Cycling UK Forum

Have to say that I almost had the same thing yesterday (Mon) when a moron pulled out of the junction on the left.. I braked and swerved around him, yelling thank you as I did so. He just gave a hand signal* and drove off.

*Not listed in highway code!

Prosecute!

Dave.

If the car was moving with you under it did you use your foot to get out from underneath or to attract the drivers attention (remember he might not tell the truth)

Hmm, some years ago a motorist cut across me when he turned right into a car park, a few expletives and I carried on. Only to be confronted by aforementioned motorist who brought me to a halt and grabbed me by the neck. Only got part of his number, and was unsure if I should report him to the police, after all I did swear at him. In the end did so and police thought language was not in appropriate in the circumstances, his response was, it was an assault on a woman in a dark lane, so they hauled him in for questioning. Did not go any further as no witnesses, but at least gave him a nasty warning.

He did assault you and knock you out regardless of what you did, yes, I know he probably would not have done so had you not kicked the car, but equally he would have left the scene of an accident.
Also he hit you in front of a child, this is actually a form of child abuse.

alibev -

I can't tell you how much I sympathise with you. I have been hit several times, and the club's legal department has always sorted me out.

There is doubt about who was right and who was wrong in your case, you were certainly not morally wrong - it was an understandable instinctive reaction. The motorist is apparently one of those maleavolant examples of low-life who is oblivious to other people and knows neither right from wrong nor why it matters. Put this kind of sub-human behind a steering wheel, and it's bad news for us all.

I very sincerely hope that this all resolves itself with no disadvantage to you - I will keep looking on the thread for your updates.

Good luck.

JohnW

benm wrote:unlike the other poster who seems, to me at least, to have really destroyed the taxi

i don't remember you being there

it was the same type of thing. one lash out with a common shoe in anger, and the 0.8mm metal dents. it needs filling and then painting.
filler, paints, consumables, labour, VAT...easily makes £350. have you never had a car repaired?

benm wrote:the degree of damage you caused is minor and should be dealt with by the fixed penalty system

i especially like your use of the word should. it's an easy gamble with someone elses (so far lack of ) criminal record. i guess that his concern about this issue is because of his career......

my advice remains the same. hope that the general karma of the universe will sort him out.

A solution may be fortcoming. Riding passed the same road this morning that the car pulled out of I noticed it parked further up the street. It seems he must live in that street. So tomorrow morning (very early) I will ride past and see if there is any damage. Actually, I might do it on foot with a false beard and disguise as I would be far too nervous if I thought he was just about to open his door and walk out. Don't worry I won't be kicking anything.

Regarding not being there.... I imagine there are things you are not telling us regarding the evidence presented in your case... oh well, I guess that's the wonder of the internet, it is all half stories

Seen on a Taxi Forum I frequent :-
"cor m8, you should have been there. I was coming out of sprocket close, and this nutter on a bike came flying into the side of my motor. there was no way I could stop. I got out to see if he was all right and all he did was go off on one. He was so angry that even though I am a big guy I was frightened that he would hit me, so I got back in the cab. As I went to move the car out of the road he stood up and kicked the door of the cab. I mean, you know that No one touches my cab. I saw him banged to rights though, he was in front of the magistrates. I nearly wet myself when he got a £250 fine and had to pay for the car to be fixed - I stitched him up there as well. What a T*sser"

>>my advice remains the same. hope that the general karma of the universe will sort him out.

Which is why there are so few policemen around to deal with the multitude of problems - if no one tells the 'authorities' what is going on, how can they justify the extra expenditure on resources?
If there are no reported problems, 'they' don't need to pay to fix them (a bit like filling holes in the road I guess ).

B.

benm wrote:Regarding not being there.... I imagine there are things you are not telling us regarding the evidence presented in your case... oh well, I guess that's the wonder of the internet, it is all half stories
.

you assume that you know it all. you know nothing of it. you are obviously being childish and obtuse to try to annoy me

i was walking, not riding.

he drove at me when i was crossing and he was coming out of a give way.

i landed on the bonnet (i was not required to pay for the damage to the bonnet)

the issue was criminal damage to the door, of which i was found guilty.
indeed, i was guilty - one stupid, angry, kick to the door with an ordinary shoe. the result was a record for criminal damage.

No doubt at all, you should report it. His was an assault against the person. He has no defence as he should not have done it. The police should take it seriousley. As far as you offence is concerned my guess is that it could well be dealt with as a caution.

You should also get some photo's of the damage that he did to you. Could be useful in Court.

The approach anyone should take in these circumstances is - don't react. As we've seen, a reaction, however understandable, is potentially going to put you in the wrong. Defend yourself by all means, but only use sufficient force as is necessary to keep you safe.
With regard to this particular incident; if you report it there is the chance of a counter allegation of criminal damage (or attempt criminal damage) to the motor car. If there was no damage you may be ok but it will depend on whether there was any witnesses. Similarly you will need witnesses regarding the assault. There is also the issue of failing to provide name and address after an accident (section 170 of the Road Traffic Act).
Yes, offences have taken place. Do you want him prosecuted? Are you prepared to be prosecuted? These are decisions only you can take.
Personally, if I'd kicked his car and he'd twated me one, I'd take it as a fair reaction, similar to the one that caused me to kick the car in the first place. He didn't beat you to a pulp - that wouldn't be acceptable. One punch? I'd call it quits.

You kicked the car because he was leaving the scene illegally, right?

If he hadn't been doing a "hit and run", you wouldn't have kicked it, I suspect?

I always thought the law protected people before property, or is supposed to, so hitting someone is more serious than kicking a car.

Mrs Tortoise wrote:so hitting someone is more serious than kicking a car.

of course it is far more serious.

but kicking a car could land you with a conviction for criminal damage
and this would be detrimental to ones career.

Wow, I can't imagine not reporting this to the police. Everything up to the punch in the face could have been handled by a policeman if one had been called. I agree that the kicking of the car is probably what touched this fellow off, but this was clearly aggravated assault. In the US, aggravated assault is a felony and this guy would have been dragged away in handcuffs. The fact his daughter was present would have made things worse. Your kick was the result of your attempt to stop this fellow and sort out the situation; it would go unnoticed in court. If you know where the car is, perhaps a gallon of gas and a lighted match will teach the Neanderthal a lesson (just kidding).

Some years ago I saw a car cut up a cyclist, turning left across him into a side road off Oxford Street without indicating - not that winkers would have made a difference. The rider was forced into a turn with the driver at speed and hit the side of the car. The rider was shaken up and angry but when the driver got out and accused him of damaging his car with the impact the cyclist saw red.

He systematically trashed every panel of the Mini with a karate kick, the driver chasing him round threatening to kill him. Even the pedestrians thought it was funny. In the end the motorist picked up the bike and threw it to the ground then tried to keep it 'hostage' to get the cyclist to pay up. Didn't see the outcome as everyone got bored and walked away.

The moral (if there is one), if you're going to take material retribution, do it properly.