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Hit and Run Today, HWY patrol says no crime since I'm fine
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Colorado Springs: Black Forest Area
Got hit by a truck today, maliciously. Descending West on Shoup just before 83, I was going the speed limit, and riding on the far right side when a truck kept trying to pass despite oncoming traffic. Twice he got honked at by oncoming traffic. When the view cleared he began to pass, once he got along side of me he swerved right. The trailer he was dragging full of logs impacted my right side, released, then impacted me again. I swerved impracticability for a few seconds, but thinking of the other cars behind me, decided I best take the ditch. I rode down a ditch/ravine until I came to a stop. Knocked up on adrenaline and knowing there was a really long stop light at the bottom of the descent, I ran up the ravine, and rode down to the light. When I got there another car had pulled beside the truck, attempting to box him in, and was exchanging heated words w/ the driver. As soon as I arrived, the driver accelerated away, running the light. I got the license, and another witness took off in his car after the fleeing truck.
The police came, took statements from myself and the witness. The driver who had chased the truck returned, saying after honking and tailing the truck for a few miles, it finally pulled over. Apparently, the driver agreed to wait for the police. The chaser was able to get both the truck's and trailer's license and a full description of the driver.
An officer went to go talk to the truck driver, but when the officer arrived, the driver had fled once again.
I spent another 90 minutes waiting on the side of the road for the Colorado State Highway Patrol. I eventually called them again, and was told that since I was not injured, and there didn't seem to be any damage to the truck, there was nothing to file. They agreed to take a statement from me, but that nothing was to be done with it. I don't know what to do next, I have two witnesses to the incident and all there information, but the Highway Patrol says that, even though I was hit and the driver fled, since I didn't go to the hospital, it wasn't a crime. Is this legit?

There are other fishy details, like his tags registered to different vehicles, and the load/trailer being an illegal hookup, but I don't know what matters.
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [peace242000] [ In reply to ]
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Well from the looks of the other thread about santa paula's police dept. and what is going on there, i would say go to that dept's. site and post your complaint. FB has been pretty successful at getting things done in the old david and goliath clashes.. Then of course come back here and tell us all about it..

Almost forgot, send Herbert an PM and tell him the whole story(your side of course), and perhaps it is worthy of a story here..
Last edited by: monty: Jul 20, 14 16:38
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [peace242000] [ In reply to ]
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File charges for battery using the truck as a weapon. Get the report that they took and the details of both the truck and the witness.

Take pictures of any scrapes, damage, etc., and let the cops sort it all out. Even if it gets dismissed, it creates a paper trail in case something like this occurs again.

John



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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [Devlin] [ In reply to ]
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is all this free, people have been telling me the last few hours to lawyer up, but I turned pro in Triathlon this year and am living on bare minimums right now?

Also, who do I call? I've called the HWY Patrol, and they kept saying that they'll take a "Statement" but since I'm not hurt, and the truck wasn't damaged there is nothing to file more than that.

I contacted the city police first, but they say it's a HWY patrol issue, not their's.
Last edited by: peace242000: Jul 20, 14 16:47
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [peace242000] [ In reply to ]
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ask the cop, if some points a gun at him, but doesn't shoot [or shoots and misses] , is that ok? no crime there right?



I reject your reality and substitute my own!
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Last edited by: slidecontrol: Jul 20, 14 16:50
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [slidecontrol] [ In reply to ]
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slidecontrol wrote:
ask the cop, if some points a gun at him, but doesn't shoot [or shoots and misses] , is that ok? no crime there right?

This is what I was thinking. If you attempt murder, kidnapping, burglary, etc it is still a crime. This is ridiculous. I hope were not getting played here.
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [peace242000] [ In reply to ]
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wow, glad you are okay.

My 2 cents, :o), it is not worth the fight!! But I see some things that I would ask.

Are the roads you are driving on worth it? I know I spent years finding a section of roads that when I do ride outside, on early Sunday mornings, it is the safest I can find, and nothing is 100%.
There are some sections with blind curves so if I see a car coming up behind me in my mirror, I slow down, get out of the way, and do everything I can to allow the car to go by me safely, since
all it takes is on idiot who is having a bad day to make my day worse.

But really, this just makes me now doing 99% of my biking on my trainer. Luckily I do not do long distance stuff since this would not work.

.

Dave Campbell | Facebook | @DaveECampbell | h2ofun@h2ofun.net

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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [mndiver] [ In reply to ]
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I'm not playing. I spent over 2 hrs on the side Shoup Rd and 83 in Colorado Springs this afternoon, talking to city police, and then waiting for the HWY patrol before being told I should just ride home. I have one of the witnesses name and phone number and he was very adamant that he be involved w/ anything that happens w/ the police.

My name is Matthew Ison, I'll come up on athlinks or whatever

Here's my facebook post:
https://www.facebook.com/...notif_t=feed_comment

I'm super pissed, but mostly sad that someone would leave me in a ditch/ravine without any knowledge of how hurt I was.
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [h2ofun] [ In reply to ]
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yeah, i moved to CO after living in NC and TX and must say, at least in CO Springs, the riding seems a lot less safe in comparison. It's just so crowded. I saw a few dozen cyclists as I was on the side of the road though, it's a pretty heavily ridden area. It frustrates me that had i been a douche and ridden right in the middle of the lane, I at least woulda had a chance to avoid him, but I was trying to let him by and he swerved into me.
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [peace242000] [ In reply to ]
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At the very least I would expect this would be considered menacing. I'd also expect assault.

