# Can I get into trouble for causing an accident? **URL:** \ **Category:** Factual Questions\ **Created:** [August 3, 2008, 4:01am UTC](https://boards.straightdope.com/t/can-i-get-into-trouble-for-causing-an-accident/458669 "2008-08-03T04:01:21Z")\ **Posts on this page:** 16\ **Page:** 1
**Author:** ![copperwindow](https://avatars.discourse-cdn.com/v4/letter/c/4af34b/32.png) [@copperwindow](https://boards.straightdope.com/u/copperwindow)\ **Post date:** [August 3, 2008, 4:01am UTC](https://boards.straightdope.com/t/can-i-get-into-trouble-for-causing-an-accident/458669/1 "2008-08-03T04:01:21Z")
I like to bike around Manhattan when I get a chance to. When I do, I follow all of the traffic laws. I bike in the direction of traffic, I have lights on my bike, I use hand signals, I have a bike helmet, etc. I often encounter bike going up the wrong side of the street, often without a bike helmet, etc. When I do, I steer out of their way. I do this for two reasons 1: I don’t want to get injured and 2: my bike usually costs more than theirs. But I hate always having to be the one to steer out of the way, especially when they’re going the wrong way! So I’m planning on buying a 20 dollar shit bike and dressing up in a football uniform with all of the protective gear and when I encounter a bike going up the wrong way, I’ll smash into him. I’m assuming that the police will be involved and the first thing they will notice is that the other guy was going in the opposite direction of traffic. My questions are 1: can I get into legal trouble for biking into him and 2: can I sue him for the accident? ---
**Author:** ![Spiny\_Norman](https://avatars.discourse-cdn.com/v4/letter/s/9de0a6/32.png) [@Spiny\_Norman](https://boards.straightdope.com/u/Spiny_Norman)\ **Post date:** [August 3, 2008, 4:07am UTC](https://boards.straightdope.com/t/can-i-get-into-trouble-for-causing-an-accident/458669/2 "2008-08-03T04:07:55Z")
What you’re describing is not “causing an accident”, it is assault. You can go to jail. Bad idea. ---
**Author:** ![copperwindow](https://avatars.discourse-cdn.com/v4/letter/c/4af34b/32.png) [@copperwindow](https://boards.straightdope.com/u/copperwindow)\ **Post date:** [August 3, 2008, 4:15am UTC](https://boards.straightdope.com/t/can-i-get-into-trouble-for-causing-an-accident/458669/3 "2008-08-03T04:15:06Z")
[QUOTE=Spiny Norman] What you’re describing is not “causing an accident”, it is assault. You can go to jail. Bad idea. [/QUOTE] That’s not my interpretation of the scenario. My interpretation is that he’s causing the accident for bike in the wrong direction. If I swerve out of his way, I’m risking getting hit by a car. Is there any way the police would interpretation it differently? ---
**Author:** ![Absolute](https://avatars.discourse-cdn.com/v4/letter/a/b2d939/32.png) [@Absolute](https://boards.straightdope.com/u/Absolute)\ **Post date:** [August 3, 2008, 4:27am UTC](https://boards.straightdope.com/t/can-i-get-into-trouble-for-causing-an-accident/458669/4 "2008-08-03T04:27:44Z")
I think the police would take note of your outfit and assign blame accordingly. The jury, too. ---
**Author:** ![TheLoadedDog](https://avatars.discourse-cdn.com/v4/letter/t/35a633/32.png) [@TheLoadedDog](https://boards.straightdope.com/u/TheLoadedDog)\ **Post date:** [August 3, 2008, 4:42am UTC](https://boards.straightdope.com/t/can-i-get-into-trouble-for-causing-an-accident/458669/5 "2008-08-03T04:42:12Z")
Under the driving code where I live, if you are in charge of a vehicle (including a bicycle), you have an obligation to avoid a collision wherever possible _regardless of who has right of way_. I’d imagine this is the case pretty much everywhere, and that NYC would be no different. I’m pretty sure you’d be toast in court. ---
**Author:** ![copperwindow](https://avatars.discourse-cdn.com/v4/letter/c/4af34b/32.png) [@copperwindow](https://boards.straightdope.com/u/copperwindow)\ **Post date:** [August 3, 2008, 4:42am UTC](https://boards.straightdope.com/t/can-i-get-into-trouble-for-causing-an-accident/458669/6 "2008-08-03T04:42:58Z")
[QUOTE=Absolute] I think the police would take note of your outfit and assign blame accordingly. The jury, too. [/QUOTE] That is one of my fears. The other is that the collision might throw me into the middle of the street and I get run over, but I can explain the attire away be telling the police that I’m very afraid of getting into an accident with all of these idiot bikers going in the wrong direction and I think if I calculate it right, I can swerve into the guy in a direction that would project me into the sidewalk. ---
