Assulted During My Race

gg3 · August 2nd, 2006, 11:58 AM

I can't belive this is happening. Some jerk reached over and punched me after an intermediate sprint. I went down at over 34 miles an hour!! I got up and he said that he hit me because I said "fuck", which I did, and that there where kids around and they didn't need to hear that. He's crazy so hitting someone in front of kids is better? The stupid thing is no one heard it except him and I only said it because I was mad at myself for only getting 3rd not 1st.

I got up and proceeded to pumle him. I landed my first right and he wasn't even able to defend. My he will think twice about sucker punching people. I've never been so angry in my life!! After 2 people and the promoter pulled me off he made some more comments and I tried to go after his bike. He wrecked mine!! It was just a stupid weekday practice race!! No points no cash it's supposed to be only for fun. I called the cops and emt. The road rash was horrid. I'll post pics soon.

The cops took forever and then wouldn't take him away. They said they where pressing charges which I am assisting in. But it doesn't make sense. If that guy decked me when the cops where they he would have been in cuffs. So basicaly what they are saying is you can pucnh anyone you'd like just don't let the cops see you.

I'm taking him to court for damages.

I lost it in the emergency room when I was alone. I worked so hard and saved forever for my bike. I'm having a tough time keeping it together right now. I'm quite depressed and angry. I don't know what to do.

**lukebeulah** · August 2nd, 2006, 12:09 PM

Man that sucks! Some people....

Well, I hope you get to feeling better and there wasn't too much damage to your bike. That guy will get what's coming to him in the long run. It may not be through the courts, but it all comes back to you one way or another.

At least you got to give him the beats for a minute before they broke it up.

Get better buddy- and don't worry about that jerk too much.

**FitnessPhotos** · August 2nd, 2006, 12:32 PM

Go to a magistrate and fill out a complaint of assault and battery; the magistrate will sign it and file formal charges and he'll have to appear in court. You don't need to wait for the police.

You can also file a small claims action against him for the cost of your bike - all you have to pay is the filing fee (like $60) and drag him into court to pay for damages; including any time off that you have to take for medical expenses or lost wages. (I dont think you get pain and suffering in small claims court, but the judge has the ability to increase the amount owed.)

Seriously, you need to take your own action and make sure that this idiot never participates in another race.

gg3 · August 2nd, 2006, 01:35 PM

Thanks I will go to the magistrate!! I didn't know about that.

**ProfGumby** · August 2nd, 2006, 03:40 PM

Man....

This guy should be really worried about now...

Also, go to whatever governing body sanctions these races and get him banned...

See if he like that punch getting him dragged to court,paying for a bike and damages/suffering and costing him his ability to race ever again...

Be sure to have several people, preferably not friends, back you up in court that this jerk assaulted you.... and let's hope your retaliation doesn't hurt your case....

**forbodybuilders** · August 2nd, 2006, 05:16 PM

omg my friend.č.its crazy..guys please help him ! give him sugest..i can only say somebody need to kik this man ass!

beantown · August 2nd, 2006, 07:35 PM

aha this is honestly one of the more ridiculous stories i have ever heard. i feel for you bro but the best way to show jackasses like this whose boss is to keep your head up, living a good life is the best revenge. sorry my man....

jovian · August 2nd, 2006, 08:06 PM

fitness photos is 100% correct,do everything he said. ............i'm glad you thumped him

**Vizigoth** · August 3rd, 2006, 01:44 AM

After winning damages in court, be prepared to have him decline or evade paying you your just due. Be ready to go back to court after thirty days with a statement that he has refused to pay you, and plea to the court for an order allowing you to attach his wages, or put a lien on any property he may own. Assault his credit rating the way he decked you, and it will be a lesson to a lot of idiots that he whines to.

Secondarily, consider bypassing Small Claims Court. Consult an attorney, and sue the bastard in Superior Court. Let your attorney do your fighting for you. It is clear that you have experienced trauma, pain, and suffering. The damage to your bike is just a taste of what he should pay. A little jail time and a $50,000 law suit should modify his behavior nicely.

gg3 · August 3rd, 2006, 12:55 PM

Thanks Visigoth I want to go the lawyer route. You gave me a clear plan. I know he has several bikes that cost much more than mine so I'm not worried about at least getting the $1500 I need for my wheel & stuff.

