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VIC Etiquette V’s Legal liability

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by egiste, Sep 18, 2006.

  1. Well a long story short, on the way to work today I was splitting at the lights and just as I split past him, a 4WD swung the front out and I nearly hit it.

    I looked back, thinking that I was in the wrong for splitting past a car that was pulling out and to my horror, he was laughing and giving me the finger. The bastard had done it on purpose to give me scare (which it did).

    Well since the lights were red I turned arround and went back up the push bike lane to 'have a chat' (by now he had stopped laughing :grin: :grin: )

    I pounded on his passinger window and screamed at him for a good long while. He was a mid 30's - early 40's well dressed business guy and was now cringing in his drivers seat and with his hands up, saying "Im sorry Im sorry".

    Any way the lights went green and I gave the window one last pound took off through traffic as fast as I could.

    Ok here is the question. I have no doubt that my actions this morning were the right thing to do. I have a strong feeling that this guy wont try to have a go at any other riders without remembering this mornings encounter, but I must have broken a heap of laws to do it.

    So has anyone been booked for telling of a dangerous driver ??
    Can I get an assult charge (aka for "road rage") for this sort of thing ??
    It is a good enough defence that this person had just tried to cause me serious harm and I was responding to the threat ??
  2. If you get that cop who booked the guy for stretching his leg you're in trouble. But any 'normal' cop would probably send you on your way while he has a 'chat' to the driver.
  3. I think you handled it right. No damage done by banging on a window.

    I dont think its even road rage really, you didnt damage anything or try to assult him so its ok. :grin:

    You could get booked for leaving the bike running on the road or keys in (if you did).

    Sorted the prick out good, they think they are top shit in their urban assult vehicle, but when you get off they crap themself :LOL:

    Of course theres the danger that they will happily get out and stab/shoot you :roll: But you have to handle things like a man occasionally, not just have a cry about things. Cops wouldnt care about you complaining in this case and he knew it, but have forgoten the law of the jungle :twisted:
  4. All I can say is if he was laughing at you, then he got what he bloody deserved and was lucky that it was only the window you were pounding and not his face.

    Seriously, I can't see what people have to gain out of trying to make a biker crash. Life isn't like funniest home videos.....coming off hurts :(
  5. From a legal point of view it's the wrong thing to do, and keeping a level head would've been the 'right' thing to do.

    But from a moral point of view the wanker deserved every bit of heart-palpatating fear you stirred in him and hopefully, thanks to your actions, he will no longer commit such idiotic acts which could potentially kill a rider.
  6. Yeah egiste you did the right thing and if he is stupid enough to report you to the cops then you have attempted murder to pin on him... especially considering a car/4WD is considered a weapon.

    You did the right thing for bikers all over. :) Thankyou.
  7. No, I turned the bike arround and rode back against the traffic up the bike lane :oops: then turned around (so I was facing with the traffic) before opening my mouth. This gave the guy some time to think about what was happening and to lock his doors (which he did just as I was behind him :grin: :grin: )
  8. It's a pity it wasn't the face he pounded on. I had a 4WD do similar to me once. There's a small roundabout near here (funny that!) where one lane is separated from the roundabout. The traffic in that lane just go straight past it. Exiting the roundabout where I do, you have to merge down into one lane, right next to the separated lane. Some a$$hat in his 4WD swerved at me after I'd merged. I just gunned it to get the hell outta there, but boy! did I want to give the motherf---er whatfor! Especially since he laughed while I was looking straight at him.
  9. You're wearing a helmet. Next time head-butt the window and talk to him in person.
  10. Hmm, that tire iron in a holster down the fork is sounding better all the time... well, not really, 'cos that would put it over the line, legally speaking, but it's a nice fantasy.

    Hopefully this guy got the message not only from the fear and the pounding, but I'm sure from the explanation (after filtering out some of the shorter and blunter words!) that I'm sure you gave him of how dangerous his stupid actions were.
  11. as already said... legal liability you're most probably cooked! (although there is a lot to be said for the defence of provocation and maybe even a [very long and unlikely] stretch to self defence, in that you seriously and with good reason feared for your life)

    morally.... he was a wanker! f**k 'im!!! he's just bitter that he's driving an over priced gas guzzler and clearly not having the same fun and freedom that you do.... he's probably got a very small pen*s as well!!! ;)
  12. beibg small, blond, and female is great in those situations. they don't expect you to do anything and noone believes them when they say you assaulted them. :shock: :twisted: :grin:
  13. There was none of that on SATURDAY riding from Cranbourne to the MOTO GP this weekend!
    I have never seen more polite drivers in my life!
    Do you think that the large amount or biker numbers had anything to do with it? hehehe!
    With Numbers in the 10's of thousands I wouldn't f#@K around!