**Author:** ![copperwindow](https://avatars.discourse-cdn.com/v4/letter/c/4af34b/32.png) [@copperwindow](https://boards.straightdope.com/u/copperwindow)\ **Post date:** [August 3, 2008, 4:45am UTC](https://boards.straightdope.com/t/can-i-get-into-trouble-for-causing-an-accident/458669/7 "2008-08-03T04:45:28Z")
[QUOTE=TheLoadedDog] Under the driving code where I live, if you are in charge of a vehicle (including a bicycle), you have an obligation to avoid a collision wherever possible _regardless of who has right of way_. I’d imagine this is the case pretty much everywhere, and that NYC would be no different. I’m pretty sure you’d be toast in court. [/QUOTE] If thats the case he also has an obligation to avoid the accident. How would anyone be able to prove who had the possibility of avoiding it? ---
**Author:** ![TheLoadedDog](https://avatars.discourse-cdn.com/v4/letter/t/35a633/32.png) [@TheLoadedDog](https://boards.straightdope.com/u/TheLoadedDog)\ **Post date:** [August 3, 2008, 4:46am UTC](https://boards.straightdope.com/t/can-i-get-into-trouble-for-causing-an-accident/458669/8 "2008-08-03T04:46:40Z")
[QUOTE=copperwindow] That is one of my fears. The other is that the collision might throw me into the middle of the street and I get run over, but I can explain the attire away be telling the police that I’m very afraid of getting into an accident with all of these idiot bikers going in the wrong direction and I think if I calculate it right, I can swerve into the guy in a direction that would project me into the sidewalk. [/QUOTE] That would make you an asshole. To quote the wonderful Inspector Burnside from _The Bill_: Toerag: You’re a fascist! Burnside: And you’re a dickhead. Unfortunately, we can’t charge you with that. ---
**Author:** ![Indistinguishable](https://avatars.discourse-cdn.com/v4/letter/i/90ced4/32.png) [@Indistinguishable](https://boards.straightdope.com/u/Indistinguishable)\ **Post date:** [August 3, 2008, 4:53am UTC](https://boards.straightdope.com/t/can-i-get-into-trouble-for-causing-an-accident/458669/9 "2008-08-03T04:53:54Z")
[QUOTE=copperwindow] If thats the case he also has an obligation to avoid the accident. How would anyone be able to prove who had the possibility of avoiding it? [/QUOTE] Are you asking if your proposed actions are legal or if you’ll merely get away with them? (Questions about how anyone would gather key evidence suggest the latter) If you want to call authorities’ attention to other bikers’ behavior, why not do it in a way which doesn’t intentionally risk avoidable injury for any party? ---
**Author:** ![Spiny\_Norman](https://avatars.discourse-cdn.com/v4/letter/s/9de0a6/32.png) [@Spiny\_Norman](https://boards.straightdope.com/u/Spiny_Norman)\ **Post date:** [August 3, 2008, 5:01am UTC](https://boards.straightdope.com/t/can-i-get-into-trouble-for-causing-an-accident/458669/10 "2008-08-03T05:01:07Z")
[QUOTE=copperwindow] That’s not my interpretation of the scenario. My interpretation is that he’s causing the accident for bike in the wrong direction. If I swerve out of his way, I’m risking getting hit by a car. Is there any way the police would interpretation it differently? [/QUOTE] If you can stop or steer out of the way, you’re 100% obliged to prevent the crash. If you’re deliberately hurting someone, you’re committing a much larger crime than a traffic violation. And it is, of course, no longer an accident. No interpretation needed. You can try make it _look_ like one - lying to the police, hope that were were no witnesses and that the other guy doesn’t cut a sympathetic figure. On the other hand, most police officers have a pretty good sense for when someone’s trying to play them, and they don’t like it. Plus it’s wrong. ---