Please don't let this slide. You've got lots of witnesses that seem willing. Make use of that.
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [peace242000] [ In reply to ]
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At a minimum, I would recommend you file a statement about what happened. This will create a record of this driver's actions and, if he does actually injure someone in a future indident, there is now a record that he has done this before. With your statement on record, it is much more likely that he would be charged in the second incident.

Also, since it sounds like you have limited resources, as others have suggested, try the local media,. Maybe you can shame the police into taking action. As others have pointed out, this is assault and battery. He used his car as a deadly weapon and should be charged.
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [peace242000] [ In reply to ]
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I don't know CO law, but in any state that is going to be assault and battery, likely assault with a deadly weapon. Sounds to me like the local cops / highway patrol are simply too lazy and don't want to deal with the paperwork. Go to the local police, or HW patrol, whoever has jurisdiction, and file the report. Ask to speak directly to the watch commander and explain the situation. If they don't agree to file charges, go back the next day, and he next, and go to the local media. Make it impossible for the cops to ignore you

Lawyer? Maybe, but since there appears to be no injury/property damage going to be hard to find someone that wants to make money on it.

Contact the bikinginla blog (just google it). he reports on nationwide incidents

contact the bikesnob nyc author. same deal.

Find the guys that were followed and honked at by the elderly driver, that was eventually charged. that was in CO I believe.

Employ social media to put pressure on the authorities to file charges.
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [themadcyclist] [ In reply to ]
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Attempted murder is always a crime, no matter what the weapon.

I would think there is a lawyer willing to front the costs on this one...perhaps a fellow cyclist or triathlete.

Contact the witness....get an affidavit ASAP
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [bikedad] [ In reply to ]
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1) get a license to carry concealed.
2) shoot the fucker

^just kidding, that would only work if he was purposely trying to hit you and you were ready to draw.
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [peace242000] [ In reply to ]
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That really sucks. I agree that it needs to be posted on the CHP and CSPD Facebook pages. Are you certain that intersection is in the Springs city limits? Maybe try El Paso County Sheriff's office?

Also, the is a Colorado Bike Advocacy group... and I can't for the life of me remember the name/URL of it right now.

Also, there is a racing team called Colorado Bike Law (again, not certain of the exact name) that might have contacts or ideas for you.

Also, if you have the driver's name and a full description of the truck, I'd be inclined to post it. I live on the north side of Black Forest and I'd want to know who to look out for.
Last edited by: LoDewey: Jul 20, 14 19:04
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [ahhchon] [ In reply to ]
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A trooper came by, he was very nice and honest and helpful (and an avid cyclist). He said that in CO, it is not a crime to "hit and run" if the person is not injured. In order for it to be a "hit and run" as they classify it, I would need to have sustained visible injuries. They can certainly site him for reckless driving since I have a witness. It does not matter, in the eyes of the law, whether the driver knew, or didn't know, that I was hurt. He said in all honesty, I couldn't win the case fr a hit and run in CO, with or without a witness to the whole thing.
SO! as long as the person you hit isn't seriously injured, leaving the scene is not a crime. An "accident" according to CO law is only an "Accident" if a person or vehicle is damaged.

They know who it is, they know where he lives. Again though, the police/troopers I've talked to say that in CO I need to have been injured. It makes no difference whether or not the driver knew if I was ok when he fled.

3phone calls, 2 hrs on the side of the road, no help.
2 facebook/twitter posts and a slowtwitch thread - 3 social media contacts from police and a trooper agrees to come by. The system works.
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [peace242000] [ In reply to ]
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It's still assault and battery and it's still has to be reckless driving. There really should be charges here based on the facts you have provided. What kind of statement does it say if there aren't? Bare minimum police need to do it and the prosecutor determines not to pursue charges that is up to the prosecutor. Crime was committed and you as the victim want the process to move forward. You have a witness. I really don't see what I am missing here.

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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [peace242000] [ In reply to ]
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He said that in CO, it is not a crime to "hit and run" if the person is not injured.

What horse shit. Can't believe that is true. Reckless driving, knocking you off the road... all ok.

Get a couple of free lawyer consultations.

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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [LoDewey] [ In reply to ]
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It's against the law for me to post that information. I have it, well not his name, but everything else. Just watch out for the shady logging trucks hauling off the burned timber for cheap!
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [peace242000] [ In reply to ]
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Are you sure you don't have some back or neck pain, stiffness, tweaks, soreness,,,,,,,,,,, Call Sal!

ChrisM where are you!

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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [peace242000] [ In reply to ]
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I didn't read all of the posts, so I apologize if this was already said, but did your bike sustain any damage? Leaving the scene of an accident where someone is injured is a felony in my state and leaving the scene of an accident where property was damaged (not including the property of the driver) is a misdemeanor. I assume that if the cops aren't telling you thats an option then its not the law. Might be worth looking into. But it appears no one is motivated to do much. I'd recommend filling out a statement and calling to check in often with whichever agency will be handling it. Remember, squeaky wheel gets the grease.

Not assault or battery as there is no way to prove intent. CO laws may have a "reckless" element for battery so I guess it's potentially applicable.
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [peace242000] [ In reply to ]
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It sucks that lawyers cost money. I understand your hesitation. But please, for the next guy, don't let this slide.

