Van driver abuse

[peetee]

I have just been the victim of assault by a van driver. He made no attempt to give way as I rode up a narrow road and swung out around parked vehicles to my side of the road within inches of my handlebars. I wobbled and raised my arm against the side of his van. I thought that was that but 1mile up the road he appeared in front of me, drove to my side of the road cutting off my path and abusively argued his right and my wrong. His temper got worse and got out of his van as I tried to ride away, kicking my bike to the ground and breaking the cantilever mount.
Clearly a man with stress issues way beyond what I have caused by my lowly existence.

[richardfm]

Did you get his registration and report the incident to the police?

[peetee]

Yes, reg plate and a photo of his reflection in the drivers mirror. Local cop shop is closed for the day and 101 is too busy to take my call.

[foxyrider]

1AB01868-8E61-4ED1-897E-0403F4FD55FD.jpegYes, reg plate and a photo of his reflection in the drivers mirror. Local cop shop is closed for the day and 101 is too busy to take my call.

Sorry to hear you've been attacked.

Clearly based quite local to you if the 'Kernow' sticker on the rear is any indicator - do follow this up, you've been assaulted and your bike damaged, he's done it once, if he gets away with it he'll do it again and maybe the outcome will be worse.

[Richard D]

Similar thing happened to me on last Saturday's group ride. I was about 500m behind the rest (courtesy of a dog running out in front of me, forcing me to slow right down and look for the owner). Very narrow lane, van clearly deciding to charge straight down the middle, but he stopped to F and blind (presumably because my mates had given him some lip for doing the same to them).

So he and his mate got out, more F ing and blinding (plus "road tax", obviously), before threatening to stab me! I made myself scarce at that point.

Some bloody nutters driving these days, and I will never again ride anywhere without a camera.

[peetee]

Yes I am sure he is local. He clearly didn’t like being told he was in the wrong. He argued that as he had waited behind the parked vehicles for oncoming traffic I should have given him right of way. Utter shash. Apart from his twisted logic there were no vehicles in front of me and I saw him approach and pull around the parked vehicles without slowing. This photo shows the point at which he drove at me

There was a line of parked cars in front of the silver one - which is only a little Fiesta so you can appreciate how close the much larger van was to me in the space available beside it.
I thumped the side of the van as I put my arm out to prevent me from steering/falling that way as I had dodged his wing mirror and tried not to scrub the kerb. He had decided to be an intimidating bully when he pulled out and chasing me down was no different. The argument ended with him leaving the cab shouting “I’ll give you **** right of way” at which point I tried to ride away. He must have kicked out (He was behind me) as the bike and me were pushed into the verge and the brake was snapped off. My winter bike is now unrideable and the frame will have to be sent away to have the brake boss replaced.

[Pebble]

if you can prove he has followed you so as to continue the incident I would imagine the cops will treat it as though it is a real crime and not try and brush it under the carpet as they do with most road stuff.


(just to clarify I think the initial incident was a very real and serious crime, but I am well aware that many police may think it is an incident in a parallel universe or something)

[cycle tramp]

Yes I am sure he is local. He clearly didn’t like being told he was in the wrong. He argued that as he had waited behind the parked vehicles for oncoming traffic I should have given him right of way. Utter shash. Apart from his twisted logic there were no vehicles in front of me and I saw him approach and pull around the parked vehicles without slowing. This photo shows the point at which he drove at me4F3FD13F-7444-409E-86E1-3DF828A8D224.png
There was a line of parked cars in front of the silver one - which is only a little Fiesta so you can appreciate how close the much larger van was to me in the space available beside it.
I thumped the side of the van as I put my arm out to prevent me from steering/falling that way as I had dodged his wing mirror and tried not to scrub the kerb. He had decided to be an intimidating bully when he pulled out and chasing me down was no different. The argument ended with him leaving the cab shouting “I’ll give you **** right of way” at which point I tried to ride away. He must have kicked out (He was behind me) as the bike and be were pushed into the verge and the brake was snapped off. My winter bike is now unrideable and the frame will have to be sent away to have the brake boss replaced.

Porthleven! One of my favourite places, and right in the centre of one of my favourite and least travelled routes, from the Lizard YHA to Mousehole along the coastal paths.
How was the harbour looking?

..Sorry to hear about the van incident..

[peetee]

if you can prove he has followed you so as to continue the incident I would imagine the cops will treat it as though it is a real crime and not try and brush it under the carpet as they do with most road stuff.


(just to clarify I think the initial incident was a very real and serious crime, but I am well aware that many police may think it is an incident in a parallel universe or something)

He found me several junctions later. He had circled round the village and he was driving towards me, so was facing the same way as when the incident occurred and therefore was primed for a scrap, not on his way elsewhere.

[jatindersangha]

He found me several junctions later. He had circled round the village and he was driving towards me, so was facing the same way as when the incident occurred and therefore was primed for a scrap, not on his way elsewhere.

If the reporting process permits it - you should say that your were "targeted" - after the first altercation, he targeted you and went out of his way to find you.

I'd have reported it via 999.

--Jatinder

[eileithyia]

If I could not get through on 101 (never have) I would have used 999, or look on line for an online reporting form... many police forces have these and will take uploaded footage of the incident. This was an assault that was continued deliberately.....

PS as a white van driver we are not all like that...

[peetee]

If I could not get through on 101 (never have) I would have used 999, or look on line for an online reporting form... many police forces have these and will take uploaded footage of the incident. This was an assault that was continued deliberately.....

PS as a white van driver we are not all like that...

Understood. No stereotyping implied.

[reohn2]

Revenge is a dish better served cold,it's just a matter of finding out when and where

[peetee]

Just hope I don’t fall into a legal loophole with this one.
British Cycling solicitor says they can’t proceed because it is a criminal case.

[slowster]

I suggest you check the small print of your BC policy. I suspect that the BC solicitor may mean that they would not get involved or pursue at this stage while a police investigation is being undertaken and while a prosecution is possible or pending the outcome of a prosecution. That is logical because if there is a successful prosecution you would automatically win a subsequent civil action for damages, because the standard of proof for a criminal prosecution (beyond reasonable doubt) exceeds the standard for civil action (balance of probabilities). Even if there is an unsuccessful prosecution that would not prevent you winning a civil action (because of the lower standard of proof), and again it may be better to wait for the outcome of the prosecution to be able to use the evidence gathered by the police in the civil action.

It makes sense for the solicitor not to duplicate the evidence gathering of the police, and to wait for the outcome of the police decision regarding prosecution.

Edit - However, it might also be that BC solicitors will only act for you if it's a case of civili liability for negligence (where there is likely to an insurance company who would pay, such as the driver's motor insurer). It might be that pursuing damages caused by deliberate criminal assault are something which they do not cover (although given the frequency of reports of road rage incidents, I would consider it very disappointing if that were excluded). That said, the courts do have some powers to order convicted defendents in criminal cases to pay compensation to the victim).