Distracted / Disgruntled Driver Information

What should you do?
By Attorney Adam Z. Morris

Improving the experience for cyclists on the roadway requires the continued safe integration of cyclists and motorists on the roadway.  But chances are you have been faced with a disgruntled or distracted motorist that believes cyclists should not be in the roadway. These motorists can be distressing to cyclists and can even go as far as striking cyclists. If you are involved in a roadway incident or collision, it can be a scary and confusing experience. However, the time immediately following an incident or a collision is the best time to begin collecting evidence that can best serve to protect your rights and safety as a cyclist. 

With advancements in technology, seeking out an appropriate go camera and riding mobile app within your price and experience range will continue to develop as a best method to protect your rights and safety because you can capture and save interactions in live time.  Otherwise, if you are able to ride in a pair or group you will ensure yourself witnesses to any type of incident or collision.

• If you have encountered a disgruntled driver:

  • If it is safe to do so, take photographs or video of the incident, make and model of the vehicle, driver and any passengers. This should only be done if it is absolutely safe, there is no reason for anyone to incur injuries to preserve evidence. 

  • Never engage with a motorist if they appear angry or agitated. It is better to recount an event than put yourself in further danger against a driver in a vehicle

  • Do not feel pressured to follow the vehicle to personally rectify the situation

  • Contact local authorities and provide the above information to any dispatch personnel

    • Vehicle registration information can be looked up by license plate number by authorities or an attorney at a later time

  • Take the time to look around the general area of the incident and determine if any businesses, homes, or intersections in the area may have cameras that could have captured the collision. Often, businesses will only retain recordings for 24-72 hours and so reaching out to them prior to speaking with an attorney, or getting an attorney involved ASAP is critical if there could be a potential dispute as to the cause of the incident. 

  • If there are witnesses to the incident, attempt to get their contact information, including their name and phone number, as well as a brief account of what they saw. Independent witnesses can provide additional credibility to your claim and can be used to help your case if necessary.

• If you are involved in a collision with a motorist or another cyclist:

  • If it is safe to do so, take photographs or video of all the bicycles and vehicles involved in the collision before they are moved. This should only be done if it is absolutely safe, there is no reason for anyone to incur injuries to preserve evidence. 

  • Move to a safe location to exchange information and collect the following:

    • Pictures of all license plates

    • Pictures of drivers’ licenses of the involved parties

    • Pictures of insurance card or write down the other driver’s insurance information (you will want to collect motor vehicle insurance and homeowner’s or renter’s insurance information if you collide with another cyclist)

  • While at the scene, take pictures of the damage to the bicycles and vehicles involved. These pictures should include:

    • Damage to all bicycles and vehicles involved in the accident.

    • Traffic control devices including designated bike lanes, stop signs, yield signs, traffic lights, crosswalks, etc.

    • Pictures of the intersection, any road markings, and any marking from the vehicles such as skid marks, lost fluids, etc.

  • Take the time to look around the general area of the collision and determine if any businesses, homes, or intersections in the area may have cameras that could have captured the collision. Often, businesses will only retain recordings for 24-72 hours and so reaching out to them prior to speaking with an attorney, or getting an attorney involved ASAP is critical if there could be a potential dispute as to the cause of the collision.

  • If there are witnesses to the collision, attempt to get their contact information, including their name and phone number, as well as a brief account of what they saw. Independent witnesses can provide additional credibility to your claim and can be used to help your case if necessary.

Many times, police may be unable to come to the scene of the incident or collision if they are otherwise occupied or the incident does not require immediate medical attention or transport. In fact, you may be told to “exchange information and let insurance figure it out.” The problem with that statement is that insurance company representatives are not at the scene and each company will take their insured’s recollection of events as fact, which results in a “you said, they said” situation. 

If police do respond to the scene, many times they may not always collect all the above information to make their determination if a citation will be issued. Stress the importance to them that they at least make a report of the incident or collision. If a citation is issued to the motorist, then the driver may pay the ticket or attempt to fight it in court. If they dispute the citation, you may be subpoenaed to testify as to the events of the citation. It is important that you appear to testify because if you do not, and if the ticket is dismissed, it may make your insurance claim or civil suit more difficult.

In the event that you are transported from the scene via ambulance, you will have to rely on police accurately documenting all the information and then creating the report. However, to protect yourself you may want to send a friend or family member to document the above information if possible—especially as to the existence of a video of the incident since most businesses only retain footage for a short period of time.

Although collecting all of the information listed above may seem excessive, it is absolutely essential that you gather as much evidence as possible in order to protect yourself and your interests as a cyclist.  Cyclists best way to continue to protect themselves on the roadway is to fully execute and protect their own rights to stop motorists from continuing to infringe on sharing the roadway. Other active ways to protect yourself on the roadway include learning and understanding state and local laws and regulations concerning use of bicycles on the roadway and how your motor vehicle insurance and homeowner’s or renter’s insurance protect you if you are injured while riding. Stay safe and stay riding!