Critical Mass April Critical Incident

franx's picture

So yeah, I got hit by a car during Critical Mass April, I wasn't hurt, my bike wasn't damaged, the driver wasn't drunk. Here's the scoop.

The mass was turning south on Peachtree from 10th to end at Woodruff Park, and I corked a lane, leaving me at the end of the mass. Then a young woman probably college aged (I guess in a Toyota... I don't really remember) starting honking and yelling out of her window at the mass pretty intensely... things like "Are you SERIOUS? You have to take up both lane? Oh my GOD!"

I generally try to assume the role of peacemaker during mass, since there's already so much negativity in the air, from motorists and cyclists alike. At first I just waved behind me and yelled "Thanks for your patience!" After 5 or so more minutes of yelling and honking I contemplated trying to explain to her how the only way to keep the mass "moderately" safe is to stay together, that's why we take up both lanes and try to keep cars out of the mix.

But before I could do anything she passes me and several cyclists near me against the double yellow lines, then got back on the right side of the road and weaved her way half way to the front of the mass, nearly clipping about 20 - 25 cyclists on her left and right side along the way. Hommie don't play that.

So she gets caught at the light where Hooters and Planet Hollywood are (I think it's Independence?) and myself and the really tall chick I've met several times through FM relations (I think her name is Melissa... sorry I'm really bad with names) position ourselves in front of her. I had the intention of holding her there until the second half of the mass caught back up and the whole mass hopefully would get far enough ahead of her that she wouldn't have the opportunity to endanger any more lives before we reached Woodruff Park. Several other cyclists who witnessed her tirade stopped and engaged in a little conversation about being a courteous driver and how critical mass works and how there are hundreds of us and one of her and etc. etc. etc.

This angers her more, and she threatens to run me over if I don't move out of the way. I ignore her, and she hits my back wheel. Now the conversationalists start yelling louder, she starts yelling louder, and she hits me again. I make a quick examination of my wheel to ensure that it hasn't been damaged, and before I look up she has pulled around me against the double yellow lines again, run the red light, pulls back into the right lanes and continues weaving through the entire mass.

Toward the front of the mass, she runs another red light to get around some more bikers who didn't want to move, and nearly runs head on into a motorcycle cop on HIS side of the road, she's against the yellow lines again. The cop turns his lights on, she gets back into her proper lane, now completely free of the mass, and speeds off. The motorcycle cop turns his lights off once he's through the intersection and continues north, away from the maniac who just endangered the lives of most of the mass. He isn't seen again. Atlanta's finest my ass.

So I assume that she's gone. Just another day cycling in the city, getting shit on by motorists and being powerless to do anything about it. We end at Woodruff part and several minutes later I hear a dude yelling "Who was that that got hit?" I recognize him as one of the witnesses to the incident in front of Hooters, so I say "Hey that was me!" He tells me that she's been pulled over just south of the park by GSU Police, and they want me to make a statement.

We have to wait for APD to show up since it happened on their turf. I finally tell an APD cop my story. He's sympathetic (he actually tells me he's a cyclist himself) yet he doesn't charge her with a Hit-And-Run because technically I was the 'aggressor' since I pulled in front of her car and refused to move. By this definition it seems my Nissan could die at an intersection, and by hindering the movement of the car behind me I'm being aggressive to it??? Anyway I personally think that's bullshit, but I wasn't about to argue with the cop, because that WILL NEVER HELP IN THESE SITUATIONS! Legal/Illegal matters more than right/wrong to these guys. But damn it would have been nice if she was charged with a Hit-And-Run, because I would have got to see her hauled away in handcuffs. /fantasy

So what ACTUALLY happened was the cop hits her with two tickets, one for reckless driving and one for something else I can't remember. There's no way to bust her on running the red lights or crossing the yellow lines because no enforcement officer or device witnessed it. The cop tells me off the record she'll probably have ~$300 in fines, but i MUST show up in court and testify or the case is dropped.

So there's a court date Wednesday May 28th at 3:00 pm at the court house on Pryor street. I'm going, and I'm riding my bike. What do you guys think? Would it help/hurt/not matter if any other cyclist want to show up? If you think it would help, feel free to join me. Maybe even wear a jersey.

ckdake's picture

Well played! you didn't

Well played! you didn't have to punch out her windshield or cuss her out or get in a fight with a cop, and she's got a fine to pay.

conjob's picture

i wasn't at CM this month, but

thank you thank you for acting calm and reasonable in that situation.

this woman sounds like a total asshole, and deserves more than just a $300 fine, but i'm glad you weren't an asshole back.

franx's picture

Thanks

I generally try to be a courteous cyclist, especially during critical mass... what with all the negativity often surrounding it.

But I still ride cuz it's still fun... Happy Friday muthafuckas!

kurt's picture

More witnesses could help

The judge will call ALL witnesses to the stand - and the more people that stand up against the lady the better.

RE: jerseys - don't do it. Judges give a shit about your being dressed properly for court, and they may ask you to leave. Business casual but not flashy is what I suggest.

If noone shows up she is definitely off the hook. If you do showup, she gets a big ass fine, gets really angry, and maybe mows down more cyclists to vent her anger. But maybe the judge has the wisdom to revoke her license? That would be sweet.

franx's picture

Yeah

On second thought I think you're right about the jersey thing.

There were about 4 or 5 witnesses who also talked to the cop, but I didn't think to get their contact info, except one of them who happened to be a lawyer and gave me his card... Although I'm not planning on pursuing any additional legal action. Unfortunately I didn't recognize any of them from FM (except for maybe Melissa?), but I did tell them that I'd probably post something about it here, so if any of you witnesses read this feel free to create an account and post. One guy did get MY contact info, so I'm hoping to hear from him about coming to the court date.

Stupefying Jones's picture

Here's my tally so far with

Here's my tally so far with APD and hit-and-runs.

1) Gave full description of the car and license plate. 2 corroborating witnesses. They never even called the registered owner of the car.

2) Gave full description of the car and license plate. No corroborating witness. I've pestered the hell out of them for the last seven months, documenting every single phone call. The registered owner claims he sold the car but refuses to give any documentation of sale to the APD. (also, he's still got the same license plate number, so his story doesn't hold).

They say they can't press criminal charges b/c no extra witness (what was the excuse the first time, i wonder?). But finally gave me the guy's info last week so I can proceed with civil.

kurt's picture

double post

fixed

?

Was this a white Toyata SUV? Blonde sorostitute type?

franx's picture

Silver compact car

But yeah total blonde sorostitute. In answer to the standard FM question, she was hot, and tried to use her hotness when she told the cop innocently that she had no idea she hit me, and felt reeeeeeeeally bad. This makes it even better, cuz hot chicks always get away with shit, but not this time. HA!

I totally have her name and could probably easily find her myspace page and subject her to loads of hate mail. She's lucky I'm not an evil person.

pwnela's picture

$50 says

she was a GT ZTA zomg lol.

IndyFan's picture

~$300 in fines

~$300 in fines, but i MUST show up in court and testify or the case is dropped.

Consider this: If she pays the fine prior to the court date the case will be settled, she won't have to show up, and you will have wasted your time. Happened to me in Decatur court.

franx's picture

Good catch

I guess I can call a couple of days before to see if they case is still on, right?

snot rocket's picture

I'ma show if i can.

I'ma show if i can.