# Rider may have been hit intentionally .....



## Samadhi (Nov 1, 2011)

Deer Creek Canyon today.

Cyclist apparently intentionally hit on Deer Creek Canyon this morning | 303Cycling News


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## Samadhi (Nov 1, 2011)




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## arkitect (Apr 25, 2011)

I rode by this after climbing high grade. Very scary and upsetting that the driver showed no remorse. Can't imagine what would have happened if he was riding alone!


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## Rokh On (Oct 30, 2011)

It was the lead story on 9News @ 5:00 p.m. tonight.


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## Samadhi (Nov 1, 2011)

Rokh On said:


> It was the lead story on 9News @ 5:00 p.m. tonight.


I was up to my eyeballs in job interviews @ 5. What did 9 News have to say about it?

The word I'm getting is that Nix is basically ok. No major injuries.

I suppose this will b prosecuted in JeffCo. I can't help but wonder what the DA is going to do about it.


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## MerlinAma (Oct 11, 2005)

In reading the comments to the article linked, it seems like a war is about to break out on that road.

Of course every time a rider gets hit, the comments you read are so ridiculous (and predictable) it is hard to believe.


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## MikeBiker (Mar 9, 2003)

http://www.9news.com/news/local/article/298047/222/Cyclist-hit-by-truck-crash-investigated


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## colorider7 (Jun 14, 2012)

Really glad the rider is ok. Very scary stuff... Wow. I hope riders and drivers can rise above this incident. Deer Creek is such an amazing place and everyone needs to come together to keep it safe...


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## Samadhi (Nov 1, 2011)

MerlinAma said:


> In reading the comments to the article linked, it seems like a war is about to break out on that road.
> 
> Of course every time a rider gets hit, the comments you read are so ridiculous (and predictable) it is hard to believe.


I have a friend that lives up in the Deer Creek Canyon / Highgrade area. To listen to him talk, the "locals" hate the cyclists. If what he says is true about the cyclists, and I have no reason to think he's exaggerating or lying, it's no wonder. That's not to say I condone bad behavior of the motorist in question, here, but it's not hard to understand the frustration the locals have with cyclists.

On the other hand, the reaction of some cyclists on the 303 Cycling blog is nuts. A significant number of responses to the first report were appalling in the the violence they endorsed.


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## FR hokeypokey (Apr 12, 2010)

Really sad to see another incident on Deer Creek. I ride it frequently as it is in my backyard. 

I occasionally will get a driver getting a little close as I climb. But rarely have any issues on the descents. Sadly I do consider every vehicle as a potential threat due to the continued conflicts in that area. 

Whenever I hear these types of motorist vs cyclist stories I am amazed by two things. 

- the lack of any concern by so many comments by those supporting the motorists. Apparently it is acceptable to target cyclists because of the inconvenience they cause. Ridiculous. 

- More disturbing is the total lack of prosecution by authorities. 

In this case the driver was honking his horn for over a minute then bumped the cyclist. (At that point of the road I am assuming an experienced rider in a group was going approx 20 -30 mph). And is charged with careless driving? How is that not at least harassment and reckless endangerment, possibly even attempted murder with a vehicle?

Every time I am descending that road I think of how a blowout caused by a tack could create a nasty crash at best and send me off the the edge of the road to my death at worst. Yet it is considered a minor offense by authorities.

Would they look at some wacko cyclist standing in a corner throwing rocks at a random motorist's windshields the same way? Charged with some minor misdemeanor and minimal fine? Not suggesting or endorsing such an act, just making a comparison. 

How differently would this story be reported, commented on or prosecuted if it was a runner (add a jogger stroller for fun) on the road and the driver harassed them with the honking horn then "bumped" them. 

I can completely understand how the locals on Deer Creek are upset with the change in their community and roads. That road can have over a hundred riders on any given weekend day. Some of those riders are idiots. But to use your vehicle as a weapon is way over the top to any reasonable person. Cyclist or motorist.


