 29, 2012.

  1. gravelmuncher

    gravelmuncher New Member

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    Been a long time since i posted, but i need some advice and this was the first place i thought of.

    OK, so I was just out doing some hill repeats, and on a left-hand switchback i had a green Tarago push around me, and shove me off the shoulder. It was pretty ugly off the shoulder, so I kinda leaned into the car until my foot clipped out, at which point I kinda fell into the side of it - whacking it with my hand in the process. That was kinda interesting, but was just the beginning. The green Tarago got past, but before the green Tarago even came to a stop the passenger door had sprung open and a giant angry wombat was striding towards me foaming at the mouth and calling me nasty names. Kinda figured at that point what i had coming, and he didn't let me down - a swift left hook to the side of the head. Managed to stay on my feet as the lenses flew out of my Rudy's - enough at least to brace myself for the next blow to the head, as I began the number-plate chant that i have taught myself over the years. "Call the f_____g cops c__t..." was the only understandable thing he said, as he stormed off to his passenger seat.

    Plenty of onlookers - one especially nice couple who sat just metres behind the action, too scared to get out. Got their number. Got his rego number. Got a photo of the side of my head. Got the cops coming over shortly for a chat. Apart from what i've already got happening, is there anything else I should be doing?

    Jo
     
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  2. jhuskey

    jhuskey Moderator

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    Go to a doctor and get a medical opinion on record for any potential injuries. If you seeks damages in a civil action this will be important.
     
  3. alienator

    alienator Well-Known Member

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    What he said. Also, do your best to not let the cops sweep the incident under the rug. After all, not only was the vehicle operated in an unsafe manner, you were physically battered. I don't know the laws Down Under, put it could be possible that his threat, daring you to call the cops, could be considered assault. Good luck to you. Hopefully everyone in the car got home to find their loved ones scrogging Corgis.
     
  4. gravelmuncher

    gravelmuncher New Member

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    Thanks for that - notably the Corgi image, which would indeed be sweet comeuppance.

    So, the cops just left. They initially had to split halfway through the statement due to a punch-up at the pub, but kindly came back to finalize the spiel. They did question "how far i'd like to take it" which hinted that they'd prefer it to go nowhere, but I insisted that I felt charges should be laid if indeed this prick had committed an offense.

    I have a government job, so I got plenty of time to attend court. I'd just like to be sure that i've ticked every possible square before I get there. Like I said to the cop - there's been SO MANY times i've called 'em to report a near miss, only to be told that there's bugger-all they can do about it. This time I want some action as a token for all the other times.

    I'm gettin' too old for this shit - after la Haute Route i'm gonna hang it up. :(
     
  5. Dave Cutter

    Dave Cutter Active Member

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    Oh come on! You were participating in your sport [and as a result] of your own choice... you hit the guys car. You can blame some guy on “green Tarago”.... but in the eyes of the guy that owned the car... you hit HIM... first.

    Apparently... the guy in the car is about as ego centric, immature, and spiteful as yourself. As he, like yourself, wanted some “token” revenge. The only difference is he has a pair.... and stood up to you himself. Now... you want to use some [other] branch of government to extend your power to [over?] the original victim. Maybe you're not just “too old for this shit”.... maybe you've become too soft for sports as well.

    Why not just man-up.... and accept the fact that you pissed a guy off. He was the victim (you stuck first) and in his eyes you were the aggressor.... and got your face smacked as a result. If it had been your face that you had planted on his car instead of your hand... the damage could have been worse. Just let it go.
     
  6. davereo

    davereo Well-Known Member

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    What planet do you live on.
    Couple of blows to the head by some predator who is most likely out celebrating his manhood of asaulting a cyclist by raping someones daughter using his pair again. To steal a phrase from another poster "SHITSTAIN".
    The OP was falling and bracing himself.
     
  7. alienator

    alienator Well-Known Member

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    Yep, and that's why we have laws specifically prohibiting such behavior. Even if the cyclist had initiated the contact (discounting the fact that he was being forced off the road by the driver), the law prohibits--in pretty much every civilized country--retaliating as the coward in the truck did.
     
  8. Dave Cutter

    Dave Cutter Active Member

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    Why... I live on Earth (third planet from the Sun).... I grew up here actually. I take it in your world... people travel around and live on other planets. You should discuss that with your Doctor.

    Predator???... and where does THAT word fit in to the drivers responce? Your planet must use words differently than on Earth... here we call them "motorist". There isn't anything wrong with celebrating manhood! Ask your Mother... if she didn't think manhood was worth a little celebration.... you wouldn't be here to post.

    "Raping somones daughter"??? Where does that stuff come from? Getting punched.... is just getting punched.... but something else you may want to mention to your Doctor. Are you afraid of all men?

    The cyclist chose to smack a car instead of taking it to the ground. The motorist was wrong as well for also being immature. So call in the Cops and the lawyers? Get real.
     