    Is A$$holes like this that I'de put in the class of terrorist. Take his reg and post it. I'll bet that would be funny!
    Put him on the A$$hole list!

    Its this type of A$$hole that would say sorry after he killed you! He should be charged with attempted manslaughter because he had intent to knock you off and he thought about it as he saw you overtaking!

  14. Vigilante Justice in Traffic:

    So boys and girls!
    -Someone has knowingly caused you to fall off your motorcycle while filtering?!

    It can be a tricky position:
    - You maybe should not have been filtering, and hence can't call the police or have insurance make this guy pay.
    You are angry, un-hurt, are going to have to buy a new indicator and brake lever... and someone needs to be taught a lesson.

    You want to take the law into your own hands.

    Traditionally bikies have used reprisal property damage as warnings to cage drivers for years!
    "You nearly merged into me, so I'm kicking your tail-light in. Consider yourself lucky."

    ... but this does have problems.

    So we need solutions!

    We all know without a 3rd party witness to a traffic incident, it's a he said, she said balance of proof that results in no joy for anyway. Normally motorcyclists get screwed by this as when everyone just pays for their own stuff - motorcycles get cracks and breaks instead of scratches.

    You must use this to your advantage.

    Damage the front of the vehicle

    The next car in front is unlikely to be witnessing the incident in their rear-view mirror clearly. Speed is also a key here, if you make a big scene with yelling and shouting: people will be watching you already!
    These people may later be called "Witnesses"... and we don't want any of those!

    Damaging the front of the vehicle means the other car behind the one your damaging also does not have a clear view of what you're doing.
    You may elect to damage a front fender, or a diagonal left/right at the front of the vehicle to eliminate the possiblity of witnesses from the side.

    The bonus is the driver who you want to teach a lesson to, can see you VERY clearly ruining his day :grin:

    Analyse the traffic around you and cause damage somewhere where other drivers can not see it.

    Cover your tracks

    It is unwise to cause damage and annoy someone in an inescapable situation.
    Before stopping your bike, make sure you can filter away from the scene swiftly.
    Do not switch your bike off, select neutral and leave it idling for a quick mount up and escape after justice is done.
    If possible, use something to cover or at least partially obscure your number-plate before the driver can see it and make a note, either when parked or when you leave the scene.

    Choose your target

    You do not want to hang around.
    You want to do a nice bit of damage as quickly as possible and get out of there.
    Target things like headlights and mirrors - these can be easily damaged and costly to replace. Damage might satisfy your anger, but the only punishment for the driver of the cage is an economic one when he gets a bill for repairs.

    Get an alibi

    If a friend will testify you were somewhere else at the time, that's fine... but even better:
    After doing your damage, ride as quickly as you can to a completely separate arterial road with a toll on it, pay cash and get a receipt that displays the date and time you went through. Keep it, just in case, to prove your whereabouts are different to the incident if you are identified and accused later.

    Change your style

    You don't want this schmuck [or whatever else rhymnes] to see you in traffic the following day and try to kill you.
    If possible, use your old jacket with the different colours when you ride that route. Get a different helmet: swap with a mate or someone that doesn't ride in that area.
    If you have a spare one, use that.

    Change the appearance of your bike if you can - for some of us, this is as simple as cleaning it :grin:
    But for the more paranoid do something significant that sets it apart without the hassle of paint-jobs.
    Get a luggage rack, or polish your exhaust or something. These little things will hopefully put enough doubt in the driver's mind for you to escape identification.
  15. Ktulu that is a stupid and irresponsible post for a forum that can be read by anyone.
  16. If you're going to do something. Do it properly.

    Satirical... yet informative.
  17. Legally you didn't cross any lines that i can see! And good work for getting righteous on his arse. Why they don't swerve at big ugly bikies with tattoos and patches with skulls on them has got me beat. If they want to act tough, that would impress me.

    One time i had cabbie swerve at me, on purpose, through an intersection with tram lines. About 50 metres up the road there was a pd crossing that turned red and he pulled up there.
    I stopped behind him, got off and went up to the window. I was about to start my tirade when he started mouthing off at me! So I clocked him.
    People came running from everywhere, this was when roadrage was all over the media. They were all yelling at me that they saw it, and told the cabbie to get my reg, which he did.
    Once everyone calmed down a bit, I looked at him and said, go right ahead and tell the cops what i did, then I'll tell them what you did, and we'll take it from there. Never heard from him.
  18. I like Ktulu's notes :grin:. Justice with a *cool* head.

    I just wished I'm good enough in english to do proper verbal spray.
  19. Lol, I don't think it matters what you say or what language you use, the point gets across !!

  20. Sometimes talking just doesn't get the point across. :twisted: