Eric Chu
I am an not a lawyer. Let me say that first.
Ty, this is only partly directed at you....regardless, don't take
this as any kind of personal attack. I understand your frustration.
Unfortunately, where the law is concerned, even when someone is
victimized, in many cases, a person can be 100% right....and still
not have a case.
It did not sound like the driver stuck around. If the driver/vehicle
can't be identified, that's a big problem. And even if it could
be...it can come down to one person's word vs. another's.
I don't know the specifics about your friend's case...important
things to know are:
was a police report filed? did the police pursue the case if the
driver was ID'd? were there any witnesses?
1) assuming your friend was in the right without question, and the
police refused to pursue the case/cite the driver and the offending
vehicle/driver was ID'd....you can file a writ of
mandamus....basically get a court to compel them to do their job and
uphold the law. The BTA in Portland, can help your friend with
that...if that's the case.
If the driver fled the scene and CAN be identified...that's a
violation right there. If it CAN'T be identified...that's a HUGE
obstacle at pursuing any kind of case, whether traffic citation,
criminal or personal injury.
2) hypothetically, if the driver was ID"d later, or remained on the
scene and interviewed by police and said the the cyclist was
following too close, and denies the cyclist's version of events (in
lieu of any other witnesses)...it becomes one person's word vs.
another...hard to prove either way. That's the hard reality. (In a
non-injury case I have heard of police making contact with the
driver and putting the fear of god in them....don't forget that there
are some cyclists within law enforcement and officers who do take
road rage seriously and do what they can. It's a mistake for any of
us to assume they're all against us.)
I would not paint lawyers with a broad brush. On every occasion
where I have consulted with attorneys (some bike attorneys, some not)
on a wide variety issues...they have all taken the time to chat and
discuss the chances of success at pursuing a case...and not charged
me a dime, even though I tend to take more than full advantage of the
free consultation.
I can also say that bicycle attorneys from the Portland area have
taken the time to enhance my understanding of the law, and even
emailed me in the middle of the night to answer some of my questions.
They do support the rights of cyclists and even help write the laws
the protect us in this state.
I offer the following advice to cyclists in general (again, I'm not a
lawyer):
1) Ride safely and predictably. Take the time to know the law and
then follow it. (unfortunately, the fault of the driver can be
mitigated if the cyclist isn't behaving absolutely perfectly)
2) carry a cell phone! and report drivers are involved in crashes or
otherwise threaten your safety. tape a piece of chalk to a seat
rail, or to some cable housing....scribble down license plates on the
pavement before you forget it in the heat of the moment. (if the
pavement is usually wet, those little mini-sharpie markers are good
for scribbling on your arm or hand).
3) Get to know a lawyer before you need one.
I don't believe in the idea that there are too may lawyers. There
are only too many lawyers, if I'm the one who doesn't have one, and
the other guy already has his.
Thanks for your time,
Eric in Bend
----
Ride your bike, ride your bike, ride your bike.---Fausto Coppi