The point I want to make is that what if it was worse? I could have snapped a femur, collarbone or worse Christopher Reeved it over the bars & snapped my neck. What about other riders? It was just lucky that I had started the break and got away from the 50 other dudes.

Plus UCI/USCF rules state you don't take your hands off the bars and even touch someone else in a sprint.

gg3 · August 4th, 2006, 06:38 PM

My avatar sucks I need a new one, anyways.

I talked to a lawyer today. He said he wants to take the case. But he wants me to try and find out if the guy has any money. He may be a looser and it may be difficult to get a good settlement. One of the other racers said he is self employed which worries me. My front wheel is worth $800 alone. I'm not a rich man I saved forever for my dream bike. I met with the lawyer monday if I can. Cool thing is the lawyer is contingent won't ask for cash until there is a settlement.

Shoulder is better but I still think my rotator cuff is jacked. Road rash is hell. Got a fever I'm sure my hip is infected. If anyone can get me Lidocaine Hydrochloride Jelly 2% I would pay good for it. They left it on my hospital bed after they used it to numb the road rash so the could scrub the little rocks out of it. I took the unused tube home but I'm running out. It burs SO BAD but then it's numb for a good 3 hours. Right now I can't sleep more than 2. Mostly because of the wounds but mainly because I keep replaying this over in my head and I'm so angry I can't sleep. Maybe I need counciling or something.

**Vizigoth** · August 5th, 2006, 02:12 AM

See a doctor and get any medications you need prescribed, even over the counter items. Get an MRI or CAT Scan of your shoulder to document any problems that have been created with your Rotator Cuff by this incident. You need to establish a clear history of the steps taken to correct and heal the damages that have been done for you. If your doctor prescribes physical therapy, go to every session, document the pains it caused, the time you spent in transit as well as treatment, and document the misery that it has caused. Write a daily log of everything you did that was needed to aid your healing process.

Just as important, log all of those things that you were not able to do as a result of your injuries. How many times have you been biking since you were assaulted? How many times have you worked out? How many times have you made love? Your injuries have denied you the opportunity to enjoy your life as you normally do. That is part of the discovery process that your attorney needs to be kept apprised of. After keeping those records for a week, review them with your attorney and have him make recommendations on how to improve your record keeping.

If you can find out what his business is, perhaps a friend can chat with him a little about his business and find out where he does his banking. Perhaps they can execute a small transaction with him and write him a check. Doing so would give you his bank and bank account number. After you have obtained judgment, you can attach his bank accounts. Does he own a house? Put a lien on it when you receive judgment. Does his business have a physical address? If his business is one that requires a strongly moral or ethical persona, you can drag this guy's character through the mud by being very public with all of the legal proceedings. If people know what he is like on the inside, they will be less likely to do business with him, a tactic that will harm him in the long run. Screw the bastard. Remember that he set out to do you deliberate physical harm.

**Ripped Fetish** · August 5th, 2006, 11:08 AM

Dont forget to get pictures of your injuries. Also, even if he doesnt have any "money" there are ways around it like selling your claim to a claims agency if you get a verdict in your favor. They take a percentage of the claim but then you dont have to worry about getting the cash from him yourself or bother with court again.

**g_samsa** · August 5th, 2006, 09:05 PM

Quote:

Originally Posted by Ripped Fetish

Dont forget to get pictures of your injuries. Also, even if he doesnt have any "money" there are ways around it like selling your claim to a claims agency if you get a verdict in your favor. They take a percentage of the claim but then you dont have to worry about getting the cash from him yourself or bother with court again.

This is great advise. I once got bitten by a Chow (dog). I got home and took pictures right away. When I contacted the lady (via a police report taken at the time) she claimed that the dog didn't do that much damage. I filed a claim against her homeowners policy and included my photos (with time stamp and the police report that named the lady). The insurance paid without court or any other effort on my part. They didn't even ask for hospital bills (I didn't go to hospital); they just paid me. easy cheesy.

gg3 · August 15th, 2006, 10:27 AM

Still working on getting the lawyer worked out. The first one wasn't too excited about the case he was worried that the guy may not have much money. Still need my copies of the police reports, looks like I'm going to have to chase them down.

pump · August 15th, 2006, 12:25 PM

I posted this a while ago ad my computer turned off. so I will post again, but this one will be shorter because i don't have much time.