**Author:** ![copperwindow](https://avatars.discourse-cdn.com/v4/letter/c/4af34b/32.png) [@copperwindow](https://boards.straightdope.com/u/copperwindow)\ **Post date:** [August 3, 2008, 5:03am UTC](https://boards.straightdope.com/t/can-i-get-into-trouble-for-causing-an-accident/458669/11 "2008-08-03T05:03:15Z")
[QUOTE=TheLoadedDog] That would make you an asshole. To quote the wonderful Inspector Burnside from _The Bill_: Toerag: You’re a fascist! Burnside: And you’re a dickhead. Unfortunately, we can’t charge you with that. [/QUOTE] Thank you for your value judgment, uncalled for as it was. [/QUOTE=Indistinguishable] If you want to call authorities’ attention to other bikers’ behavior, why not do it in a way which doesn’t intentionally risk avoidable injury for any party? [/QUOTE] I can’t think of any other ways off the top of my head. ---
**Author:** ![copperwindow](https://avatars.discourse-cdn.com/v4/letter/c/4af34b/32.png) [@copperwindow](https://boards.straightdope.com/u/copperwindow)\ **Post date:** [August 3, 2008, 5:07am UTC](https://boards.straightdope.com/t/can-i-get-into-trouble-for-causing-an-accident/458669/12 "2008-08-03T05:07:02Z")
[QUOTE=Spiny Norman] If you can stop or steer out of the way, you’re 100% obliged to prevent the crash. If you’re deliberately hurting someone, you’re committing a much larger crime than a traffic violation. And it is, of course, no longer an accident. No interpretation needed. You can try make it _look_ like one - lying to the police, hope that were were no witnesses and that the other guy doesn’t cut a sympathetic figure. On the other hand, most police officers have a pretty good sense for when someone’s trying to play them, and they don’t like it. Plus it’s wrong. [/QUOTE] Seeing on the direction that this thread is moving, perhaps it’s better closed. ---
**Author:** ![TheLoadedDog](https://avatars.discourse-cdn.com/v4/letter/t/35a633/32.png) [@TheLoadedDog](https://boards.straightdope.com/u/TheLoadedDog)\ **Post date:** [August 3, 2008, 5:08am UTC](https://boards.straightdope.com/t/can-i-get-into-trouble-for-causing-an-accident/458669/13 "2008-08-03T05:08:45Z")
Seeing that it was started asking advice for the commission of a crime, it was better not opened in the first place. ---
**Author:** ![greatshakes](https://avatars.discourse-cdn.com/v4/letter/g/58956e/32.png) [@greatshakes](https://boards.straightdope.com/u/greatshakes)\ **Post date:** [August 3, 2008, 5:16am UTC](https://boards.straightdope.com/t/can-i-get-into-trouble-for-causing-an-accident/458669/14 "2008-08-03T05:16:51Z")
Also, to be considered, is the amount of force that you will encounter. If you are going 15 mph, and offending biker is doing the same, there is going to be a lot of hurting going on. To the OP: As pointed out, it will probably result in injury, and since you are using a vehicle to facilitate the injury, it might be ADW. I am all for being a jerk, and rubbing somebody’s nose in it when the situation is called for, but this sounds like overkill, even to me. greatshakes ---
**Author:** ![Spiny\_Norman](https://avatars.discourse-cdn.com/v4/letter/s/9de0a6/32.png) [@Spiny\_Norman](https://boards.straightdope.com/u/Spiny_Norman)\ **Post date:** [August 3, 2008, 5:18am UTC](https://boards.straightdope.com/t/can-i-get-into-trouble-for-causing-an-accident/458669/15 "2008-08-03T05:18:38Z")
[QUOTE=copperwindow] That is one of my fears. The other is that the collision might throw me into the middle of the street and I get run over, but I can explain the attire away be telling the police that I’m very afraid of getting into an accident with all of these idiot bikers going in the wrong direction and I think if I calculate it right, I can swerve into the guy in a direction that would project me into the sidewalk. [/QUOTE] OK, so you’re considering committing a crime and testing out your alibi. Rule #1: Don’t discuss your master plan on the Internet. Rule #2: Don’t base your cunning plan on the police not being able to see through a retarded cover story when your attire pretty much announces your intent. Plus, what you’re considering is a 100% a-grade dick move. Don’t. ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [August 3, 2008, 12:11pm UTC](https://boards.straightdope.com/t/can-i-get-into-trouble-for-causing-an-accident/458669/16 "2008-08-03T12:11:59Z")
[QUOTE=copperwindow] Seeing on the direction that this thread is moving, perhaps it’s better closed. [/QUOTE] Wish granted. Gfactor General Questions Moderator