The driver now feels empowered that he can do this an get away with it. He is much more likely to behave this way again.

I also recommend video taping all conversations with police, and witnesses, during events like this. A cop saying "Its not a crime if you are not hurt" will blow up the internets and is sure to get action.

Best of luck and glad you are OK.
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [Pooks] [ In reply to ]
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Pooks wrote:
At the very least I would expect this would be considered menacing. I'd also expect assault.

Please don't let this slide. You've got lots of witnesses that seem willing. Make use of that.

I would have given my left broken pinky for one of the drivers who had seen the assault on me to volunteer as a witness.

You are so lucky, in so many ways!
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [rruff] [ In reply to ]
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rruff wrote:
He said that in CO, it is not a crime to "hit and run" if the person is not injured.

What horse shit. Can't believe that is true. Reckless driving, knocking you off the road... all ok.

Get a couple of free lawyer consultations.

yeah, it may not be "hit and run" with no personal injury . Sure is still assault and battery

Can't say I've read all CO laws on the topic, but here is a search result


42-4-1601. Accidents involving death or personal injuries - duties.
(1) The driver of any vehicle directly involved in an accident resulting in injury to, serious bodily injury to, or death of any person shall immediately stop such vehicle at the scene of such accident or as close to the scene as possible but shall immediately return to and in every event shall remain at the scene of the accident until the driver has fulfilled the requirements of section 42-4-1603 (1). Every such stop shall be made without obstructing traffic more than is necessary.
(1.5) It shall not be an offense under this section if a driver, after fulfilling the requirements of subsection (1) of this section and of section 42-4-1603 (1), leaves the scene of the accident for the purpose of reporting the accident in accordance with the provisions of sections 42-4-1603 (2) and 42-4-1606.
(2) Any person who violates any provision of this section commits:
(a) A class 1 misdemeanor traffic offense if the accident resulted in injury to any person;
(b) A class 5 felony if the accident resulted in serious bodily injury to any person;
(c) A class 4 felony if the accident resulted in the death of any person.
(3) The department shall revoke the driver's license of the person so convicted.
(4) As used in this section and sections 42-4-1603 and 42-4-1606:
(a) "Injury" means physical pain, illness, or any impairment of physical or mental condition.
(b) "Serious bodily injury" means injury that involves, either at the time of the actual injury or at a later time, a substantial risk of death, a substantial risk of serious permanent disfigurement, or a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree.
Source: L. 94: Entire title amended with relocations, p. 2399, § 1, effective January 1, 1995. L. 98: (2)(b) amended, p. 1443, § 32, effective July 1. L. 2000: (4)(b) amended, p. 709, § 44, effective July 1. L. 2004: (1) amended and (1.5) added, p. 606, § 1, effective July 1.
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [peace242000] [ In reply to ]
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From another Colorado person.....

Have him cited for reckless driving. This is at least something. See if they will give you a copy of the citation in case you later develop some issues (physical). Sometimes a jarring off road on a tri/road bike may necessitate some chiropractor appointments.

Also, a reckless driving ticket will do wonders for his insurance..... A hit and run (which can be debated apparently by the letter of the law) may be easier to explain than the reckless driving to,the insurance. It is also less likely to get pleaded down if the cycling trooper is involved.
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [peace242000] [ In reply to ]
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You do not need to hire a lawyer. The state has done that for you, it's called a prosecutor. Go to the prosecutor for the county in which this occurred (some states call them "district attorney" or "state's attorney") and swear out a criminal complaint for assault & battery, and whatever other counts can be made under the Colorado criminal and traffic codes. The existence of a witness is damn near priceless here, use it.

A police officer does not get the final say on whether charges are brought. You can swear out the complaint yourself. I really hope you do so. Good luck.
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [ChrisM] [ In reply to ]
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Also maybe contact a city councilman?
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [peace242000] [ In reply to ]
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Perhaps Bob Mionske* would take your case pro bono? He seems to do that reasonably frequently, often assigning things to some up-and-coming intern to gain some practice.

http://www.bicyclelaw.com

*If this guy isn't in the US Bicycling Hall of Fame, he should be.
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [peace242000] [ In reply to ]
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sorry dude -

not much help to add, but a question. how is this not considered attempted murder? i mean really - hitting someone with your car? on purpose?

-mike

____________________________________
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http://howtobeswiss.blogspot.ch/
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [grindmonkey] [ In reply to ]
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So next time you need to fall and at least scrape your knee or sustain a bruise. Good to know that your good bike handling skills helped prevent that a-hole from getting charged.

The law is written wrong it sounds like. Their vehicle made contact with you.... therefore you were "hit". The person then fled the scene... so he "ran". It would be like me punching someone and running off, but there's no real injury, so it's OK. So i guess you could run around town wit ha mask on kicking people in the balls, because it won't cause any real injury.

Can't they get him for leaving the scene of an accident?

Imagine if a car pulled up behind you and tapped your bumper causing you to spin your car off the road...but the bumper sustained no damage and you car wasn't damaged in the spin. So that's perfectly OK too?


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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [tonygale] [ In reply to ]
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I'm more of watch the world burn person, I'd contact my counsel people and state representatives, and then every news/radio station and newspaper in the area. I'd have it all over the news with the name of the officer responding and the person that hit me front and center. At least if you continue to get stonewalled you're crap on those two for a while.
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [Devlin] [ In reply to ]
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Devlin wrote:
File charges for battery using the truck as a weapon. Get the report that they took and the details of both the truck and the witness.

