Comments on: L.A. Doc Takes Out Road Rage on Cyclists, Injuring Two

By: car accident injury claim

car accident injury claim — Mon, 18 Apr 2011 10:24:00 +0000

Usually, when you make a car accident compensation claim, the settlement process appears to be like a slow waltz in which the dancers are moving back and forth in the same place several times. You may not know how much to claim, so you don’t mention anything. But the defendant’s attorney or adjuster will send you a proposal for settlement that is not even sufficient to cover your medical expenses, leave alone the costs of damages to your car, your valuables in the car, and the amount of salary you are forgoing at work because you are stuck on a hospital bed with broken limbs. Not to mention the shock and the trauma it cause, after which you may not have the courage to drive ever again, or even be in a car again, and will thus have to end up being dependent on public transport. So, full of anger, you make a counter claim. The negotiations will continue until you put your foot down and threaten to go to court. But you can’t – since you don’t know whether the court will grant you the car accident compensation claim that you are making.
The best option in such cases is to consult an expert for advice. You could find one online, or take the opinions of others who have been before in the same place where you are now. You could write a letter to the defendant’s insurance company, explaining the level of losses you are facing, and ask them to support your claim. You could include the documents showing the expenditures you are facing as a result of the accident, with evidence that these expenses are being incurred indeed as a side effect of the accident. You could request for mediation or arbitration, where an impartial 3rd party will help you sort out your woes with the defendant.

By: JST Books

JST Books — Mon, 11 Apr 2011 13:26:00 +0000

Judges presiding over road traffic accident compensation claims will not be inclined to make maximum awards if you risked your health by delaying medical assistance, in order to take photographs of the scene.

By: jj

jj — Mon, 22 Jun 2009 21:30:26 +0000

I’ve been commuting daily — miles and miles for years and years — and in my time I’ve been deliberately hit, accidentally hit, unknowingly hit, swatted by a baseball bat, even — and I’ve gotta say: the bike fascists in my town (Austin, crawling with lance wannabees and ill-tempered hippies) who take up the whole road and openly express their contempt of cars are endangering my non herd-minded life — guess who these road rage psychopaths are gonna mow down. Stay right. Obey the laws. Yield to the gigantic metal machines, or I’LL wind up bug splatter.

Thanks.

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By: Richard

Richard — Sat, 30 Aug 2008 05:21:03 +0000

According to the vehicle code a bicycle rider is required to stay as close to the right edge of the road as practicle. A person on a bicycle may leave the edge of the road to avoid obstacles such as poor road surface rocks parked cars dogs pedestrians etc.
A person riding a bicycle may ride out further in the lane when it is a substandard lane. This means if the road is not wide enough for a motor vehicle and a bicycle to occupy it safely then the bicycle rider has the right to use as much lane as they need to avoid being squeesed of the road by an inexperienced driver or a bigot who just does not care. A bicyle rider may also leave the right edge to make a left turn or avoid the right turn lane when going straight. All this is legal provided you give adaquate time for other traffic to respond. Because I respect myself and others I do not endanger others intentionally or otherwise. I bicycle and prefer when I ride with a group to have small groups riding together so it is easier for motorists to pass. All states have the single file law and they also have the substandard lane law. It is an inconvience when a slower moving vehicle is in our way not a reason to attack. The doctor has obviously done this activity many times before and has just recently increased the intensity of his attack. Motorists slamming there brakes on in front of bicyclists rarely gets reported and when it is it is not given much credence. I have had it happen to me and I was to busy avoiding the rear of the car to make an ID. Yes it usually happens when you are alone. I have reported other incidence to police and it had no effect on the motorist who had no intention of stopping his dangerous activities until he did the same to an off duty Florida trooper in front of several other troopers who were not off duty.

By: Infohack

Infohack — Tue, 19 Aug 2008 18:39:20 +0000

This whole incident is outrageous. I think that $30,000 is not a high enough bail for this person. I don’t even think he should be allowed out on bail. Hopefully he will be justly punished for this criminal act.

