italianstallion

A few months ago I was riding by myself along a narrow street. Posted speed limit of 25mph, no shoulder, no bike lane. I was riding the white line when an SUV passed me easily breaking the 3 foot law required in Florida. I was going at approx 22 mph at the time and needed to apply the brakes to avoid being hit as he cut back in front of me too soon. I gave him the finger as he accelerated ahead around a curve and out of sight.

About a half mile later or so the SUV was stuck in a line of cars stopped behind a post-office truck delivering mail. He was favoring the left side of the lane. As I approached at approximately the same speed, there was ample room to the right of his vehicle and the two vehicles ahead of him for me to pass up to the postal truck. As I approached, the postal truck began to proceed forward, and I continued on my line approaching the SUV while not slowing. As I approached, the driver of the SUV swung his vehicle to the right, directly into my path, forcing me to swerve left to avoid hitting him and/or ditching my bike in the curb/grass. As I swerved left, he also swerved left, striking me with the broadside of his SUV and used his vehicle to push me out into the oncoming lane. After hitting me once, he swerved right as I slowed to get out of the situation, but then he slowed and swerved left again to try and hit me. At this point I went into a sprint to avoid getting hit again and turned off the road. The SUV was nowhere in sight. The person driving the vehicle behind both myself and the SUV pulled over, said that she saw everything, and gave me the license plate of the vehicle and information that could be used to contact her.

I called the police, who ended up contacting my witness who also corroborated my story as stated. I saw the driver for a fraction of a second, and the initial description I provided to the police matched the owner of the vehicle on file from DMV. However, because the police were not able to track him down at his house or on the road, Florida law required me to pick the driver out of a lineup. The following day I attempted the lineup, which was 6 potential suspects printed on normal computer paper in black in white. I incorrectly identified the suspect.

I have not heard any additional updates in the months since. After I did the lineup the police said the State Attorney could still file charges regardless of my incorrect identification. I was not injured, so I doubt anything will happen. Looking back I realize how dangerous of a situation I was in, and I'm glad I was able to learn a lesson from it vs. getting killed from it.

hooCycles

I don't think that examining the facial structure of the driver would have been my primary concern while I was being assaulted by a person driving a two-ton vehicle.

canklecat

Depending on state or local laws the owner of the vehicle may still be liable for injuries, damages and penalties associated with use of his/her vehicle. In a civil court case the owner may be compelled to testify as to who was operating his vehicle at the time. Shop around for attorneys and see if you can find one to take the case on a contingency basis.

It's worth pursuing. I'd be inclined to overlook a passing spat. Happens all the time, including today when a passing SUV driver yelled at me to get off the road. I just smiled and waved. If he'd stopped or continued the incident I'd have asked how his anger management classes were going. But if a driver escalated the incident, especially repeated attempts to harass, threaten or attack, I'd feel obligated to get that driver off the road until he or she knew there were legal consequences for bad behavior. If the driver feels free to attack you, he'll probably do it again and probably has done it before. Unlike isolated temper tantrums that pass in a few moments, repeated, escalated serial incidents rarely come out of nowhere. That's a dangerous pattern that needs to be addressed.

italianstallion

That's my main concern really. It happened a couple miles from home (and a few blocks from his) on a road I travel nearly each time I ride. I don't want to meet this guy out on the road again, and I certainly don't want my friends meeting him either. They had to haul the guy in to get his picture for the lineup. Part of me hopes that was enough for a least some self reflection. I did contact a few lawyers about the case...they said without injuries they weren't willing to pursue this civilly. Certainly makes me think a few cameras would be worth the expense.

Chris0516

Did it happen on a two-lane or four-lane road?

pressed001

Wow man. It is unbelievable that the state would not pursue and prosecute the offender. That kind of behavior should be made an example of wherever it exists in our society. When the state here fails,hire a lawyer and get this guy's license taken away and hopefully locked up.

hatrack71

Definitely follow up before that ******bag kills a cyclist with those antics. What a turd. I don't believe I would've been able to restrain myself from breaking out a window on that vehicle after it hit me. Seriously, some people deserve to have the crap scared out of them to snap out of their social comas. But that's bad advice on my part. Having been the victim of a hit and run that was a car's fault, I can sympathize. Situations like this really get my blood boiling.

Dave Cutter

Looks to me like you invited the problem! If you didn't learn that.... well what could I add.