Take pictures of any scrapes, damage, etc., and let the cops sort it all out. Even if it gets dismissed, it creates a paper trail in case something like this occurs again.

John

This. Also file charges for malicious destruction of property (I'm assuming your bike got banged up).

Glad you're ok, that situation could've been much worse.
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [GreenPlease] [ In reply to ]
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I would have asked the cop if he was parked beside the road and he was changing somebodies tire and a guy swerved at him and he had to jump in the ditch what he would charge the guy with?
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [peace242000] [ In reply to ]
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Consider calling Hottman Law. Megan Hottman is an active cycling advocate in Denver and may be willing to at least talk on the phone a bit about your situation.
http://hottmanlawoffice.com/


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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [peace242000] [ In reply to ]
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If it were me? I would thank my lucky stars and good karma that I am okay. You have already reported him to the authorities. The authorities have already taken your report into consideration. I would let it go, and practice paying my gratitude forward. Part of it is that you don't know what this character is capable of if you keep on going after him. All these gunslingers on this forum aren't going to be there for you then. There are just too many loonies in the world to keep on provoking one.

(yes I am a lawyer. no this is not legal advice. just what I would do.)

~~ kate
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [dreaming~big] [ In reply to ]
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dreaming~big wrote:
If it were me? I would thank my lucky stars and good karma that I am okay. You have already reported him to the authorities. The authorities have already taken your report into consideration. I would let it go, and practice paying my gratitude forward. Part of it is that you don't know what this character is capable of if you keep on going after him. All these gunslingers on this forum aren't going to be there for you then. There are just too many loonies in the world to keep on provoking one.

(yes I am a lawyer. no this is not legal advice. just what I would do.)

~~ kate

Yep, go on with life, be thankful lucky, and change roads and or get a mirror and move out of the way first.

.

Dave Campbell | Facebook | @DaveECampbell | h2ofun@h2ofun.net

Boom Nutrition code 19F4Y3 $5 off 24 pack box | Bionic Runner | PowerCranks | Velotron | Spruzzamist

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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [justinl] [ In reply to ]
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this x 2
the incident took place in El Paso county so contact the sheriff's office and request that charges for assault, menacing and reckless driving be pressed. then it's on the 'record' for this driver. that you have a witness is huge...contact the Denver lawyer asap
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [dreaming~big] [ In reply to ]
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I'm really surprised by your opinion. If the accounts are correct (always a big if), a man purposely hit a guy with his car and fled. To let it go on the potential threat of further violence seems a little running scared tail between the legs (which is really what the guy in the trucks wants).
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [peace242000] [ In reply to ]
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I've ridden that road and you say your were going the speed limit and were on the right side of the road. When I'm going downhill with no shoulder like Shoup Road and going the speed limit my advice to you is be in the middle of the road just for this reason. There is no reason a truck pulling a trailer should be attempting to pass you on that road.
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [npage148] [ In reply to ]
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Or let's act like George What'shisname & really get into hot water. Sometimes discretion is the better part of valor. There is a difference between turning tail and purposely choosing to move away from a potentially volatile situation. Our guy reported it. He's not required to put his neck on the chopping block. Just my personal opinion.

~~ kate
Last edited by: dreaming~big: Jul 22, 14 3:55
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [dreaming~big] [ In reply to ]
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Comparing insisting appropriate charges be pressed to the Zimmerman case is moonbat crazy.
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [corneliused] [ In reply to ]
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Not looking down the pike at the potential sh*t blasting your way trying to protect yourself against a potentially crazy perp is equally insane. Do you think it's gonna stop with "filing charges"? Have you ever been involved in the judicial system? Think twice about all of the the cr*p involved before you jump in with both feet. Or one foot. Or one pinky finger. You have a chance to walk away intact, and without harm to your person, no damage done except to your sense of moral indignation. It's not an hour-long TV show with happy endings. It's your life.

Do whatever you choose to do. But you do have choices.

~~ kate
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [peace242000] [ In reply to ]
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Something somewhat similar to this happened to me last summer while I was running. Some punk A-hole ran me off the road twice in a 30 minute time span. I got his tag number and went to the sheriff's office and spoke with one of the deputies. He found the guy and explained to him that I had the right to file charges against him (don't recall what specific charge). The A-hole almost started crying (per the deputy) and said that he would loose his job if he was arrested. I told the deputy that I would not press charges this time. I see the same guy once or twice a month and he always slows down, pulls over partially into the other lane and waves....I wave back and smile. You might want to request that an office talk to the drive and find out what the driver's reaction is.

--------------------------------------------------------
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [dreaming~big] [ In reply to ]
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dreaming~big wrote:
Not looking down the pike at the potential sh*t blasting your way trying to protect yourself against a potentially crazy perp is equally insane. Do you think it's gonna stop with "filing charges"? Have you ever been involved in the judicial system? Think twice about all of the the cr*p involved before you jump in with both feet. Or one foot. Or one pinky finger. You have a chance to walk away intact, and without harm to your person, no damage done except to your sense of moral indignation. It's not an hour-long TV show with happy endings. It's your life.

Do whatever you choose to do. But you do have choices.