By: Alice Reed

Alice Reed — Mon, 18 Aug 2008 20:21:48 +0000

I ride daily in small town U.S.A. in the Midwest and we have the same type of irate morons here who scream and gesture and try to drive us off the road at times. This is the worse case I have ever heard. This man should be charged and put behind bars for the maximum amount of time. He is lucky that his two victims survived. Also the 4 men who he tried to kill or injure should get a good sized monetary compensation from him. I hope he is not a Doctor of medicine. MDs are supposed to value and promote human life.

By: Christopher Edwards

Christopher Edwards — Sat, 12 Jul 2008 15:19:40 +0000

Thought it might be helpful here in this discussion to include a link to the Wikipedia page on the California Vehicle Code on Cycling which links to the relevant sections in the CVC. So here it is.

Note a couple things that bicycles are considered vehicles under the CVC. Back when I lived in California, and got my driver license, I remember that the CVC indicates that the buffer zone around a cyclist is roughly the size of an auto. A driver is to maneuver around a bicycle as if they were maneuvering around a car.

Also, to someone that up comments mentioned pedestrians, the CVC also gives the right of way to pedestrians, as long as they are in a crosswalk and not crossing against a light. California jaywalking laws are very strict if you cross against a light as a pedestrian, that would be jaywalking. And yes, you will get ticketed if you are seen doing it by a “peace officer” (the CVC way to describe a police person).

By: cochon

cochon — Fri, 11 Jul 2008 02:24:06 +0000

thanks for the link steve. a psychiatrist. lol.

the guy gets off scott free or with the very worst, community service. a privileged little asshole ruins lives because he has no patience, fuck him. yeah, sure, we all get pissed on the road, but this kind of behavior is inexcusable. period.

expect more and more of this kind of bullshit. we are under siege.

By: Sam Clifford

Sam Clifford — Thu, 10 Jul 2008 23:05:19 +0000

At least this is being treated marginally better than the incident in Sydney not long ago where a motorist slammed on the brakes in front of a pack of cyclists who were all riding legally, early on a Sunday morning in one lane of a wide road with plenty of free space in the other lanes.

I am constantly amazed at people who should know better acting as if they own the road exclusively. This man is a doctor and his intentional injuring of these people is shocking.

By: Andy B from Jersey

Andy B from Jersey — Thu, 10 Jul 2008 22:23:03 +0000

john deere pretty much covered the riding two abreast thing as long as the cyclists are not obstructing traffic. The same rule pretty much applies in New Jersey as well.

Most state laws, like NJ’s which I am most familiar with, state that a cyclist must stay the the right as much as is PRACTICABLE. Practicable is the key word. This means if a cyclist only feels that it unsafe to ride as far to the right as might be possible he/she is allowed to move to the left. Reasons to move toward the center of the road might include potholes, sand/debris/glass or even the cyclist’s speed. It may be possible to ride further to the right but it may still not be practicable.

Also in New Jersey and in many other states, a cyclist can take the lane if the cyclist is moving at the speed limit or the even just the speed of traffic. The speed limit could be 50mph but if traffic is only going 20mph the cyclist may take the lane.

Down hill riding is a prime example where the “as far to the right as is practicable” law can come into play even if the cyclist is not traveling at the speed limit or the speed of traffic. A cyclist might need the full use of the road to safely navigate the road at speed. Since it may be unsafe to move from the center or even left part of the lane it is no longer practicable and hence the cyclist can legally take full control lane of the lane.

This is probably the rule that the cyclist used in this California case. Plus one of the comments from a direct witness on Streetsblog LA said that they were traveling at speeds between 25 and 30 mph as they were heading down hill on Mandeville Canyon Road. Looking at the road on Google Maps you can tell that it is a twisty residential canyon road and I would be very surprised if the speed limit was anything above 35mph. If it was only 30 mph this Doc is totally screwed which I hope he is anyway.

By: Urbanis

Urbanis — Thu, 10 Jul 2008 21:36:09 +0000

So that explains it! Dr. Thompson was simply generating more business for himself. (just kidding!)

By: Mark Walker

Mark Walker — Thu, 10 Jul 2008 21:13:37 +0000

Steve, your link points to a psychiatrist. The Dr. Christopher Thompson who went berserk was identified as an emergency-room doctor. The name is probably common enough to cause havoc for a great number of innocent Christopher Thompsons.

