What is attempted assault/murder?

[greenmachine]

So after having been riding a few months now I've seen my fair share of road rage and crazy people. Most recently I've had people throw water bottles at me, and pull into the oncoming lane to tell me "You think you're better than everyone else? You have to wait in line at a red too!" but with a more so-cal oriented vocabulary.

Anyways, what is technically assault on me? Is throwing a water bottle at me assault? Maybe even attempted murder? I could easily see a rider crashing because of that. Or is it just throwing an object at a moving vehicle which would result in a minor ticket. I've read that if someone opens a door on a bike or even attempts to that's assault with a deadly weapon.

If a car were to swerve into me purposefully out of road rage, is that attempted assault?

TL;DR - What classifies assault or even possibly attempted murder on a motorcycle?

[Lychee]

I am no lawyer, but I believe if his attitude scares you and you fear for your well being, it generally is assault.
If he throws a water bottle and it hits you (not your bike), I believe that is battery.
I don't think you will get attempted murder for the bottle. Although if there is an accident and you are able to prove the bottle caused it, he could be held financially liable.
If he swerves and hits you intentionally and you are able to prove it, that could be assault with a deadly weapon (the car).

The key is the proof, the burden of which will be on you. Is your go pro mount working?

[Racer x]

Even throwing a piece of paper at someone from a car is assault.

Legal or not. Lane splitting pisses people off.

[Panda]

If you are pissing that many people off I wonder if you are doing something wrong.

[DoubleYellowDan]

Originally Posted by Racer x

Legal or not. Lane splitting pisses people off.

Yes it does. Last week I had a guy on a scooter yelling at me then tried to chase me down for lane splitting. I just laughed at him

I dont split much (illegal here) but traffic was crazy and I was late for work

[greenaero]

Even though lane-sharing is legal here in CA I find that some people still get aggravated about motorcyclists doing it. I do it but try to do it at reasonable speeds ( following CHP guidelines ) and only doing it only when traffic is either stopped or just creeping along. Some motorcyclists create lots of bike-haters by blasting through traffic at dangerously high speeds or contacting their cars in close quarters that the motorcyclist shouldn't have tried to pass through. Other times its moving to the front at a stoplight just to get ahead of a few cars. This angers some people just as someone cutting in front of them any waiting line would. While technically its legal, is it worth it piss people off just to move up a few feet at a stoplight?
I lane -split to be part of the traffic solution; by safely, respectfully moving myself out of the congestion. I have had no road rage incidents diracted at me that I can think of. Traffic ahead may prevent me from safely splitting but how often is that intentional? More likely they don't know I'm there. Lane-spliiting is a privilege, not a right. Proceed with caution

[rasta]

I'm afraid we're only getting half the story here. If in fact you are just minding your own business and merely splitting lanes at a red light, than we can chalk this up to SoCal douches being SoCal douches. But if multiple people are throwing bottles at you, it leads me to believe you're doing something more than just splitting at a red.

Either way, this is further proof that NorCal > SoCal

[Joshorilla]

Attempted murder would be the intent to kill without the result, attempted assult would be the intent to cause harm but without causing harm.

Throwing a water bottle would be an act of rage and wouldn't be considered attempted murder as it wasn't pre meditated and the intent would be to kill, but if you were killed that would probably be manslaughter.

[Rugby Winger]

People are childish like that but lane splitting is like trolling. They might as well have the trolololol song playing while you move up to the front at a light.

[Motofool]

I believe that some Californians have stated before that filtering is tolerated but not legal over there.

[tfkrocks]

Originally Posted by Motofool

I believe that some Californians have stated before that filtering is tolerated but not legal over there.

It falls under lane-splitting. Completely legal.

[Mr.E]

If they throw a bottle at you and it hits you, that is an assault and cops can be notified so long as you had proof. Perhaps consider riding around with a go-pro since you seem to get into trouble a lot in your area.

Technically, someone could just rest their hand on your shoulder and if they dont have your permission, legal action could be taken against them. I've seen on TV a man throw water on a girl, not even the whole water bottle and she called the cops filing a complaint of assault.

I do agree with others, as to it seems we're only getting half the story. If it happens more then what is usual, then maybe you're taking chances that risk your and other drivers safety. Riding around with a Go-Pro on your helmet could always help in your defense (if a good one) if something ever goes wrong and authorities need to be contacted.

[Whiskey]

Originally Posted by Rugby Winger

People are childish like that but lane splitting is like trolling. They might as well have the trolololol song playing while you move up to the front at a light.

No it's not, it makes all traffic move quicker.

A bike acting like a car blocks up the same space as a car, bike moving up at a stop & getting off the line ahead of the rest, doing that repeatedly & it's like it's not there at all. (studies put it at between 0% & 33% of a car in city traffic)

10% of all vehicles changed to bikes & filtering cuts traffic congestion & everyone's commute time by ~30%

change it to 25% & there is no difference between rush hour & any other time of the day.

Originally Posted by Motofool

I believe that some Californians have stated before that filtering is tolerated but not legal over there.

Not illegal either.

There's no law either way on it. Same as most of the rest of the world.

Do something stupid & they'll do you for it.

Don't go too much over the pace of others, 10-15 mph past stopped traffic, don't clip mirrors, get off the line faster than anyone else so you're not holding up traffic.

[Rugby Winger]

Originally Posted by Whiskey

No it's not, it makes all traffic move quicker.

A bike acting like a car blocks up the same space as a car, bike moving up at a stop & getting off the line ahead of the rest, doing that repeatedly & it's like it's not there at all. (studies put it at between 0% & 33% of a car in city traffic)

10% of all vehicles changed to bikes & filtering cuts traffic congestion & everyone's commute time by ~30%

change it to 25% & there is no difference between rush hour & any other time of the day.

What I said clearly went over your head.

[tfkrocks]

People who feel that bikes have an unfair advantage in lane-splitting/filtering where it's legal to do so are being completely childish. They have the same right as anyone else to get a bike if they so choose. By taking a car, they have a lot more comfort and safety than a rider. If they don't make the choice to ride, they have no right to complain about it being unfair.

[Joshorilla]

Originally Posted by Rugby Winger

What I said clearly went over your head.

I agree with what you're saying, although I believe the argument you're trying to make is it's a matter of difference between perception and reality, and perhaps you're not conveying that too well.

Cars perceive passing bikes to be an annoyance and it provokes rage, due to them breaking the effective queue that is traffic coupled with the "them and us" mentality, yet in reality it helps traffic flow better for all.

[GREY NINJA]

Originally Posted by Panda

If you are pissing that many people off I wonder if you are doing something wrong.

humm

[headshrink]

Originally Posted by Motofool

I believe that some Californians have stated before that filtering is tolerated but not legal over there.

The CHP recently had a campaign to educate the dumb part of the population about lane splitting. They listed general guidelines to do so safely, and reminded the cagers not to be jerks.

Technically speaking I believe it's neither legal, nor illegal, but permissible. It's splitting hairs, I know.

[tfkrocks]

From the CHP website:

Lane splitting in a safe and prudent manner is not illegal in the state of California.

The term lane splitting, sometimes known as lane sharing, filtering or white-lining, refers to the process of a motorcyclist riding between lanes of stopped or slower moving traffic or moving between lanes to the front of traffic stopped at a traffic light.

http://www.chp.ca.gov/programs/lanesplitguide.html

Definitely legal.

[algs26]

Quote me to see.

like so:

Link to original page on YouTube.