I was married for about 4 whole months last year. I got divorced in December because of a number of reasons on both our parts including many differences and eventually leading up to her cheating on me... After that, I couldn't take much more so things had to end. we got divorced, and because I really didn't have anything in my life, I decided to move to NYC from my home town, leaving my house vacant with all my things in it, all my friends, and family... I was living in NYC just sort of figuring things out till I was to move back and start life again. (this story sounds really depressing, but believe it or not- I am the happiest I have ever been in my life as I am now). Anyhow, one day I called my parents to go to my house and get me some things and mail it to me... They called me from my house telling me that the bitch had stollen practically everything!!! When we had seperated/divorced we had a number of debt and had decided that I would take the debt (since she had no money) and keep all the things that we had aquired during our marraige. we discussed other options and together decided that this would be the best one for her.

I was being nice- Yet in the end she breaks into my house and still sverything and I had to take the debt.!!! this chick lost her mind. I found out that she had canceled 2 of my credit cards, and gotten new ones with new pin numbers and was withdrawing money up to $5K...

Long story short, I am still dealing with all this (nearly 8 months later)

Guess what I've decided??? After a couple thousand more dollars from my wallet to my attorney and court fees and countless hours of my time, that I am going to drop it.

The worst thing that can happen to her is that she continues being her. I am not a "Jesus Christ" where I have to go and save the world from her ((ex:help her future husband (whoever that is) by seeking disipline for her now)).

maybe I should persue this, but I have realized that my life is worth more than to give to her.... REMEMBER THAT!!!

OUR LIVES ARE ALWAYS WORTH MORE THAT TO GIVE THEM AWAY TO THINGS, PEOPLE, OR EVENTS...

So in response to your thread about persuing this wacko who hit you unprevoked, yes this guy needs his justice. My reccomendaton is that you persue this as far as you can criminally (with the police) and that is it. Legal things on the civil side can take months and even years...

People like this creep do not deserve to be running around on the street, but on the same tolken, you deserve to have a life. Right?

How much of your life are you willing to give up?

**snakus100** · August 31st, 2006, 10:31 PM

there are definatly some wank*rs around.

**bigshow** · September 1st, 2006, 11:41 AM

I just noticed this thread...OMG gg3, this is terrible. What a goof! I hope you are feeling better. There is alot of good advice here. No matter what you do, keep a very detailed log of all events, feelings, things you can do and can't do...keep it like a personal diary with EVERYTHING in it.

Good luck and keep us posted.

Mr.Noodle · September 1st, 2006, 12:56 PM

Can we please see the pics of the road rash?

dfischer · September 1st, 2006, 01:43 PM

gg:

Felt sorry enough for you to register. Hope you don't hate this post. But:

You're gonna want to tell the story differently somehow in court if you expect to win much. Not that this bozo was right, but that there almost has to be more to it. 34 mph is about 50 feet per second. There is simply no way you said something so quietly that only he heard it, had to time react to it, throw the punch and hit you.

What with "in front of kids" and "34MPH".... Human reaction time, primed to react, is at least 1/4 second, and it took about that much more time to throw the punch. Thus you were at least 25 feet away when you said fuck. AND that's assuming the guy was primed to react and or was in some way already focused on you. A non-primed or key-up reaction time is closer to a second, so now maybe as far away as 65 feet.

So:

1) You need to have been going a heck of a lot slower
Or
2) You were doing other things to attract this guys attention
Or
3) This guy randomly pre-selected you to punch.

Given the nature of the event you won't have been going much slower, and random pre-selection is a bit unlikely, which kinda leaves #2. Back w/the 25 feet or more (up to 65 feet), means this guy isn't the only one to have heard and or witnessed whatever went on to set him off.

I don't know you, have no place judging, and don't think trashing you or your bike was just, so I'm taking the time to warn you in advance that your story, as told, might both be challenged at some point and probably has other witnesses. Heck, perhaps the latter is to your advantage.

In any event, Good luck healing. btw, my homeowners covers my bike minus deductable. This to include vandalism. Since the other guy was charged you might see if you can get it covered that way.

Finally, for any that might misread the above, no I'm not condoning the guy that hit GG or suggesting he doesn't have a case already. I'm simply mentioning that the facts as told leaves margin to suggest there is more to it. Better he hear it here then in court so he can address same.

Good luck

dan