By: Steve

Steve — Thu, 10 Jul 2008 20:26:33 +0000

http://christopherthompsonmd.com/

flame away

By: john deere

john deere — Thu, 10 Jul 2008 19:03:28 +0000

jimjr: Your assertion that the cyclist rear-ended the doctor is ridiculous in light of what eyewitnesses have said happened.

But to answer your question,with an example. In NY State, it’s illegal for a motorist to open a car door into someone else’s right of way, including a cyclist. No one would legally accuse the cyclist of running into a car door (except for some thoughtless people in the media who report on such things.).
One of the basic legal concepts of “right of way” is allowing a road user to have their space on the road, and some kind of a buffer space around it to stop or maneuver in time. Just to give another example, someone changing lanes has to yield to someone in that lane. If they move over and collide with that person, it would be legally incorrect to accuse the person already occupying the lane of slamming into the car that was moving over. Another example: motorists & cyclists are supposed to yield to pedestrians, but that doesn’t mean that a pedestrian can simply step out into a space that is going to imminently be occupied by another vehicle, in such a way that they can’t stop. In other words, the burden of yielding & respecting someone else’s right of way belongs to the vehicle or cyclist making the change, not someone continuing what they’re already doing. Recommended reading for you: Bicycling and the Law, by Bob Mionske. You should also take a League of American Bicyclists Road I class, which will describe local cycling law, and rights of responsibilities of cyclists, as well as how cyclists fit into traffic.

By: Mark Walker

Mark Walker — Thu, 10 Jul 2008 18:26:59 +0000

Yes, jimjr, when the jurors see what a mess that biker made of that lovely car window with his nasty old skull, they’re sure to feel surges of sympathy for the driver who sped ahead of the bikers and slammed on his brakes.

By: jimjr

jimjr — Thu, 10 Jul 2008 18:21:13 +0000

john deere:what do the laws of 50 states say about a bicyclist rearending a car? I for one believe that the citizens of So Cal will be safer with this road warrior(Peterson) out of action. He obviously was out of control

By: Max Rockatansky

Max Rockatansky — Thu, 10 Jul 2008 16:12:33 +0000

According to the article the cyclists were pulling over to allow the car to pass. I’ve also noticed a few comments on the LA blogs that the doctor has a history of aggression towards cyclists, an earlier incident prompted a police visit to his residence.

The trolls can be as tough as they want, I’m sure that at the end of this (if not already) the doctor will regret his actions. A moment of anger and he’s brought down a world of hurt on himself. Facing prison, a felony record, fines, civil cases, and who knows what else. At some point he might even regret the fact that he caused serious injury to two people because he had to drive a little slower.

By: john deere

john deere — Thu, 10 Jul 2008 15:20:36 +0000

JimJr and Dave: The laws of all 50 states give cyclists the rights to use the roads regardless of their traffic speed.

Urbanis: laws requiring single file cycling vary by state and municipality. Some do require single file cycling; others allow riding two abreast, but require going single file to allow overtaking vehicles to pass more safely and easily. NYSVTL &1234 says cyclists can’t ride more than 2 abreast, but they must pull single file to allow overtaking vehicles to pass. Now you’ve seen it!

By: Mark Walker

Mark Walker — Thu, 10 Jul 2008 15:16:17 +0000

OK, let’s add up the doc’s liabilities. I’ll flag the ones I’m not sure of:

Assault on Peterson
Assault on Stoehr
Reckless endangerment (?)
Destruction of Peterson’s property
Destruction of Stoehr’s property (?)
Verbal threats to third biker (?)
Attempt to leave scene (?)
Other traffic-related violations (?)
Car confiscated, weapon and thus evidence
Driver’s license revoked (not suspended!)
Medical license revoked
Civil suit from Peterson
Civil suit from Stoehr

Have I missed anything?

This followup story in the LA Times details the injuries. I won’t repeat them here. Dr. Thompson identified himself on the scene as a doctor, then refused to offer the two injured men any medical help.

The soon to be former Dr. Thompson has a brilliant future ahead of him delivering pizza. Oh, wait a minute, he won’t be able to drive. Maybe a paramedic. Or a job with the AAA. Is their LA office reachable by public transit?