JohnX

My prediction is a plea bargain for an 8 year sentence for aggravated assault, with 90 days jail time and balance on probation. this assumes he has a clean record which most likely he does.

SylvainG

Depends, if the cars in front are going near, at or faster than the speed limit, your justification to pass them has no relevance. On the road to my cottage, we take a 7 minutes dirt road but people not accustomed to that road go much slower (lots of curves) than those used to it. They often move to the right to let us pass and I appreciate that. If they are going near or at speed limit, why would I ask them to let me pass? So I can break the law?

mbailey

Neely has now told a Memphis station that he will will see the "gentlemen who collided with me" in court.

alathIN

No flame, but just curious: when you're riding on the right side of the lane, is that so cars can try to squeeze past you in the half lane space you've left open in the face of oncoming traffic?

I ride on the right side, but I fail to see what difference it makes in this situation. If you're a motorist coming up on a cyclist, and there's oncoming traffic or a blind corner, you can't/shouldn't pass regardless of whether the cyclist is in the right side or left side of the lane. If there's no oncoming traffic, and you can see the road ahead, you can still make your pass safely regardless of which side of the lane the cyclist is using.

mr_bill

"Inexplicable."

Good luck with that. I tawt I taw a bycicuh dwone by domeone danding in da woad.

Then again, a jury of "cyclists" might buy it, since it is "inexplicable" to get hit by a car if you use mirrors, take the lane, ride single file, ride further left, ride further right, go faster, go slower, wear hi viz, wear black, use a blinky, don't use lights, etc....

Jury of it couldn't happen to me.

-mr. bill

79pmooney

I've had two incidents riding in my county where motorists quite intentionally passed my very close. A pickup that immediately returned to the center of the lane and gunned the engine after nearly hitting my shoulder with the mirror and a truck that passed close. I checked my mirror, was the trailer that extended more than a foot out from the truck, moved to the road edge (literally 4" from dropping off the pavement) and watched the trailer go by 4" off my thigh. The truck was slowing to make a left turn into his farm driveway.

First incident, the pickup. I called it in to the non-emergency police phone and asked to speak to the sheriff. Got a call back from a deputy who knew both the owner of the truck and her boyfriend who was barred from contact (and therefore driving the truck.) But since I esaw the driver's face and focused on the license plate, the deputy couldn't do much beyond mention this the next time she saw him. (Apparently she had gotten know him quite well!)

Second incident, the truck. Called the same number and described what happened. HTe drive did not deny it and even told the deputy details that I didn't, basically cussing me out for not riding on the road edge. (I'd already said in the initial phone call that I was about 2' from the road edge, that there was no traffic at all besides the two off us, that sight lines were excellent and that I saw that a safe,proper pass was a piece of cake. Officer was on scene about 30 minutes later and got to see for himself exactly what I saw.)

Had either of these drivers hit me, it would have been interesting to hear their arguments. As it is, I just hope there is some record beside their name so if they do it again, there's precedence to be seen. (I suspect the deputy on the first one will remember, even if it never sees paper.)

And as for mirrors - it really saved my butt (quite literally; that would have been the point of contact) on that second incident.

Ben

Ninety5rpm

On blind curves when i don't want them to pass I retain control of the lane (my default position) to encourage slowing and discourage passing. Once out of the blind curve with no oncoming traffic, I'll move aside to release them.

Boondocksaints

I don't understand what your point is? So you hope the guy doesn't get charged? lol

facial

IMO the main problem is encapsulated motorists who think that they have the inviolable and sacred right of using their 5000-lb. planet roasters with the impunity that they so please and that a slowdown of 5-10% of their missile-like rate of speed is somehow tantamount to castration without anesthetic. Something's gotta change that psyche.

genec

And how does that work when the motorist chooses to cross the double yellow, go all the way into the oncoming lane, in spite of the blind curve, and then cut back toward you just a bit short of a complete pass?

jwalther

There is exactly a zero % chance the video would be inadmissible should the matter proceed to trial.

phoebeisis

It was on NBC 2 days ago 7-10-17
They reported that the driver said
"didn't see the rider didn't feel or hear the impact -"
obviously he has talked to a lawyer
and is mounting the only defense possible-
Now my guess is his response to "why did you change lanes to pass someone you didn't see"
will be-as others said "because truck in front of me did"
maybe he will claim the riders were "hidden by his A-Pillar"
but Volvos are usually designed very well for sight lines