~~ kate

I've successfully sued a police officer's wife in small claims court after she ran a stop sign and hit me on my bike. I unsuccessfully tried to get charges pressed against someone who punched me while I was riding. I have no regrets on either, except maybe that I didn't follow up enough on the one who punched me. Your claims are fully incongruous with my experience.
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [corneliused] [ In reply to ]
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I'm glad things worked out well for you. I don't have any "claims." I'm just suggesting to the guy that he has more options than what's being presented here. How is that a bad thing?

In any event, done and done. Good luck to our guy, however he chooses to proceed. And take the road on a fast down. :)

~~ kate
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [dreaming~big] [ In reply to ]
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dreaming~big wrote:
I'm glad things worked out well for you. I don't have any "claims." I'm just suggesting to the guy that he has more options than what's being presented here. How is that a bad thing?

In any event, done and done. Good luck to our guy, however he chooses to proceed. And take the road on a fast down. :)

~~ kate

I did what you said a few years ago and just reported an incident similar to this to the police and didn't do anything else after. Well the guy that ran me off the road kept doing it to other people and it got worse he even crossed the center line a few times and put one person in the hospital. In the end the guys spent sometime behind bars, but I always wonder if all the later incidents would have never happened if I had pressed the cops or DA to bring charges against the guy.

To the OP keep pressing the issue because if this guy did this to you he will do this to someone else and they might not be as lucky as you.
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [peace242000] [ In reply to ]
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ElGordo wrote:
You do not need to hire a lawyer. The state has done that for you, it's called a prosecutor. Go to the prosecutor for the county in which this occurred (some states call them "district attorney" or "state's attorney") and swear out a criminal complaint for assault & battery, and whatever other counts can be made under the Colorado criminal and traffic codes. The existence of a witness is damn near priceless here, use it.

A police officer does not get the final say on whether charges are brought. You can swear out the complaint yourself. I really hope you do so. Good luck.

This ^ is good advice.
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [ElGordo] [ In reply to ]
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ElGordo wrote:
You do not need to hire a lawyer. The state has done that for you, it's called a prosecutor. Go to the prosecutor for the county in which this occurred (some states call them "district attorney" or "state's attorney") and swear out a criminal complaint for assault & battery, and whatever other counts can be made under the Colorado criminal and traffic codes. The existence of a witness is damn near priceless here, use it.

A police officer does not get the final say on whether charges are brought. You can swear out the complaint yourself. I really hope you do so. Good luck.

Best advice in the thread. I hope you don't let this go, especially since you have a witness. You very easily could have been badly injured or killed, and he should not get away with this. I am dumbfounded by the advice to just let this go.
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [mbwallis] [ In reply to ]
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I've been overwhelmed w/ responses from law enforcement, local media outlets, and legal advice. It's currently and open investigation, with HWY patrol doing a good job of keeping me in the loop w/ what they're doing(thanks in part to the media pressure). Apparently they are visiting the driver now, but I'll have to wait and see how this goes. I'll post updates.

As for not even filing charges or pursuing anything because I'm scared seems like a shitty thing to do. What would life be like if everyone did that?
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [peace242000] [ In reply to ]
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I'm glad things are working out for you. With regard to the "just let it go" advice, it's really just a cost/benefit analysis. Is the hassle of pursuing this worth the potential benefit? I'm hoping for the best here, but the kind of justice you are looking for may not be realistically achievable in our judicial system and there could be unintended consequences. That's all. To say that lawyers are jaded about the system within which we must work would be an understatement.
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [justinl] [ In reply to ]
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justinl wrote:
Consider calling Hottman Law. Megan Hottman is an active cycling advocate in Denver and may be willing to at least talk on the phone a bit about your situation.
http://hottmanlawoffice.com/


I would call Megan.....she is a pit bull! and ex-pro cyclist. Knows all to well what it takes...and what you face out on the road!!!!
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [peace242000] [ In reply to ]
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I didn't read all 50 some replies but if they said it was because you didn't go to hospital, go to the hospital... Stupid, I agree but go to get checked out, etc and then file the report. Tho PIA for you and I'm sure they'll find a reason not to file charges even after that.
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [peace242000] [ In reply to ]
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There was a story a couple years ago from LA where a Dr was charged after stopping suddenly in fron of 2 riders.

He may have gotten away with it, except someone else had reported it a couple months before. Good thing the first rider reported it.

http://latimesblogs.latimes.com/...clist-sentenced.html
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [h2ofun] [ In reply to ]
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h2ofun wrote:
Yep, go on with life, be thankful lucky, and change roads and or get a mirror and move out of the way first.

go back in your basement and stick to staring at the wall and riding your trainer. The rest of us will continue to ride in the sunshine and defend our right to do so, safely.
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [BrianB] [ In reply to ]
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BrianB wrote:
h2ofun wrote:

Yep, go on with life, be thankful lucky, and change roads and or get a mirror and move out of the way first.


go back in your basement and stick to staring at the wall and riding your trainer. The rest of us will continue to ride in the sunshine and defend our right to do so, safely.

Wow, have a bad day? Yep, folks need to defend their rights. But folks are telling this guy what to do which is quite different than doing it themselves with the stress
and spending their money for a lawyer.

.

