Q & A - Know Your Rights
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
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