"He saw a marked AC Transit supervisor's car shortly after the incident and stopped to ask him how to report the driver. However, "he refused to look at the video and refused to talk to me. He threatened to call the sheriff on me for trying to talk to him." George reached out to several others at AC Transit but told Streetsblog the only real help he got was from Jean Walsh, AC Transit director for Ward 2 and a cyclist herself."
""Basically, someone can be liable for assault, even if no contact ever occurred, by threatening unlawful contact," explained Michael Stephenson, an attorney with Bay Area Bicycle Law. "Here, it appears that the bus driver was upset with the cyclist after the altercation and then knowing full well that the cyclist was present in the bike lane, merged into the bike lane to threaten harmful contact with the cyclist.""
A cyclist identified as George was riding in the bike lane on Foothill Boulevard in Oakland when an AC Transit bus entered the bike lane and tailgated him. The cyclist stopped and asked the driver to return to the motor vehicle lane; the driver briefly complied but then swerved back into the bike lane in an apparent attempt to crush him with the side of the bus. A marked AC Transit supervisor later refused to view the video or discuss reporting options and threatened to call the sheriff. The cyclist plans to file a police report. AC Transit director Jean Walsh forwarded the video to top executive staff and indicated an investigation is underway. An attorney noted that threatening unlawful contact can constitute assault even without physical contact.
Read at sf.streetsblog.org
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