Bike vs. Bike accidents (legal opinions needed)

[thegunner]

without going into too much detail, I was involved in a bike on bike accident (with the other party being very much in the wrong + belligerent with many witnesses and also fleeing the scene with me still on the ground)

I went to the local precinct to file a report, but this morning I was told that a bike + bike accident can't be filed as an accident / report - I can file a complaint, but it doesn't quite carry the same weight.

Maybe someone familiar with the system in NYC can shed some light on how bikes, normally treated as vehicles in the same context as cars, aren't allowed to file as an accident?

I'm fine, the bike is fine (minus a couple dings on the fork's paint) + a bent saddle rail, but how does this make sense?

[Aaron O]

I don't know NY state law, or NYC city ordinances, but this seems weird using common sense...I know cyclists can and have been charged with hit and run in other areas and these laws don't usually vary much. I'd look up NY traffic code...how it qualifies bike accidents and bike status...and (assuming they're wrong) I'd ask to speak with a supervisor being polite but firm. I find it very hard to believe there is a law governing accident reporting for bicycles - that sounds like a station policy, and one inconsistent with traffic code.

Pushing the police is a delicate art requiring careful use of diplomacy as I've found many of them actively look for a reason not to assist, especially if being challenged. You have to really mind your ps and qs to get it done well, but you also have to refuse to back down with a smile. If it fails - contact a local rep and have them intercede.

[EDS]

without going into too much detail, I was involved in a bike on bike accident (with the other party being very much in the wrong + belligerent with many witnesses and also fleeing the scene with me still on the ground)

I went to the local precinct to file a report, but this morning I was told that a bike + bike accident can't be filed as an accident / report - I can file a complaint, but it doesn't quite carry the same weight.

Maybe someone familiar with the system in NYC can shed some light on how bikes, normally treated as vehicles in the same context as cars, aren't allowed to file as an accident?

I'm fine, the bike is fine (minus a couple dings on the fork's paint) + a bent saddle rail, but how does this make sense?

Did you get the guys name or other info?

[gdw]

Were the damages to your bike over $1000? If not $1000, how much were they? Do you know the name of the person who hit you?

[thegunner]

Did you get the guys name or other info?

nope, when people around tried detaining him he got violent and just rode off...

^^Aaron, thanks for the advice, I'm still debating how to pursue this as I'm pretty much fine, I was just shocked at the fact that it was stated that 'it can't be filed as accident report'

edit: i cracked my front wheel - and damaged my fork (but i don't think that's in need of repair), so the damages were probably < $1000. If nothing else, I'd at least like the local precinct to start enforcing right way traffic before something worse happens.

[Aaron O]

nope, when people around tried detaining him he got violent and just rode off...

^^Aaron, thanks for the advice, I'm still debating how to pursue this as I'm pretty much fine, I was just shocked at the fact that it was stated that 'it can't be filed as accident report'

edit: i cracked my front wheel - and damaged my fork (but i don't think that's in need of repair), so the damages were probably < $1000. If nothing else, I'd at least like the local precinct to start enforcing right way traffic before something worse happens.
I don't know what your time constraints are, and it's easy for me to volunteer your time, but this sounds like a pretty worthy area to investigate. I can tell you that if it happened to me, I'd probably go on the crusade (but I'm by no means laid back).

One other tip - get names of EVERYONE you talk to. When you ask for the name, do it politely and do it towards the end of the conversation. Asking for a name is inherently aggressive and you want them to help you, not to classify you as another smart ass making their job harder. They deal with a lot of smart asses, and many of them tend to group everyone together unless given a reason not to do so. Saying things like "I know my rights" is not going to help...they hear that all day. In the real world they will not suffer a negative repercussion even when wrong, so they really don't have much motivation to be helpful. Make sure you are respectful, reasonable, CALM and friendly.

Try not to quote laws, even after the research. Instead of saying "code 24.5 says XXX", say something like "can you please site me the code so that I can make sure I follow the rules?", or "thanks for your help, do you have anyone that can tell me more about the rules on reporting?" When speaking with a supervisor, something like "I know you;re trying to help, but this is really important to me and I really could use some guidance...code xxx seems to say I'm a vehicle and I don't understand how a vehicle doesn't commit hit and run."

[Tom]

http://www.dmv.ny.gov/forms/mv104c.pdf

"I was told that a bike + bike accident can't be filed as an accident / report'

Go back to that precinct with one of these printed out and say "Guess again, bucko!"

Granted, it is only required if you kill or seriously injure somebody but "can't be filed" is wrong.

I had to file one last year but a moving car was involved and that was a different form.

[bargainguy]

Keep working the chain of command if the local precinct stalls. It's a vehicular accident. What really seems to be happening is that they don't want to deal with it and think they can brush you off. My guess is not!

[WickedWheels]

without going into too much detail, I was involved in a bike on bike accident (with the other party being very much in the wrong + belligerent with many witnesses and also fleeing the scene with me still on the ground)

I went to the local precinct to file a report, but this morning I was told that a bike + bike accident can't be filed as an accident / report - I can file a complaint, but it doesn't quite carry the same weight.

Maybe someone familiar with the system in NYC can shed some light on how bikes, normally treated as vehicles in the same context as cars, aren't allowed to file as an accident?

I'm fine, the bike is fine (minus a couple dings on the fork's paint) + a bent saddle rail, but how does this make sense?

Are you in NYC or in the area? If you're on Long Island I have customers that are cops and may be willing to help.

[Bkat]

Did this occur on a city street or was it on a bike path, in a park, etc.?

[sc53]

Seems like you could at least press charges of assault and/or battery!

[slidey]

Man, glad to hear you're doing fine. Only you can make the call if this is worth chasing down, but it sure sucks to be right, and on the ground with broken equipment. Beats being on the ground with broken bones though!

Good luck!

[Pete Mckeon]

Based on amt of damages, it is really a dicey call to escalate. Might want to look into small claims court for damages. With you being ok is first priority, second is getting estimate, and then to consider small claims if your town has them.:confused:

[thegunner]

thanks all - I think I'm going to do a bit of research before taking it up again, but tl;dr:

the guy ran a red light going the wrong way in a protected bike lane - I had the green, and while I checked to see if anyone was running the light in the direction of traffic, he swept out the front wheel before I could slow down.

[fogrider]

the issue is that the cops do not respect cyclist... I think this has been posted before, but it just proves the point.
http://www.youtube.com/watch?v=bzE-IMaegzQ

[cachagua]

I will just say this:

Pursuing justice through legal channels is. . . one way of doing things.

There is also patient, discreet, intensely personal revenge. Another way of doing things.

Think: without these or those bits of his anatomy, this individual wouldn't be a threat on his bike ever again. The world would be a better place!

Remember to wear rubber gloves.

[oldpotatoe]

nope, when people around tried detaining him he got violent and just rode off...

^^Aaron, thanks for the advice, I'm still debating how to pursue this as I'm pretty much fine, I was just shocked at the fact that it was stated that 'it can't be filed as accident report'

edit: i cracked my front wheel - and damaged my fork (but i don't think that's in need of repair), so the damages were probably < $1000. If nothing else, I'd at least like the local precinct to start enforcing right way traffic before something worse happens.

No info, guess I don't understand how Mr Gunner has any recourse, since he doesn't know the guy's name...

As for the law 'not caring about cyclists', well, maybe but I think looking at this incident, guy being knocked down, no info whatsoever, as he talks to the local law, not surprised that they say they really can't do anything to the guy that knocked him down.