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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?



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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.

.

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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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