Trevtassie

Ahhh, I see, attempted murder is the correct response to getting the finger after cutting someone up, thanks for clearing that up.

italianstallion

I told the responding officer that I gave the driver the finger. He said it was my first amendment right to do so and that it gave no right to the driver to assault me a few minutes later.

Oh and this was on a two lane road.

Dave Cutter

1. You are NOT the OP. I did NOT even hint that the responce was "correct".... just expected.

2. Your responce is the perfect!!!!! It was the perfect OVER-REACTION!!!!

3. Do something as stupid as filp off a perfect stranger.... and expect a serious OVER REACTION. If you are not prepared for a violent exchange... don't flip the bird.

Dave Cutter

The officer was correct! Did he also explain that his entire career will be built on the actions of those that have absolutely NO CONCERN for the rights of others.

bakes1

No. Attempted murder is of course never the correct response.
But risking escalating a situation by flipping the bird is also never a good response.
I am in no way siding with the driver in this situation as he appears to be a dangerous lunatic and should absolutely have been arrested based upon the OP.
I have also flipped off a driver or two in my time.
But either way I think Dave's point was simply that we all could learn a lesson here and try to refrain from doing so whenever possible.
When you flip someone the bird you are without question issuing a challenge. People quite often tend to forget this. And only a fool challenges a two ton car while on an eighteen pound bicycle imo.
If you are walking down the street at night and an NFL linebacker sized person happens to bump into you or impede your path do you flip him the bird? Probably not. You most likely just keep moving along your way because you realize that flipping him the bird will result in you getting into a lopsided fight.
It's the same principle.
If you are not ready or are unable to back up your actions you probably should rethink them on occasion.

italianstallion

Which is exactly the lesson I learned from this. I need to have thicker skin when I'm on the road because I'm at a severe disadvantage.

bakes1

Yep.
It isn't exactly right but who said life was always fair?

italianstallion

Life is definitely not fair, but at least I was able to live and learn from that lesson. I think life was pretty fair in that regard that day.

FBinNY 

There's no civil claim here. Civil court is about compensation for damages, and there are none.

bakes1

100% correct.
But this is A&S so you need to take into account emotional damage...

Digital_Cowboy

Glad to hear that you're okay after your ordeal. And hopefully this case WILL go somewhere and the driver or owner of the SUV will have to answer for his actions.

Just the other day I too had an arsehole of a motorist behind me. I was on a narrow and quite residential road heading home. This street sadly allows on street parking and while we were passing parked cars he was polite. However sadly after we/I had passed the last parked car he starts honking at me, and when I signaled that I was getting ready to make a left hand turn THAT is when he decides to pass me. Earning him the bird.

Agreed, this motorist needs to be reined in and fast before he actually hurts someone on the road. His next victim could be a small child or elderly person.

Digital_Cowboy

Is there any chance that at least for a short time that you can reroute your trips? Any chance that you can post a few flyers on the street poles to see if he's done this to others? As this is probably NOT his first time doing something like this.

Agreed, and with the police/state having his license plate number a positive ID shouldn't be required. As either the owner was driving or if it the SUV wasn't stolen they'd know who was driving their car.

Really Dave, you think that attempted murder is an appropriate response to being on the receiving end of "the bird?"

+1,000

Digital_Cowboy

Exactly, and given the motorists actions he shouldn't have been surprised to be on the receiving end of "the bird."

Dave, I'm sorry, but IF I "flip" off a motorist I do NOT expect them to try and kill me with their car. Nor do I think that most people would expect that kind of response from a motorist or anyone for that matter.

I've flipped off plenty of motorists who have endangered my life safety/life on the road and NONE of them have come back and attempted to kill me with their cars.

pressed001

Roger that. So where is this going? Are you taking action or what? This could be an easy case if you choose to pursue it. In fact, the state might decide to become more helpful if you go to a news agency with your story...

Hoonigan

In California something like that could be considered a felony. Follow through and maybe contact the PD and just respectfully ask if there's any update involving your case. It really helps to have an uninvolved party as a witness. Best of luck OP!

italianstallion

Thats what I need to do tomorrow. I'm going to call the police and just see if there's any movement. It's a second degree felony down here, more specifically aggravated battery, with mandatory prison time if convicted.

CrippledKonaBoy

There is no verbal or gestural 'provocation' that warrants violence. Quote me a law that says otherwise or crawl back in the jungle.