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## arkitect (Apr 25, 2011)

FR hokeypokey said:


> In this case the driver was honking his horn for over a minute then bumped the cyclist. (At that point of the road I am assuming an experienced rider in a group was going approx 20 -30 mph). And is charged with careless driving? How is that not at least harassment and reckless endangerment, possibly even attempted murder with a vehicle?
> 
> Every time I am descending that road I think of how a blowout caused by a tack could create a nasty crash at best and send me off the the edge of the road to my death at worst. Yet it is considered a minor offense by authorities.
> .


The group was riding UPHILL when they got hit......


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## Samadhi (Nov 1, 2011)

arkitect said:


> The group was riding UPHILL when they got hit......


Yep. Up-hill.

No way they were going that fast. No way. probably more like 12-15.


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## steel515 (Sep 6, 2004)

how do they know it was intentional?


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## Samadhi (Nov 1, 2011)

steel515 said:


> how do they know it was intentional?


The report I read said that the motorist laid on the horn for a long time, sped up and hit Nix from behind. He then got out of the car, started swearing and threw Nix' bike in the bushes. Showed no remorse afterwards.

Most people would be totally freaked out if they hit someone accidentally - insurance, law suits, criminal proceedings, etc. This guy showed none of that.

Doesn't sound like an accident to me, but then I wasn't there. The initial reports came from people on the ground at the mishap when it occurred.

Whatever happened, if I was that motorist, I'd been lawyering-up right now. Even if the cops do nothing, a serious civil suit is probably in the works.


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## FR hokeypokey (Apr 12, 2010)

arkitect said:


> The group was riding UPHILL when they got hit......


My mistake. I misread the article and thought they were descending. 

Apparently my reading comprehension is not as good as it should be!


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## Kodi Crescent (Aug 3, 2011)

I'm a bit surprised that the old guy didn't get his a-- beat by the others in the group.

Something like this happened recently in North Carolina. It wasn't this blatant, but it was a guy riding on a busy road, and a log truck came up the road and instead of stopping, instead of slowing down, hit the guy. The guy in the truck said he couldn't move over because there was an oncoming car or car in a left turn lane or something lame. He got some really lame charge.

The rider got dead.


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## Samadhi (Nov 1, 2011)

Kodi Crescent said:


> I'm a bit surprised that the old guy didn't get his a-- beat by the others in the group.


I'm not.

Puttin' the boots to the old fart would have matters worse - for the cyclists. Those riders showed pure class.

What surprises me is the number of people advocating some lame violence on the old dude - stupid, tribal, BS.




> Something like this happened recently in North Carolina. It wasn't this blatant, but it was a guy riding on a busy road, and a log truck came up the road and instead of stopping, instead of slowing down, hit the guy. The guy in the truck said he couldn't move over because there was an oncoming car or car in a left turn lane or something lame. He got some really lame charge.
> 
> The rider got dead.


That sux. 

We had something similar happen up in Boulder over the summer where and old cyclist ( 70-ish) got run down by a dump truck and was killed. The driver wasn't charged with anything very serious as I recall, but what can 5-0 do anyway? Unless malice and forethought can be proven, or the guy was drunk/high, or something like that, beyond a reasonable doubt, the local DA won't touch it and if it's on a state highway ....... hitting and killing a cyclist is no different killing a pedestrian or another driver. What can you charge them with? Should cyclists be treated differently?

So far the driver mentioned via the OP was only charged with reckless driving. What else could you charge him with?


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## Kodi Crescent (Aug 3, 2011)

Call it tribal if you wish. But if the guy hits you, and then throws the bike off the road in a rage, he ain't looking to drink tea and make friends with you. It's go time.


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## Samadhi (Nov 1, 2011)

Kodi Crescent said:


> Call it tribal if you wish. But if the guy hits you, and then throws the bike off the road in a rage, he ain't looking to drink tea and make friends with you. It's go time.


Go to jail time, maybe. When the cops show up, and they undoubtedly will, you'll be in handcuffs just like the other guy and the wreck of your bike will be left behind for the local kids to strip.

Go to the hospital maybe. I used to live in those mountains, south of where the incident took place. Many people in those places have loaded guns with them at all times. Figure out the math yourself.

The violent acts of another is no excuse of licence for the same from ourselves. The cops would not be to keen on the argument that you were "provoked" into an act of violence, even if the guy deliberately ran you down and threw your busted bike in the ditch. Taking the law into your own hands will land you in jail and the guy you punched would still get off with a misdemeanor ticket and grounds for a civil suit.


