Help a cyclist couple after a road rage incident

[Deutsche Version im ersten Update]

Hello everyone!

Thanks for your interest in our story!

My name is Arthur, I'm from Belarus, for the last few years I've been living in Berlin with my partner Katja and working as a bicycle courier and mechanic.

Recently we got caught up in a road rage incident:

After a dangerous traffic situation (for us as cyclists), caused by a car driver, and a following discussion with him, the driver run over my bicycle and damaged it beyond repair. Luckily, no one got seriously hurt. 

(for a detailed story of what exactly happened, please read the long version below)

The car driver claimed, that he inflicted damage to the bottom of his SUV, as he was rolling over my bicycle, and claimed compensation.

I refused, in turn claiming that the driver should compensate for the loss of my vehicle, as the responsibility for the incident was his.

The car repair shop's damage assessment seemed hard to believe, as the list of "necessary" repairs appeared to be far more expansive, then what could have been caused by such incident.

We didn't reach an agreement, and an outrageous civil court case followed, with the driver claiming the money, and myself demanding the suspension of his license and a compensation.

The judge was clearly and openly biased, ruling unquestionably in favour of the car driver.

This means, that I need to find about 3,500€ to pay for the repair of the car, that was "damaged" by wrecking my bicycle. Also for the driver lawyer's expenses and juridical proceedings.

In addition to that, the costs of my lawyer and expenses to replace the damaged bike.

Working as a bicycle messenger doesn't earn you a fortune, and it's an impossible amount of money for me to pay.

In it's surrealism, this case unfortunately paints a quite realistic picture of the relationships between Berlin's traffic users, and its underlaying systems of power.

It also reflects the lack of conventional means for achieving justice, unless you are backed by the car lobby.

If we manage to reach our goal of 6,900 €, the money will be used to cover the costs, associated with the case, and as a compensation for the destroyed bicycle.

It will allow us to leave the emotional strain and financial struggle behind and move towards recovery from the unnerving experience.

It's a big aim, however, and any amount that you can help us raise will be extremely helpful!

Just as helpful are the suggestions of how we could reach more people - please let us know if you have any ideas.

If you can do so, sharing this fundraiser with a friend or group of friends, as well as on the social media goes a long way, and you will have our eternal gratitude ;)  

Rundown of the costs so far:

Car repair: 3, 506.11 €

Juridical proceedings: 546 €

Driver's lawyer: 1 295.67 €,

Our lawyer: 1 076.95 €

Bicycle costs: min. 480.85 € 

Total: 6 905.58 €

Thanks for your support,

Have a safe ride and see you around!

Arthur & Katja 

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Detailed account of the incident:

Katja and I were cycling along one of Berlin's 6-lane roads, that didn't have a dedicated bike lane. We were sticking to the right side of the road, and the street was wide, with enough room for all traffic participants.

Suddenly we heard a frighteningly loud sound of the car horn. An SUV car rapidly approached us from behind, creating a dangerous close-passing (<100cm) situation without taking into account safety distance. The horn was held down for the whole duration of the the event (4-5 sec.)

I considered, that the driver did it intentionally, and decided to communicate to him, that his actions made us feel unsafe.

After a short pursuit, I caught up with the car at a red traffic light. I got off my bicycle and stepped in front of the vehicle, with my bike in front of me. I established an eye contact with the driver and asked him to lower the window. I demonstratively lifted my bicycle into the air to the eye level, making sure it was seen, and laid in on the ground in front of the vehicle. I was maintaining the eye contact with the driver at all times, making sure that none of my actions goes unnoticed.

As the driver lowered the window, a verbal argument started, with me and Katja trying to explain, that this type of road behaviour puts cyclists' lives at risk, and that his actions were extremely intimidating. 

Shortly after the traffic light turned green, the car driver started accelerating. I placed my hands on the window, trying to hold the car back, verbally communicating about the obstruction. The car rolled over the bicycle with the front driver's side wheel. Then, instead of stopping the vehicle, the driver throttled up, in an attempt to gain speed and shake me off. As the car was gaining speed, I was hanging from the door window afraid to let go, as falling from a moving vehicle would result in serious injuries.

Loud noises of my bike being shred between the bottom of the car and asphalt road could be heard, as the vehicle was moving. After it became apparent, that running away from the scene of the incident has failed, the car driver slowed down and pulled over. The bicycle had folded under the car's weight and couldn't be released without lifting the car. 

The police arrived and collected testimonies.

A few days later, I was preparing a damage assessment of the remains of my bicycle, when I received a "settlement offer" letter from the lawyer of the car driver. In it, I was suggested to cover the expenses to repair the damage to the underside of the car, that allegedly occurred in the incident. 

I rejected the "offer", deciding to seek compensation through the court. 

Almost two years after the incident, the civil court followed. 

The judge expressed his partiality right at the beginning and again offered me a disproportionate "settlement". 

I declined, demanding that it is the driver, and not me, who should compensate the expenses for the destroyed bicycle and that his licence should get suspended.

The car driver claimed that he didn't see the bicycle in front of his vehicle; that I secretly sneaked it under the wheels, and that driving me in his window never occurred. Although one of his eyewitnesses, who was in the car as well, confirmed seeing the bicycle in front of the car and the car being equipped with a 360 degree obstacle detection safety system.

The judge, however, deemed my own testimony "too detailed for a memory, too emotional and unreliable", and my partner's testimony as biased. The judge was dismissive of the context of aggressive driving, that led to the incident, and the broader systemic relationships of power between users of motorised and muscle-powered vehicles, revealing partiality of the court toward car drivers.

The court obliged me to pay the expenses for the car repair, the car driver lawyer's fees, and the court fees. Furthermore, I was ordered to pay any future costs resulting from the accident. These have already been announced to me by the lawyer.

The car driver took no legal consequence, neither for aggressive driving, nor for anything that happened after.

If you are still reading - thank you for taking your time!

The story, where perpetrators are encouraged to put lives of others at risk, and victims are punished, is hard to believe, but is not too uncommon.

In it's surrealism, it paints a picture of the relationships between Berlin's traffic users, and the system that enables aggressive driving and putting others' lives at risk in the first place. It also reflects the lack of conventional means for achieving justice, unless you have a strong [car] lobby to back you up.

We decided to launch the fundraiser, as we see a systemic element of injustice and power abuse in it.

We believe, that the responsibility for the incident lays entirely on the car driver, and the environment, that encourages such actions. Unfortunately, situation on the roads leaves a lot to be desired, and juridical power often isn't on our side. This leaves us with the only option to rely on support of our communities. 

As mentioned in the introduction, reaching our goal of 6,900 € would allow us to leave the memories of the incident and associated financial struggle and emotional strain behind (for the most part), and finally concentrate on the recovery . 

Any amount matters and will be extremely helpful!

Sharing this fundraiser with a friend or group of friends is just as meaningful for us - please help us reach more people, if you have any ideas!

 

Thanks for your support,

Watch out and stay safe,

Arthur & Katja