He will plead out to "something minor"
Perhaps he has done this before?
If he has someone will speak up-
Volvo SW or SUV-black- with the stickers-would l stand out
Nerdy/Yuppie mobile like that-just aren't common
If he did this intentionally
this won't be his first time at bat
Faintly possible he will claim "I was distracted by TEXTING or just staring at my freakin phone"
If he can prove that-it would a much better defense than "I hate bike riders who "take the lane"

Since the rider has no significant injuries
claiming he was DISTRACTED would be best bet-
It explains the "didn't see didn't hear"
and it plausibly explains why he would just mechanically follow a truck-
half paying attention

Yeah if he has a decent lawyer-and no past history
this will be a MONEY EVENT-not a jail event

But close to ZERO chance this was his first time at bat
I suspect he intended to closely shave the riders-because he was pissed that they "took the lane"
but he wasn't competent enough to pull in close without hitting them
Yeah incompetent bully


No injury-probably means no jail time-just $$(unless he has a history of this-taped history or online comment history)
Yeah someone needs to legally-get into his devices-track what he says online-
Yes hack him-legally of course--see what he has been up to
I wonder if there is a VOLVO forum?
Or a I hate bike riders who lane control forum

phoebeisis

Don't lane control-(meaning ride in the middle or left center)you CAN'T control a distracted driver or a pissed off driver
FRAP and cross your fingers because TEXTERS can wander was wide


Yes you will say I am blaming the victim
I will say "yes I am" to some extent
An adult would KNOW that left of center will piss off AH's-and get him hit


Is anyone here really not aware that DRIVERS- many drivers- are angry at bike riders?
And does anyone here actually think that a left of center position-forcing a very wide pass
WON'T piss off an AH even more??
Duh-don't ride left of center
It isn't protective-especially in the AGE OF TEXTING
FRAP and pray


Now the rider-apparently inexperienced-so his camera toting buddy is at fault

and this driver-will get off the hook-unless his devices are penetrated and he has a history that suggests he would like to do this


FRAP and cross your fingers

mbailey

"Yeah if he has a decent lawyer-and no past history
this will be a MONEY EVENT-not a jail event"

Last year down the Trace in MS, a driver did a hit and run on a bicycle with no video and is serving 18 years. Injuries but no death were the result of the hit.

Neely has a bad case. All the talk about not seeing the bicycle is negated by his statement to police that someone threw a bicycle at his car. He KNEW that there was a collision with a bicycle. And he didn't stop. And he lied to the police. Now he's lying to the media.

This will be a jail event and a media event. If he'd kept his mouth shut from the get-go, he might have had something.

Now, he does not.

phoebeisis

mbailey-
Good points-but just how certain are we that he made that foolish statement to the cops?
The cops usually don't release that sort of statement-
The driver-school administrator-probably SMOOTH talker clever SOB
probably would have gotten legal advice IMMEDIATELY-
But if he actually said that to the cops-he is somewhat screwed-
but NO INJURY to speak of-no victim large plaster casts-in hosp bed-tubed-ventilator-death's door

I still like the driver's chances of dodging jail -
hard to believe he didn't keep his mouth shut
Amazing how people who think they are smart-and are "book smart" are sooo damn dumb!
think they can outsmart cops who make a living jailing people who think they can outsmart them!
You can't outsmart cops-they do this all day long-just shut the heck up(just like the brighter TV criminals)

Oh I went to the comments section of a report of the hit
Many comments were anto bike rider
The most reasoned one is below-it says-more or less-FRAP-doesn't attempt to defend intentionally hitting a rider-that isn't possible

I am referring to riders on narrow roads with hills, curves, and no passing for miles such as Northshore Drive, Yarnell Road, Bob Gray where the speed limit are 45 where 12 riders ride 3 and 4 abreast.

TCA-55-8-175
Any person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway...”

Persons riding bicycles upon a roadway shall not ride more than two (2) abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. Persons riding two (2) abreast shall not impede the normal and reasonable movement of traffic and, on a laned roadway, shall ride within a single lane

FenderTL5

I live less than two miles from where the incident took place.
My guess is: it'll be 'viral' for a few more days then disappear and we'll never know what happens.

phoebeisis

The below-is one cut from what the driver claims happened
He is Obviously-trying to back off from his "someone threw a bike at my SUV" statement
Duh-guessing he didn't get legal advice before cops arrived-
he didn't know the hit was recorded-hoped he could just lay low-get away with it
figued he would save on a lawyer fees- frugal
I would still bet-if he has sufficient $$$-that he gets no jail-
he will buy off rider-rider will ok some NO JAIL plea
Now if he DOESN'T have the $$ to buy off the rider(and lawyer) he might end up in jail
So jail no jail all depends on $$$$ to buy off rider
Fender is right-in a week this will have disappeared from everywhere but here

Marshall Neely spoke with News 2 via phone Monday afternoon, claiming, “I did not see the gentleman that I hit. He just kind of came from nowhere. I didn’t know I hit him.”

