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Q & A - Know Your Rights

Q:
As a cyclist, do I have any rights or recourse against a driver who drives in an aggressive or threatening way, but makes no contact with me and I have no physical injury?

A:
Aggressive driving is an issue for all road users.  Because of this problem, the Colorado State Patrol's Star CSP (*277) aggressive driver program was implemented to report drivers who put others at risk. Additionally, the Colorado statutes set forth a number of crimes that can be brought against an individual who “crosses the line” with respect to their aggressive driving behavior.  Some examples including menacing (C.R.S. § 18-3-206), reckless endangerment (C.R.S. § 18-3-208), and harassment-stalking (C.R.S. § 18-9-111).

C.R.S. § 18-3-206.  Menacing

A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury.  Menacing is a class 3 misdemeanor, but, it is a class 5 felony if committed:

(a) By the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or

(b) By the person representing verbally or otherwise that he or she is armed with a deadly weapon.

C.R.S. § 18-3-208.  Reckless endangerment

A person who recklessly engages in conduct which creates a substantial risk of serious bodily injury to another person commits reckless endangerment, which is a class 3 misdemeanor.

 

C.R.S. § 18-9-111.  Harassment--stalking

A person commits harassment if, with intent to harass, annoy, or alarm another person, he or she:

(a) Strikes, shoves, kicks, or otherwise touches a person or subjects him to physical contact; or

(b) In a public place directs obscene language or makes an obscene gesture to or at another person; or

(c) Follows a person in or about a public place; or (continued)

(h) Repeatedly insults, taunts, challenges, or makes communications in offensively coarse language to, another in a manner likely to provoke a violent or disorderly response.

It is of paramount importance that the driver of the vehicle be reliably identified. Charges would be brought against the driver, not the car, so identification of the vehicle is only part of the process. When filing charges it is important to get a good look at the driver as well.

 

The decision with respect to whether or not to issue a summons on these charges rests with local law enforcement agencies.  If a summons is issued, the decision to prosecute rests with the district attorney’s office.  As the victim of a crime, it is not necessary to retain an attorney, nor is there any direct financial cost to the victim if a decision to prosecute is made.

 

Criminal charges, as opposed to civil claims, can ultimately result in the wrongdoer receiving punishment, but in the absence of direct pecuniary (financial) loss to the victim, restitution is not awarded.  There are a number of civil claims that can be made against wrongdoers if the victim sustains damages.  Civil claims are private causes of action where a private attorney is typically retained.  Civil claims can be brought pro se (without an attorney), but that is often an unwise strategy unless you are proceeding in Small Claims Court.

 

If you are the victim of an aggressive driver, and are able to positively identify the vehicle and driver, there is really no downside to reporting the aggressive driver.  In fact, as cyclists, we owe to ourselves and each other to report aggressive drivers.  Working together, and through Bicycle Colorado, we can help make roads safe for all of us.

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