  9. Dave Cutter

    Dave Cutter Active Member

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    Or.... at least the OP SAID.... it was an accident! The cyclist (now in his words admittedly too old for this shit) got sacred and ran off course... then took it out on a car by damaging it with (what he NOW says was his hand). So the owner gets out of (what the cyclist had thought) was a parked car and bitch slaps him. [The cyclist didn't mention ANY damage to his face... thats a slap.... not a hit]

    This guy is just like the injured or ill that want other cyclist to tell them that: Yeah... ignore your Doctor advice. I don't buy the assaulting driver crap for a minute... and it doesn't sound like the police did ether.

    Sorry if a man hitting another man scares you guys so badly. But my Dad was a cop... and it isn't their job to babysit grown men. The cyclist is being a whiner.
     
  10. gravelmuncher

    gravelmuncher New Member

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    Spoke with the cops today. On the photo evidence supplied, alongside the witness accounts (another motorist phoned in) the guy was brought in and charges laid. Incidently, there was no mention of any damage to the car - other than a 40cm scratch from the pedal. Needless to say, that one's on the house.

    Perhaps I got lucky too - one of the cops is a former sponsored rider on road and mtb, and mentioned that the only reason he gave it away was because of all the tards on the road, and wife, and kids. Nice bloke - didn't strike me as the kind of hero cop that used to smack his attention seeking little boy too much.

    A few hugs go a long way - even amongst blokes.
     
  11. steve

    steve Administrator
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    Hopefully it works out for you. The police are pretty good at getting a straight story out of people.
     
  12. jhuskey

    jhuskey Moderator

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    I encountered several drivers yesterday that were in a big hurry, obviously late for their anger management class.
     
  13. Dave Cutter

    Dave Cutter Active Member

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    Great. Glad to hear Justice is being done.

    I am sure the defendants [the original victim that was scared half to death when he was hit by the cyclist] lawyer will be happy to have the case as well.

    I can't imagine how this situation could possibly end up as a win for anyone. But... I don't have the best of imaginations... so maybe there is a win in this for someone.
     
  14. danfoz

    danfoz Well-Known Member

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    Don't seel yourself short. The wildly imaginative scenario you presented is important to think about when initiating a case with the authority against someone who would engage in a shoving match with one's automobile on the road against a bicycle rider.
     
  15. alienator

    alienator Well-Known Member

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    ...a rider who was shortly beforehand forced to take action to prevent himself crashing off road as he was being forced off the road. There's never justification for road rage, and when happens to cyclists, it needs to be reported. No one wins when a road rager escalates to higher levels, like, for example, the California doctor/twat who was recently prosecuted for crashing two cyclists and causing injury.
     
  16. danfoz

    danfoz Well-Known Member

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    It's important to report the facts as they occured, and to be prepared for the opposing party to do just the opposite. Someone who uses their vehicle as a means of intimidation against a cyclist is very likely lacking the moral and ethical fiber required to deliver honest testimony.
     
  17. dofuuuff

    dofuuuff New Member

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    Hey Nicholas, u know me, buddy! Halfway between South Africa and Australia! I'm an IT Security geek 8). I do target specific training in the week (heart rate training). On weekends I usually do a race (80-100 k's), and a lazy two hour cycle on Sundays.


    --------------------------------------------



    Lunettes De Vue Ray Ban
     
  18. Dave Cutter

    Dave Cutter Active Member

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    Sorry.... those adversarial stories rarely prove to be true. It doesn't matter whether the story teller is pointing a finger at a racial person or group, religious group, political group,.... or even those evil motorist (AKA “predator” on certain other planets). In my life experiences.... those stories are without fail written [or told] to incite prejudice and bigotry in the readers.

    I have never met such a motorist. It's like I said.... I just can't imagine that story happening as it was posted. How could any cyclist in their right mind even remotely consider riding on the roads... it any percentage of motorists like that really did exist? Particularly... if the cyclist had a family, spouse, or employer depending on them.

    However.... it requires NO imagination whatsoever to accept that some cyclists have a deep dislike of motorist. I read it here and at other forums. And being a motorist myself... I've seen it in person. I just don't buy into the OP's story.
     
  19. Dave Cutter

    Dave Cutter Active Member

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    Someone who uses their vehicle as a means of intimidation or outright weapon against a cyclist total stranger is very likely lacking the moral and ethical fiber required to deliver honest testimony completely out of their mind. Have you or anyone you know ever considered possibility killing a total stranger? Likely... NO. That would be an insane act!

    However... causing someone to rage... is somewhat common and simple. A driver that nearly [ACCIDENTALLY] hit me once sacred me badly enough to trigger my fight or flight response [all humans react like that]. Fortunately... I didn't follow my emotions.... AND the driver sped off. But you are describing human reactions like are just never seen.
     
  20. danfoz

    danfoz Well-Known Member

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    That's what happens during road rage. Sometimes one can reign it in, sometimes it ends with tragic consequence. Your post seems to be making the assumption the driver was in a calm mood prior to the altercation with the cyclist. I'm running with the thread at hand and giving the fellow the benefit of the doubt. We could start another thread of insane acts carried out by motorists against cyclists, or we can just go to another popular thread on this forum to validate human actions and reactions of violence that stimey the imagination occur all the time, even though most of us are fortunate enough not to bear witness.
     
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