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## bikerjulio (Jan 19, 2010)

any charges?


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## Samadhi (Nov 1, 2011)

bikerjulio said:


> any charges?


As of now, the only charges I know of are for reckless driving, which is what he'd get if he rear-ended another car.

Now if 5-0 thinks there's a provable case for something more serious, they'll charge him.

I hope.


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## cartmaniac (Jun 6, 2007)

*Only careless, not reckless*



Samadhi said:


> As of now, the only charges I know of are for reckless driving, which is what he'd get if he rear-ended another car.


I think it is worse than that. In fact, I believe the driver was merely cited with careless driving. This is less serious than reckless driving. The DA could escalate --- I will be watching with interest.

7NEWS - Pickup hits cyclist on popular Littleton riding route; driver blames cyclists - News Story
Alleged bike-rage incident pits Byron Nix against Herbert Hoover's grandson - Denver - News - The Latest Word
Cyclist injured by truck in Jeffco - The Denver Post


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## troutmaskreplica (Nov 21, 2012)

These kinds of activities are not allowed. We live in a society. A society with rules of engagement, and common expectations of decency and safety. I will leave you with this. It is from Malcolm X. These are my words to live by.

"The white man do the same thing to you in the street, when he want to put knots on your head and take advantage of you and don't have to be afraid of your fighting back. To keep you from fighting back, he gets these old religious Uncle Toms to teach you and me, just like novocaine, suffer peacefully. Don't stop suffering -- just suffer peacefully. As Reverend Cleage pointed out, 'Let your blood flow In the streets.' This is a shame. And you know he's a Christian preacher. If it's a shame to him, you know what it is to me. There's nothing in our book, the Quran -- you call it 'Ko-ran' -- that teaches us to suffer peacefully. Our religion teaches us to be intelligent. *Be peaceful, be courteous, obey the law, respect everyone; but if someone puts his hand on you, send him to the cemetery.* That's a good religion."


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## Samadhi (Nov 1, 2011)

troutmaskreplica said:


> These kinds of activities are not allowed. We live in a society. A society with rules of engagement, and common expectations of decency and safety. I will leave you with this. It is from Malcolm X. These are my words to live by.
> 
> "The white man do the same thing to you in the street, when he want to put knots on your head and take advantage of you and don't have to be afraid of your fighting back. To keep you from fighting back, he gets these old religious Uncle Toms to teach you and me, just like novocaine, suffer peacefully. Don't stop suffering -- just suffer peacefully. As Reverend Cleage pointed out, 'Let your blood flow In the streets.' This is a shame. And you know he's a Christian preacher. If it's a shame to him, you know what it is to me. There's nothing in our book, the Quran -- you call it 'Ko-ran' -- that teaches us to suffer peacefully. Our religion teaches us to be intelligent. *Be peaceful, be courteous, obey the law, respect everyone; but if someone puts his hand on you, send him to the cemetery.* That's a good religion."



Please write from prison, k?

:smilewinkgrin:


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## troutmaskreplica (Nov 21, 2012)

I'm not planning for either but I'll take prison vs the grave.


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## Samadhi (Nov 1, 2011)

troutmaskreplica said:


> I'm not planning for either but I'll take prison vs the grave.


I'm sure, but if you follow brother Malcom's advice, and you're in Colorado, you'd probably end up both in prison AND the grave (after they execute you).

Better to let the cops take care of it. Let the other ***hole go to jail AND you can sue the crap out of him, too!


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## OldChipper (May 15, 2011)

Has anyone heard any updates on this? Seems to have gone radio silent. I talked to a friend who's a Boulder Deputy Sherriff about this and he was surprised the guy hadn't been charged with Assault with a Vehicle (I think was the name of the charge) which I gather is much more serious than the 4-point Careless Driving ticket.


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## King Arthur (Nov 13, 2009)

Samadhi said:


> Yep. Up-hill.
> 
> No way they were going that fast. No way. probably more like 12-15.


I would advise the injuried rider to lawyer up and take this bum to court, drive to bankruptcy should make him think twice. Sounds like custom made new bike time to me. Hope his insurance company is a good one.


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