Dave Campbell | Facebook | @DaveECampbell | h2ofun@h2ofun.net

Boom Nutrition code 19F4Y3 $5 off 24 pack box | Bionic Runner | PowerCranks | Velotron | Spruzzamist

Lions don't lose sleep worrying about the sheep
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [h2ofun] [ In reply to ]
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with all of these postings you would appear to be blaming the victim. i.e., just ride a less busy road, or use a mirror and move when you see a car behind that you think might be wanting to kill you ... or, why are you riding on the roads at all, just ride the trainer where it's safer. BS.
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [peace242000] [ In reply to ]
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The only thing that matters is what you can prove. Cut your losses and let it go. That's what I would do. If you don't have actual damages you don't have much in the eyes of the legal system, although I'm no lawyer.

Personally, I'd find a different road with less traffic.
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [BrianB] [ In reply to ]
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BrianB wrote:
with all of these postings you would appear to be blaming the victim. i.e., just ride a less busy road, or use a mirror and move when you see a car behind that you think might be wanting to kill you ... or, why are you riding on the roads at all, just ride the trainer where it's safer. BS.

Blaming the victim, give me a break.

He has already posted thoughts that I am just agreeing with him.

I have dealt with hiring an lawyer to fight a cause. It took year, money and way way too much stress.

Just have to picked your battles. Based on what he has posted, I see no way for him to win, so why not move on and learn from what happened.

I see too many roads with bikers that I would NEVER ride on for safety. But you would say but it is their right to ride anywhere they want. Great, but when someone gets killed, who wins?

.

Dave Campbell | Facebook | @DaveECampbell | h2ofun@h2ofun.net

Boom Nutrition code 19F4Y3 $5 off 24 pack box | Bionic Runner | PowerCranks | Velotron | Spruzzamist

Lions don't lose sleep worrying about the sheep
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [h2ofun] [ In reply to ]
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Well said. Common sense.


h2ofun wrote:
BrianB wrote:
with all of these postings you would appear to be blaming the victim. i.e., just ride a less busy road, or use a mirror and move when you see a car behind that you think might be wanting to kill you ... or, why are you riding on the roads at all, just ride the trainer where it's safer. BS.


Blaming the victim, give me a break.

He has already posted thoughts that I am just agreeing with him.

I have dealt with hiring an lawyer to fight a cause. It took year, money and way way too much stress.

Just have to picked your battles. Based on what he has posted, I see no way for him to win, so why not move on and learn from what happened.

I see too many roads with bikers that I would NEVER ride on for safety. But you would say but it is their right to ride anywhere they want. Great, but when someone gets killed, who wins?

.
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [BrianB] [ In reply to ]
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Many freeways have minimum speed limits. I think more roadways should have this. That would keep the bikes off roadways where it's not practical or safe for bikes.

If you are driving in your car on a two lane roadway where there is a steady volume traffic flowing both directions at 45-55 mph and then encounter another car driving at 15-20 mph, how do you typically react?
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [Jason80134] [ In reply to ]
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Jason80134 wrote:
Many freeways have minimum speed limits. I think more roadways should have this. That would keep the bikes off roadways where it's not practical or safe for bikes.

If you are driving in your car on a two lane roadway where there is a steady volume traffic flowing both directions at 45-55 mph and then encounter another car driving at 15-20 mph, how do you typically react?

Seriously? Are you suggesting that because you come on a slower moving object on the road it's ok to run them off of it, because they should be going faster anyway?

John



Top notch coaching: Francois and Accelerate3 | Follow on Twitter: LifetimeAthlete |
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [peace242000] [ In reply to ]
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Do what they did for that laura weintraub girl and her video. Get it on social media. Go to the PDs sites ans describe what happened. Go to different cycling sites and do the same. It seems that social media pressure is the only way to get things done now a days

http://www.TriScottsdale.org
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [Jason80134] [ In reply to ]
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I'm really disappointed at some of these responses. I think it's shameful that there are so many cowards who recommend rolling over to this bully. We all need to realize that in these types of situations the cost/benefit equation doesn't end with us individually. If we don't take a stand when things like this happen to us, we let these cycles of violence perpetuate against others over and over.

To the OP - It's great to see that you're not willing to let this go lightly and I respect your courage. You're talking about criminal charges, so you don't need a lawyer and you won't be the one to file suit...that's up to the city/county/state. You just need to keep pushing the DA and/or police to do so. And unfortunately, you may need to educate them on some of the charges that could potentially apply. I don't know what would be applicable, but I'd be searching the Colorado statutes for: reckless driving, road rage, assault, battery, reckless endangerment, leaving the scene of an accident, etc. Good luck!
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [Devlin] [ In reply to ]
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Jason80134 looks to be an account that h2ofun made, so that he can post and agree with himself
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [Jason80134] [ In reply to ]
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Jason80134 wrote:
If you are driving in your car on a two lane roadway where there is a steady volume traffic flowing both directions at 45-55 mph and then encounter another car driving at 15-20 mph, how do you typically react?

As a typical US driver? Or as a sane person who understands traffic, pays attention, and is able to take responsibility for handling a possible deadly machinery?

You can't handle a speed difference of less than 50km/h? Please NEVER, EVER drive in Germany on the "Autobahn" (there you might encounter speed differences of 200km/h).
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [peace242000] [ In reply to ]
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That's a sucky thing for the driver to do. Unfortunately, some seem to give more room to a dead animal in the road or slow down more for a man hole cover than a cyclist.
I wear a camera for protection from animals and drivers. A dog ran out into the road and flipped me on my head. $20,000 in damages and luckily, the owner claimed the dog and I remembered enough about the crash that his HO ins is (somewhat) responding.
$130 for a Polariod (I call it my Paranoid) camera. Cheap insurance. Video documentation is worth A LOT. Even more if you can't recall what happened or can't speak for yourself.

