Stay calm. Do not retaliate. Click a photo to document the incident. When attacked or hassled by a hostile driver, these helpful actions are often easier said than done. I have been in this situation before myself and can attest that when your physical safety is put at risk by a motorist, a natural reaction is to respond with fright and fury. Lashing out may offer fleeting satisfaction but is not likely to change driver behavior nor help your legal case should the driver’s conduct cause harm.

Recently, we resolved a property damage claim on behalf of a client, a bicycle messenger, who was the victim of driver road rage. It was not the biggest case in terms of settlement value, but our client’s response to the incident provides a solid example of just how to behave in the face of a raging motorist. I mention that he is a messenger because folks in that line of work are too often misunderstood and written off as roguish outlaws. That unfair, inaccurate otherizing of people that work on their bikes is in need of correction.

Back in late December, 2020 just before noon, a driver stopped his Nissan Rogue SUV in the marked bike lane on the north side of the 2200 block of West Augusta Boulevard in Chicago. At the same time, our client (I’ll call him “Bobby”) was riding his bike westbound in the bike lane on Augusta. He was in the midst of working a shift for a well-known bike courier company. As he came upon the SUV blocking the bike lane he saw that there were two open, legal parking spaces near the vehicle, yet the driver appeared to be languidly chatting with another person. Riding by, Bobby shouted to the driver that he should, “Just park already,” in one of the open, legal spots. He used no profanity, did not strike the vehicle and did not stop. He continued riding west giving the matter little additional thought. After riding through the intersection of Augusta and Oakley he suddenly sensed an object whiz passed his head and strike a parked car to his right. It was an object, perhaps an egg, thrown at him by the same driver whose SUV had blocked the bike lane. Shortly afterwards the two were forced to come to a stop at the traffic light controlling the intersection of Augusta and Western Avenue. Bobby took out his smartphone and took photos of the driver and vehicle, documenting the license plate in case it was needed later. The driver, seeing this, proceeded to flip him off before turning left to go south.

Bobby also proceeded south figuring he would not see the vehicle again. He called the police to report the incident, providing authorities with the license plate number. He was walking his bike along West Walton Street, one block south of Augusta, and talking to the police dispatcher when he suddenly saw the black Rogue coming toward him. He leapt out of the way to avoid being struck. However, his bike was hit by the speeding vehicle, leaving it demolished.

The bike, vital to Bobby’s work, sustained nearly $870 worth of damage. Thanks to his quick reaction and a bit of luck Bobby himself was not hurt.

This could have been a hit and run situation in which the driver was not found leaving Bobby and myself just shaking our heads at another senseless attack on a cyclist. The driver apparently thought he would get away with his outrageous, destructive behavior. But armed with photos that revealed a license plate, Bobby called us. With the plate number we found the SUV and learned the name of the owner, a woman who I phoned. After leaving a voice message, the woman’s son called me back and admitted that he had been the driver. At my request, he provided me with the name of his auto insurer, AAA. The rest was easy. I wrote a letter to the insurance adjuster, including the photos and a repair cost estimate prepared by the folks at Comrade Cycles. Soon after the letter went out, the adjuster called me and asked, “Where do you want me to send the check?”

I knew what to do once Bobby contacted me, but it was his calm smarts under stress that lead to the driver being held accountable for the damage he caused. He took photos, did not retaliate or get into a shouting match with the driver. He made sure to call the police to get a crash report. The damage to his bike was photographed and well documented by a respected bike shop. Bobby contacted a lawyer, me, soon after the incident. All of these steps lead to resolution of his case, meaning I had a check for the full amount of the damage to his bike in his hands less than 60 days after the crash, a very fast turnaround.

Inevitably, some will wonder if the driver could have or should have been charged with a crime arising from this incident. The answer is, yes. At minimum, the driver committed an assault on Bobby, as it seems likely that his attack was meant as a threat of violence against him. Certainly, he committed a crime when he destroyed his bicycle. The frank reality, however, is that an incident like this would not be seriously pursued by the Chicago Police Department. They simply do not have the resources, nor the mandate from City leaders to follow up on violence against bicyclists, unless there is a death. It is commonly the civil justice system — the part of our justice system that seeks to provide compensation rather than punishment — that must bring about a measure of justice in such cases. Bobby’s calm under stress made our ability to seek justice, and the repair costs of his bike, a whole lot easier.