I was riding in critical mass on Friday and was run down by a car. He hit me from behind intentionally and the police let him off with a ticket for inattentiveness as opposed to vehicular assault. They collaborated with him to create a story that he was waving to someone on the sidewalk and did not see me, even though I had two witnesses that saw him accelerate into me.
I'm wondering if there is any precedent for disputing the police's claim, so that the driver can be charged with what he actually deserves.
Thanks,
Jack
pete jr
Posted: Mon Apr 02, 2007 12:45 pm
Joined: 13 Dec 2005Posts: 1930Location: balls deepx
gather witnesses and statements. i guess this is a bit different from zack's case as you're not being charged with anything, it's the driver that isn't being charged, but it's a start. at least you'll be able to take him to civil and get your bike fixed up..
i personally didn't see this go down, but mass being what it is, i'm sure there's no shortage of witnesses.
not all cops are assholes but it sounds like those guys may have had a chip on their shoulders.
Happy Stick Person
Posted: Mon Apr 02, 2007 12:50 pm
Joined: 20 Sep 2006Posts: 1168Location: Leschi
was this the guy in the white SUV?
lantius
Posted: Mon Apr 02, 2007 12:55 pm
1337Joined: 22 Jul 2005Posts: 6705Location: right over
it'd probably be worthwhile to get a lawyer if you're going to pursue this. others here have worked with john duggan ( (206) 343-1888 / johnd@warrenduggan.com) and have positive things to say. at the very least he may be able to give you some actual legal advice.
my non-legal advice is that if there's anything cops hate is being told that they are wrong. you may have a civil suit however.
henry
Posted: Mon Apr 02, 2007 12:56 pm
somewhat piggishJoined: 05 Aug 2005Posts: 5415Location: on porch with shotgun
Make sure you *really* feel like you're innocent here and the guy was really being a jerk.
A lot of people (myself included) occasionally act like jackasses at CM. I've got no problem standing up for people if they're genuinely getting screwed, but if you were being a jackass I've got no interest in helping you screw some guy that got stuck in the middle of mass.
Honestly there are probably multiple things you could have gotten ticketed for (were you riding more than two abreast?), and the fact that they ticketed the driver and not you is (in terms relative to how other CM incidents in Seattle and elsewhere) a pretty pro-CM statement on the part of the police.
The thing about CM that irks me most is the attitude that we're out there to really fuck with cars and that any car that comes in contact with us is the enemy.
Joined: 06 Sep 2006Posts: 135Location: West Seattle
Didn't Joby have a similar experience when he got hit, except it was biased against the driver?
The prior thread about NYC mass started making me wonder what would happen if an angry motorist killed someone. If a major incident like that were to occur, it would be tough for the police or city to turn a blind eye anymore. Maybe that's why the police let the guy off easy. If they had gone after him with tougher charges, they would have had to justify their acceptance of CM behavior in court.
zuvembi
Posted: Mon Apr 02, 2007 1:22 pm
Joined: 24 Jul 2005Posts: 942Location: Little Addis Ababa
zanimal wrote:
Didn't Joby have a similar experience when he got hit, except it was biased against the driver?
Well, his wasn't at cm, it was out by Alki. And it didn't help that the driver had a previous recent DUI. I forget if he was driving with a suspended license or not...
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sekai
Posted: Mon Apr 02, 2007 1:26 pm
Joined: 25 Jul 2005Posts: 1466Location: on the lake
for what it's worth I have pictures of you, your bike and him in his car.
I heard him talking a bit, pm me if you need pictures or details on what i heard.
Joe
Posted: Mon Apr 02, 2007 1:30 pm
Joined: 15 Feb 2007Posts: 430
When you write "intentionally," how do you know? Intent is definitely the most important factor here; it also happens to be very very difficult to verify. Do you have evidence that the guy hit you on purpose (e.g., pumped his fist and shouted, "yes! nailed 'em!" or are you imputing intent based on his indifference to you and concern for his own ass?
That said, I am not taking the driver's side here, just wondering if you're more the victim of bad luck than a psycho motorist.
jackr
Posted: Mon Apr 02, 2007 2:14 pm
Joined: 30 Mar 2007Posts: 2
So I'll rely to two different questions.
First, no I wasn't being a jerk. I was riding in front of the guy and he kept speeding up.
Secondly I have two eyewitnesses that saw him accelerate into me after looking really frustrated.
Thanks to whoever posted the lawyer contact. I appreciate it!
To whoever had the photos, please send them to me and do not release them to anyone else. If this goes to court they won't hold up if they are widely circulated.
Thanks for all the advice folks. I'll post to tell everyone how things end up.
Jack (Sunday Volunteer at the Bike Shack)
Aaron
Posted: Mon Apr 02, 2007 11:55 pm
Joined: 25 Jul 2005Posts: 4645
Drivers that get caught in the mass need to be waved and smiled at, not yelled or scowled at!
If you ride in front of a car, trying to slow or stop it, expect to get rear ended. Humans are behind the wheel and anger on the drivers side comes from not being in control.
Smile and wave!
Alex
Posted: Tue Apr 03, 2007 5:50 am
Joined: 18 May 2006Posts: 3128Location: Roosevelt
henry wrote:
The thing about CM that irks me most is the attitude that we're out there to really fuck with cars and that any car that comes in contact with us is the enemy.
I feel the same way. I enjoy mass but have to think about it as a rolling party, not as a way to block the streets.
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