Road Rage - What to do ?
........I have heard countless similar examples of cyclists enduring this kind of abuse (and much worse!) from motorists with many just letting the matter go because they can't be bothered or are unsure of what action to take or are simply fearful of retribution. I can understand all of these reactions, however,  I strongly believe that in cases of definite or extreme negligence and/or criminal behavior (assaults, malicious damage etc.) it is our responsibility to take matters to the full extent of the law in order to prevent somebody else getting cleaned up in the future. If enough cyclists did this, it would not take long for the message to get around the general motoring public and behavior would change. This of course would be a double edged sword and require us as a group to also act more responsibly as legally entitled road users.?
 I would now like to give some relevant points on taking these matters further should you be involved in an incident with a motorist.?
I am assuming that you or anyone else has not sustained a serious injury.
Otherwise, safety and first aid are obviously a priority and legal processes can be worked out later
After the incident, try and remember the vehicle rego number and vehicle description and write it down ASAP. Also, driver and/or passenger descriptions.
Try and remember exactly what happened when, where and what was said in the order that it occurred. Also, write this down ASAP preferably in a diary or similar.
Attempt to ID any witnesses and obtain their details. Ask what they observed and also ask if they would be prepared to give a statement and appear in court if necessary. Try not to scare them off! Guess what, yep, write this down. You can't write down too many notes but try and keep them relevant so as not to confuse yourself later. All this is to assist in the production of your statement.
Consider how the vehicle was driven, what you were wearing, did you have activated red lights or white lights. Were you easily identifiable (this goes towards disproving that the driver simply did not see you as a defence to a manner of driving)
What speed were you riding at on your computer at the time? Were you riding in a safe and controlled manner? Even though by law you are entitled to a full lane of the road either one up or two, where were you riding in relation to the lane? what were the weather and road conditions at the time?
Consider drawing a diagram to assist you with your recollection of what happened including distances. Also consider going back to the incident site and taking a few photos. These can be produced at court later and the magistrate will love you!
All of these points should go into your statement and any other information you believe is relevant and that  may assist a magistrate later on in determining the guilt or innocence of the offending driver.?
Don't be told what to write in your statement. A police officer will probably be present and be typing the statement (or writing it in their notebook). Don't be influenced to use police jargon (e.g. the driver alighted from his vehicle) This is your statement and should be in your words. This all goes towards proving your credibility as a witness and will assist in proving the guilt of the driver should he/she contest the matter or assist a magistrate in determining a penalty.?
Obtain a copy of your statement. Make sure you have signed it. Get the details of the police officer that you reported it to. Ask politely for a follow up call ASAP to advise you of the police report computer event number (this number will start with an E - go figure!) and of how the matter is progressing.?
If you sustained any physical injuries or you bike is trashed. Have it treated/ documented/ photographed and as far as bike damage goes, an assessment of the cost of the damage.?
If the matter goes to court, you may refer to your statement in order to refresh your memory - it will probably be months since the incident. If you are giving evidence and are being cross examined and don't remember a detail, don't get caught in the trap of making something up or guessing. It's OK to forget something and you would be expected to many months after an event. It will add to your credibility if you just say "I don't remember".?
After giving evidence, don't talk to other witnesses who are about to give evidence.?
Dress appropriately for court. Don't go looking like you just got out the pub at 3 in the morning!
If you suffer loss of earnings due to your court appearance, ask the investigating police for a witnesses expenses claim form. You'll probably not see a cent for years but it's worth a try. Bob might cough up eventually!
If you are not sure of what to do at any point during the prosecution of your incident, ask the investigating police. They will guide you.?
If you haven't heard news of what is happening with your matter for several weeks/months, call the investigating police. Traffic matters have a statute of limitations of six months in order to effect a prosecution. Criminal matters have not such limitations but still best to keep on top of it. Generally, the longer things go on, the harder it is to get a positive outcome.?
Consider that this will be a fairly minor matter to the police compared to most things they have to deal with but to you it will be very important as it involved your life and well-being.
Don't be discouraged in the unlikely but possible event that you are faced with a less than enthralled policeman/woman when you report the incident. If it is just after the incident occurred you will be all pumped up. It is worth taking a few minutes to catch your breath, calm down and collect your thoughts. This may also help you in remembering the event in clearer detail.?


If you have any further information or comments to add please send to me