What Are Your Rights During a Road Rage Interaction?

Road Rage: What are your rights?

Did you see the video from Tampa where a motorist got out of his car and attacked a biker for slapping his hood?

The video doesn't show why the biker did that. We can only assume that he was cut off in traffic. Being cut off in traffic happens to most of us. As defensive riders, it is our obligation to look out for and to predict traffic hazards so we can avoid them.

I've noticed a growing trend of motorists assaulting riders with their vehicles by making abrupt lane changes to block riders from passing them or to attempt to swipe them. Whatever is causing motorists to behave so aggressively towards bikers is no excuse for using their cars as deadly weapons against riders.

In this video, when the car and bike stopped at a red light, the driver of the motor vehicle attempted to restrain the rider of the motorcycle by grabbing his handlebars and straddling his front wheel to prevent the motorcycle from leaving. In my mind, this was a criminal offense on two fronts: by preventing the rider from leaving, he committed the felony of false imprisonment; and by grabbing the handlebars of the motorcycle, he was committing a battery. A battery can occur when a person touches "an extension" of another person such as smacking a cup out of somebody's hand or kicking a cane away from a person while they are holding it. I see no difference when grabbing the handlebars of the motorcycle while it is being held by the rider.

The most disturbing part of the video occurs when two other riders approach the offending motorist and punch him to the ground whereupon a female passenger in the motor vehicle pointed a gun at them. There can be no more clear example of road rage where a minor traffic infraction could have turned deadly.

Advice for Dealing With Road Rage

My best advice to riders would be to always anticipate the actions of motor vehicles within your contact zone and be prepared to maneuver around a distracted driver. It is best never to contact the driver to scold them or to yell at them for cutting you off. There are many out there who believe people should not be riding motorcycles and this belief can turn into anger if they are confronted by a biker. There is however, no excuse for the criminal behavior of the driver shown in this video and hopefully he will be identified and prosecuted.

If confronted with a road rage situation, it is best to flee from the driver to safety. Ride to a populated area such as a shopping center where the raging driver will be seen by others who might be able to come to your aid. If possible, attempt to get the license plate number and report it to police. Under no circumstances should you put yourself in a position where the driver is capable of assaulting you any further.

For more information, please contact the attorneys at 911BikerLaw.com. Our law firm devotes a large part of our practice area representing motorcyclists for a wide range of legal matters including motorcycle accidents, stolen motorcycles and traffic offenses.