In Indiana, you have to give 3' clearance to a pedestrian including cyclist. Surprised CO is so different.
Still, sometimes you have to be a jerk and take the lane or drivers try to squeeze by and create an unsafe situation.
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [peace242000] [ In reply to ]
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The jerk who hit you, sounds like the type that started the Black Forest fire last year.
By the way, I dropped down from Littleton the day before you were hit, and did the Regional Rocky Mountain State Triathlon.
Colorado Springs is a nice area.
Take Care
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [hammond] [ In reply to ]
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hammond wrote:
There was a story a couple years ago from LA where a Dr was charged after stopping suddenly in fron of 2 riders.

He may have gotten away with it, except someone else had reported it a couple months before. Good thing the first rider reported it.

http://latimesblogs.latimes.com/...clist-sentenced.html

If for no other reason, this.

This guy did it once, he'll do it again.
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [peace242000] [ In reply to ]
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Tell them you neck now hurts......
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [peace242000] [ In reply to ]
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Totally legit. It's at most a summons able offense for leaving the scene of an accident with no injury.

No injury is considered property damage only.

Matt
Race-Ready Endurance Training
Team BIKEWAY.com
NYPD Racing
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [peace242000] [ In reply to ]
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You just need to suck it up and move on with your life. I have been countless times pushed off the road by drivers and its just part of cycling. There are lots of times even when driving that i have had to swerve off the road but i am not filing a police report or trying to sue them if i am fine in the end....that is what counts in my book. It's just not worth your time to go after every driver who does this stuff. Also since he had a trailer he might have misjudged the distance and might have not been intentional to side swipe you. Just today a lady blew through a stop sign as i was in the middle of the intersection and i have to sprint out of her way, she never once looked up (on her phone), thankfully i was paying attention and noticed she was not stopping. This stuff happens all the time and you are fine. The solution is called a computrainer, MTB, or gravel roads where traffic is minimal or larger group rides where drivers tend to be more cautious. I am in fact from north dallas and even with all the hype around bad Dallas drivers Colorado was one of my worst times with traffic.
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [ahhchon] [ In reply to ]
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I've done that with a camera here in New Zealand. (hand guns are illegal here)
If in the USA I'd certainly "carry", to deal with incidents as they happen.

TriDork

"Happiness is a myth. All you can hope for is to get laid once in a while, drunk once in a while and to eat chocolate every day"
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [-Mike-] [ In reply to ]
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lol wut?

I hope the next time you get run off the road isnt your last, but it you are happy to take it time and time again, it may well be.
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [Devlin] [ In reply to ]
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Devlin wrote:
Jason80134 wrote:
Many freeways have minimum speed limits. I think more roadways should have this. That would keep the bikes off roadways where it's not practical or safe for bikes.

If you are driving in your car on a two lane roadway where there is a steady volume traffic flowing both directions at 45-55 mph and then encounter another car driving at 15-20 mph, how do you typically react?


Seriously? Are you suggesting that because you come on a slower moving object on the road it's ok to run them off of it, because they should be going faster anyway?

John


No, I'm suggesting that any mode of transportation should be going fast enough to keep with the flow on a roadway, otherwise it's a dangerous situation. Just because I'm saying that he shouldn't be on the road does not mean I'm saying it's ok to murder him for doing so. Not sure how you made that leap.
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [MrSkinny] [ In reply to ]
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MrSkinny wrote:
Jason80134 wrote:

If you are driving in your car on a two lane roadway where there is a steady volume traffic flowing both directions at 45-55 mph and then encounter another car driving at 15-20 mph, how do you typically react?


As a typical US driver? Or as a sane person who understands traffic, pays attention, and is able to take responsibility for handling a possible deadly machinery?

You can't handle a speed difference of less than 50km/h? Please NEVER, EVER drive in Germany on the "Autobahn" (there you might encounter speed differences of 200km/h).

Why do you think there are minimum speed limits?
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [BarelyTri'n] [ In reply to ]
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BarelyTri'n wrote:
I'm really disappointed at some of these responses. I think it's shameful that there are so many cowards who recommend rolling over to this bully. We all need to realize that in these types of situations the cost/benefit equation doesn't end with us individually. If we don't take a stand when things like this happen to us, we let these cycles of violence perpetuate against others over and over.

To the OP - It's great to see that you're not willing to let this go lightly and I respect your courage. You're talking about criminal charges, so you don't need a lawyer and you won't be the one to file suit...that's up to the city/county/state. You just need to keep pushing the DA and/or police to do so. And unfortunately, you may need to educate them on some of the charges that could potentially apply. I don't know what would be applicable, but I'd be searching the Colorado statutes for: reckless driving, road rage, assault, battery, reckless endangerment, leaving the scene of an accident, etc. Good luck!


You need more life experience.
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [Jason80134] [ In reply to ]
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Jason80134 wrote:
MrSkinny wrote:
Jason80134 wrote:

If you are driving in your car on a two lane roadway where there is a steady volume traffic flowing both directions at 45-55 mph and then encounter another car driving at 15-20 mph, how do you typically react?


As a typical US driver? Or as a sane person who understands traffic, pays attention, and is able to take responsibility for handling a possible deadly machinery?

You can't handle a speed difference of less than 50km/h? Please NEVER, EVER drive in Germany on the "Autobahn" (there you might encounter speed differences of 200km/h).