Bicyclist Tyler Noe was thrown to the ground and injured in the hit-and-run.

Neely, who was arrested after the incident on Saturday, says his car has been impounded by police.

He later agreed to an in-person interview, though only audio recording was allowed, saying in the days that followed the hit-and-run, he he has received several death threats.

According to an arrest report, Neely told authorities he believed a man threw a bike at his car. However, he told News 2 he’s uncertain if that happened.

PatrickGSR94

What difference does it make? Can't fix stupid. The motorist has to cross the line to pass no matter if you're at the edge or in the center of the lane (on a narrow lane). And actually, an offset frontal collision that might happen with a car passing just part way over the line can be much more serious for the driver than a straight head-on collision at the same speed. More momentum forces are concentrated in a smaller area on the driver side of both vehicles in an offset frontal crash.

My preference is to COMMUNICATE with motorists behind me. Not safe to pass? I stick my left arm out and make a motion for them to hang back. Then when it's safe to pass, move to the right tire track and wave them by, and give a wave thanks while doing so. Most people are appreciative or at least indifferent. I have never experienced animosity or punishment passing while doing this. But, there are a few numb-nuts who will ignore my signal to wait, and pass on that blind curve or pass anyway. I have many videos of "mindless motorists" doing this, but by and large they still give me plenty of space when passing.

PatrickGSR94

Wrong wrong wrong. The fact that distracted drivers drift over the edge line is exactly why you SHOULD be controlling the lane!! Think about distracted drivers. We've all been distracted behind the wheel at one time or another. Fiddling with the stereo, kids in the car, something fell on the floor, phone, eating, whatever. Do you ever drive for miles and miles and miles on end without looking at the road? No, that's physically impossible. When you're distracted you at least glance at the road every so often to make sure you're still in the lane. And those quick glances are when edge riders get overlooked. Being DIRECTLY in the line of sight of the driver gives you the BEST CHANCE of being seen as early as possibly, sometimes from even a half mile out or more if you have good flashing lights. And when there's something different in the motorist's line of sight, they're more likely to "snap out of it" and pay more attention to that different thing in front of them, at least until they've safely passed that different object (cyclist).

genec

oops, we have a disconnect... I am not suggesting that one hug the edge... just that any thought of you actually being able to "control" a motorist is not really happening.

Yes, cooperation is the key... some drivers get it... they treat you as human and share the road... others (not too many thank you) just treat you as road dirt and will do the stupidest things for their "roadhog" fix. Rolling coal is an example... what the hell is that?

That you have never experienced animosity or punishment passing is lucky... there are plenty of examples shown here on BF... It does happen.

mr_bill

Maybe you should view more of Patrick's videos. It's not all rainbows and sunshine while he's riding.

-mr. bill

genec

If it ain't all rainbows and sunshine, how does he say this: "I have never experienced animosity or punishment passing while doing this."

There is some sort of disconnect there...

Heck I've had stuff thrown at me while I was in a bike lane, well out of the traveled way... does Patrick communicate "don't throw stuff at me" when he's on the road?

Ninety5rpm

No idea. I make sure the motorist knows I'm in control and is following my lead before that point. It takes communication. I suppose if it did happen despite my communication I would use all that space on my right I'm leaving available for just such a situation.

mr_bill

I suspect roses are involved.

-mr. bill

Tony P.

I'm not surprised I'm in the minority (particularly on a website promoting cycling) but I think the clown on the bike was wrong - not legally, but as someone who should show common courtesy. I mean just because a cyclist has the right to use the entire lane doesn't mean he should. I think most cyclists agree with that, which is why we don't take up more road than we need.

Most bikers have no place important to go and are in no hurry to get there. We tool along at under 20 MPH on roads where 2-ton vehicles can do 2-3 times our speed and many of those drivers have appointments and other responsibilities that shouldn't have to be delayed because an inconsiderate fool wants to demonstrate his right to inconvenience others.

Beyond that, the idea of playing chicken with a car or truck tells me they guy used to ride without his helmet.

For the record, I've been hit by a car and squeezed off the road more than once so I give myself a little extra space when I need it. That doesn't mean I don't care about anyone but myself.