Hit and Run - How does the DA handle this?
 

I'm pretty sure there are some lawyers here or members that are knowledgeable about legal proceedings.
Case/Situation - My friend was in a group of road cyclists and another cyclist in the group rides close to him and takes a deliberate swing and hits him in the mouth. He goes down and breaks his collar bone. The assailant continues riding away while others in the group stop and help. The victim has no idea the punch was coming.
The local police dept. is called and they come and take statements/etc.
What does my friend do now? Our understanding is the police report will get completed and then go to the DA. What does he do or not do to get the DA to press charges?
Thanks.

Uhhh...that's felony assault. He shouldn't have to do anything. The DA makes an independent decision, but its usually up to the pd to make the initial complaint, and the DA to approve it if required in the local jurisdiction. If they refuse to charge (highly unlikely with an injury) then in most jurisdictions there is no recourse-in Pa and a couple other places you can file a private criminal complaint but not in Cali.

He needs other riders to snitch and then wear a full face helmet with a go pro.

Interestingly enough - the whole thing was caught on a GoPro. I failed to mention that. It is pretty clear what happened.

Regardless of the police report, sue the SOB in small claims court for medical costs, take his picture when you see him and follow him to the parking lot.

Also captured in this friendly meme on the interwebs...

http://forums.pelicanparts.com/uploa...1619186589.jpg

I removed the bad word to protect the innocence of this forum...

I am interested in the rest of the story . Either something provoked the attack or the puncher is nuts . Hope your friend gets justice .

Previously on the same ride the assailant started moving over toward the victim while going down a curvy road putting "pressure" on the victim to go near the opposing traffic lane. The victim said some thing like "hey watch out" not sure the exact words. I think that was it. Then something like 10 minutes later the punch happened. Other than that the victim had no previous contact with the assailant and at the time didn't even know his name. He knows his name now as multiple witnesses know the guy.

Ok so the guy is nuts 😊 . Hopefully he will pay for his actions.

My sister was a DA in South Carolina and we had to chat today concerning the house I just bought, which is 1/4 mile or so from hers.

So I asked her a few minutes ago.

Predictably, she said California is different than SC, but she would have had an assistant take the case and prosecute if asked.

She also mentioned going after his insurance carrier as well as civil suit to recover damages, medical, etc.

She recommended starting with the DA so the facts can be gathered, witnesses talked to, etc. at no cost to your friend. Then engage with an attorney to gauge the benefit of a civil suit.

Wait for the SOB at his house and blow up his bike, then his house and kick his ass. It happened to me once on a training ride when an older dude, push me out of his way thinking I took his spot at about 30 mph. He was a newer rider and didn't know the rules of the road. Threading to kick my ass. The rest of the guys were yelling mofo for about 5 min and had a talk with him. Eventually, they ask him to not ride with us anymore. This is a large group of about 40 that I have ridden with for over 25 years.

I like to know the whole story. Its a semi-contact sport and idiots will get physical. I have seen fights break out at the parking lots after races.

Just curious....would this apply to someone who peed on a toilet seat?

Asking for a friend,.

^^
Felony urination - 20 to 40 years.

Hire a lawyer.

Sounds like I should be aware of these feral cyclists while going on my drives, never know if one will take an offense to my now not so cheap "collector cars".

If the Go Pro could take a picture of your minuscule johnsons, proving said urination leading to slippage, then yes.

I think you two are in the clear.

Civil suit for sure.
The fist strike and the broken collar bone carries with it compensable pain and suffering beyond medical costs.
Damage to the bike is recoverable as well.

Let the DA do its job. But hire a lawyer to file a civil action against the nutball.

Get a good attorney. I dunno if prevailing parties in civil suits get attorney fees, but good attorneys are worth their fee even if it comes out of your pocket. I would expect that damages beyond medical bills are in play. If so, and if a judge things the perp should be taught a lesson, then you own that MF. Your attorney might also be able to support the criminal prosecution.

This guy is stupid and dangerous.

Thanks very much for asking re. this.

At this point we are trying to find out how the police report can be viewed/discussed before it goes to the DA. We think there are three potential charges:
- hit and run, this applies to bicycle vs bicycle in CA? (didn't slow down and left the scene)
- misdemeanor or felony battery (a bone was broken because he went down after being hit)
- road rage

Our take on this is that the police report will be key for if the DA decides to file charges. Any ideas on how to "work" with the police as they work on the report are appreciated.

Not engaging a lawyer for getting the civil damages at this point. Probably will use small claims court if the DA gets a conviction.

It must feel great to be a member of the spandex mafia.:rolleyes:

Some people can't handle close quarter riding/racing. We had some folks in kart racing like that. They felt like every incident was the other racer's fault and wanted to fight. We'd bar them for a weekend and then kick them out if there was a second incident. If you wanna run wheel to wheel, there has to be some give and take.

As far as the incident goes, I'd talk to the guy. Felony assault is really serious and once the guy cools off, he may realize covering the medical bills and eating some crow is a much better option.

You might be right. Sounds like they are going to work it out with the blessings of the local spandex Don !

Joking aside, using small claims court for a serious personal injury case is just odd.

I agree. My sister said the collarbone injury is the key: That is the baseline and it could have been worse. The arguments will start there.

Again, she was the DA for three counties in SC...different dynamic and culture but the baseline is a serious injury that could have been worse.

Do your diligence, get the witnesses interviewed, etc.

Me, personally? I would go after the guy without remorse. I hate bullies and, if your friend is correct, this guy needs more punishment than saying he is sorry.

I'd own part of him and not think twice: It could have been worse. That and he will do it again, probably has before.

BTW, my sister was an incredible DA, or, in South Carolina, a Solicitor.

Rest assured, this is not the first time this perp has done something like this. And he's only able to keep doing it because no one has really take a piece of him yet. And wouldn't the civil suit be a lot more promising after he has a felony conviction for the same incident?

The DA has a lot on his plate. You need to find out who the assistant in his office is that reviewing this is assigned to. Your buddy calls and says he is the victim. On the pretense of making sure they know of his medical situation. He then engages the Ada in plesant conversation, making it clear through his demeanor that there is only one crazy person here. The risk is the ADA thinking there's two. Once that is done, keep the pressure off/low key. Calling and saying 'you're going to charge the sob with felony assault' doesn't help. Letting the ADA know you have a broken bone and are a good bloke does.
BTDT

I'm with Seahawk, next time someone dies

Thanks for the comments. Current situation. The victim and a witness went to the police office today to identify the perp. from 8 pictures. Since the video was from the rear, the police could not make an ID on their own. I understand the police report is now very close to ready to send to the DA. The Santa Clara County DA uses something called the four-prong test. We don't know who the ADA is at this point. Stay tuned.