Why do you think there are minimum speed limits?

Why do you think those are almost exclusively on interstates?

I'm beginning to think that we are much more fucked than I thought.
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [j p o] [ In reply to ]
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j p o wrote:
Jason80134 wrote:
MrSkinny wrote:
Jason80134 wrote:

If you are driving in your car on a two lane roadway where there is a steady volume traffic flowing both directions at 45-55 mph and then encounter another car driving at 15-20 mph, how do you typically react?


As a typical US driver? Or as a sane person who understands traffic, pays attention, and is able to take responsibility for handling a possible deadly machinery?

You can't handle a speed difference of less than 50km/h? Please NEVER, EVER drive in Germany on the "Autobahn" (there you might encounter speed differences of 200km/h).


Why do you think there are minimum speed limits?


Why do you think those are almost exclusively on interstates?

That was the point i was making in an earlier post, that they should establish minimum speed limits on other high volume roadways, just as they do on interstates, to achieve the same results. I don't think dept of transportation people envisioned cyclists riding on interstates, but the same principle applies.
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [Jason80134] [ In reply to ]
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Jason80134 wrote:
j p o wrote:
Jason80134 wrote:
MrSkinny wrote:
Jason80134 wrote:

If you are driving in your car on a two lane roadway where there is a steady volume traffic flowing both directions at 45-55 mph and then encounter another car driving at 15-20 mph, how do you typically react?


As a typical US driver? Or as a sane person who understands traffic, pays attention, and is able to take responsibility for handling a possible deadly machinery?

You can't handle a speed difference of less than 50km/h? Please NEVER, EVER drive in Germany on the "Autobahn" (there you might encounter speed differences of 200km/h).


Why do you think there are minimum speed limits?


Why do you think those are almost exclusively on interstates?


That was the point i was making in an earlier post, that they should establish minimum speed limits on other high volume roadways, just as they do on interstates, to achieve the same results. I don't think dept of transportation people envisioned cyclists riding on interstates, but the same principle applies.

Or perhaps rather than catering to inattentive drivers by creating new laws that reinforce and encourage their bad habits, more effort needs to be placed in enforcing existing laws and educating both law enforcement and drivers about cyclists and their rights. There is absolutely no excuse for a motorist driving 45-55 mph to not see and be able to avoid hitting a cyclist gong 15 mph. That's not even close to the 65+ mph speed limits on interstates, where minimum speed limits make sense in areas where alternative routes like frontage roads are possible. (And not all interstates have minimum speed limits.)

In addition, there is little in the OP to suggest that speed limit differential posed any danger or that a minimu speed limit would have made any difference This was not the matter of an inattentive driver, but rather it appears to be an intentional criminal act.
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [Jason80134] [ In reply to ]
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Jason80134 wrote:

That was the point i was making in an earlier post, that they should establish minimum speed limits on other high volume roadways, just as they do on interstates, to achieve the same results. I don't think dept of transportation people envisioned cyclists riding on interstates, but the same principle applies.

Well, actually they did consider that possibility. That would be why they are banned from interstates and minimum speed limits are applied to all vehicles.

But the other roads are open to cyclists, drivers of 1984 Ford Escorts and my dad. So drivers have to actually pay attention to the act of driving so as to not kill people going slow.

I'm beginning to think that we are much more fucked than I thought.
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [Jason80134] [ In reply to ]
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I agree, I'd definitely like to accumulate many more years of life experience!

However, I already have enough experience to recognize a dangerous bully who'd completely disregard another human's safety. I have enough experience to realize that if this person gets away with it, he'll be much more apt to do it again and injure or even kill a fellow cyclist. I have enough experience to know that I respect people who are willing to take a stand. And I have enough experience to identify a coward and be disgusted by one.
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [BarelyTri'n] [ In reply to ]
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pretty quick to make knee-jerk stereotypical judgments about people, too, I'd say.

sheesh.

~~ kate
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [j p o] [ In reply to ]
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In rural CO, WY and UT you can ride on the interstate. Some times it is the only paved route. If you have a shoulder as wide as a car lane, smooth pavement, and the next services in 55 miles it can be safer than most roads.

Before the Vail pass bike path was built it was pretty common to see bikes on I70 there.



j p o wrote:
Jason80134 wrote:


That was the point i was making in an earlier post, that they should establish minimum speed limits on other high volume roadways, just as they do on interstates, to achieve the same results. I don't think dept of transportation people envisioned cyclists riding on interstates, but the same principle applies.


Well, actually they did consider that possibility. That would be why they are banned from interstates and minimum speed limits are applied to all vehicles.

But the other roads are open to cyclists, drivers of 1984 Ford Escorts and my dad. So drivers have to actually pay attention to the act of driving so as to not kill people going slow.
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Re: Hit and Run Today, HWY patrol says no crime since I'm fine [peace242000] [ In reply to ]
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I know it's been forever, but this finally resolved. They got the guy pretty quickly, at least they had a suspect and found him quickly.

It got more complicated because he was operating an illegal lumber operation in a small town outside of CO Springs, which explains why he sped away even after being confronted. Apparently a lot of these illegal lumber businesses popped up after the two big fires in 2013/14.

Relative to this he was charged w/ reckless driving and leaving the scene of an accident. He's not doing prison time, but the police said he'll likely never drive professionally anymore.

He was also prosecuted in other ways relating to the lumber.


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