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Permalink Reply by Zoetrope on December 4, 2012 at 8:42am

Sounds like a great step forward.  I imagine cycle cams will play a bigger role in prosecuting offending drivers now that there is actual verbiage stating that things like harassment etc. are illegal. 

Does Illinois have anything similar to this, (or on the horizon) Brendan?

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Permalink Reply by Joe Studer 8.0 mi on December 4, 2012 at 9:03am

A comment on Brendan's original posting (on his page) links to an overview of the the original ordinance (adopted in LA) written by an attorney who helped craft the ordinance.  I'd love to have this in Chicago.  Particularly since I've started taking video on most of my rides.

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Permalink Reply by Anne Alt on December 4, 2012 at 9:04am

I wish our version had more teeth like the D.C. bill.

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Permalink Reply by Juan Primo on December 4, 2012 at 9:10am

According to the DC proposed law, you get to sue for $1000 if you can prove the driver hit you on purpose or threatened you.  That's something, I suppose.

 

There's punative damages too, but there's no precident on that so the award if any would be a crapshoot.

 

Either way, it would be hard to get that kind of evidence.  It sounds to me like the law was custom built for an event that happened in DC that may not be repeatable.  The DC victim was able to video the harassment.  If I'm being harassed, I would be more focused on saving my life than recording the guy killing me.

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Permalink Reply by Gene Tenner on December 4, 2012 at 9:17am

I sent this to my state Senator and Representative and my Alderman.

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Permalink Reply by Zoetrope on December 4, 2012 at 9:42am

Gene Tenner said:

I sent this to my state Senator and Representative and my Alderman.

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Permalink Reply by Brendan Kevenides on December 4, 2012 at 9:46am

Not that I'm aware of.

Zoetrope said:

Sounds like a great step forward.  I imagine cycle cams will play a bigger role in prosecuting offending drivers now that there is actual verbiage stating that things like harassment etc. are illegal. 

Does Illinois have anything similar to this, (or on the horizon) Brendan?

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Permalink Reply by Lisa Curcio on December 4, 2012 at 10:37am

What gives the proposed law teeth is the ability to seek punitive damages and the ability to collect attorneys' fees and costs.  In the U.S. generally one cannot recover attorneys' fees unless there is a statute that allows it or there is a written agreement between parties that allows it.  Punitive damages are not dependent upon compensatory damages.  A judge or jury makes the decision based upon the evidence of the conduct and a determination as to what would be suitable to punish the wrongdoer.  Finally, such lawsuits usually must only be proved by showing that the claim is more probably true than not true rather than "beyond a reasonable doubt" as is required to prove criminal charges.

 

If you think this is something that would be useful, follow Gene's lead and write to your state legislators.

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