Friday, September 20, 2019

Report: Cops blame cyclist for being assaulted on his bike

A cyclist who says he was knocked off his bike while riding on First Avenue is infuriated over the NYPD's response to his assault.

Gothamist has the story of Wilfred Chan, 28, who was riding north on First Avenue Wednesday afternoon when a man, standing in the gray pedestrian median of the crosswalk at Fourth Street, forced him off his bike.

"As I was approaching, we made eye contact, and I noticed he was staring pretty intensely at me," Chan said. Chan initially had been cycling in the bike lane, but says he swerved out into the car lane to avoid pedestrians standing in the bike lane. "I was going 20 MPH so it didn't make sense to be in the bike lane," he added. "I was comfortably keeping pace with traffic, and I had the green light."

As he passed the intersection at Fourth Street, Chan says the man stepped out from the crosswalk and kicked him off his bike. He swerved left into the orange barrier between the car and bike lanes, crashed, flipped over and landed in the bike lane on his head. As a result of the fall, he was bleeding from a gash on his forehead; he injured his elbow; and his bike was mangled, with the front wheel and handle bars twisted.

Then...

By this point, a crowd of bystanders had gathered, several of whom had witnessed what happened to Chan. When the man tried to leave, Chan says some onlookers tried to keep him there, and a fight broke out, with several punches thrown. At this point, it attracted the attention of some nearby NYPD officers from the 9th Precinct.

Chan says he told them what had happened, but was met with immediate skepticism and aggressive questioning. According to Chan, the officers accused him of changing his story because he wasn't sure if the man kicked his bike or put his foot in front of the bike.

"They immediately started gaslighting me," Chan said. "They had an idea already of what happened, and anything I said did not matter. They approached with a demeanor of deep suspicion and skepticism at everything I said, I felt like I was the one being interrogated rather than the person who kicked me off my bike."

Parting thoughts...

"To me, the main point is just the utter and willful inadequacy of the police as a system for keeping the city safe for cyclists," he said. "We face terrifying threats every day just trying to get from point A to B and the city has repeatedly shown it does not give a fuck. The cops' attitude to me totally confirmed this — the fact that I was on a bike meant I had no rights. That if I got hurt, even if someone attacked me, it was my fault."

Read the full post here.

EVG photo of First Avenue and Fourth Street from earlier this summer.

Previously on EV Grieve:
Reader reports: The NYPD forcibly stops a Citi Biker on Avenue A for his own safety

24 comments:

afbp said...

NOPE---wife/i are fairly active on bikes---as bikers---we NEED TO STAY in bike lanes (not fair to pedestrians or to drivers)---to take it upon yourself 'i was riding at 20 mph and it didn't make sense to use the bike lane'---pisses off a pedestrian who now HAS TO LOOK EVERYWHERE---another case of someone feeling that RULES/ORDER does not pertain to them .......

Anonymous said...

And of course the first commenter blames the victim. So the pedestrian had the right to assault the cyclist because he wasn't in the bike lane? Makes sense. You should work for the 9th Precinct!

Anonymous said...

"we NEED TO STAY in bike lanes (not fair to pedestrians or to drivers)"

As a biker in this city for 20+ years, I find safely riding with traffic, not in the bike lanes, is often safer. Bikers don't need to stay in the bike lane - that's not a rule or a law. And while bike lanes do have some value, to insist that is the only place a biker should ride is stupid. There are pedestrians and drivers that don't respect the bike lanes, just like there are bikers that are dicks ripping through reds and all that. Being a better user of the road, regardless of how you get around, is rooted in individual awareness and responsibility.

"pisses off a pedestrian who now HAS TO LOOK EVERYWHERE"

Is a pedestrian not supposed to look when crossing the road? Is it because bikers are smaller than cars? What about motorcyclists? Pedestrians by and large need to stop wandering around like lemmings staring at their phones while crossing the road. If you're going to cross, pay attention. And bikers need to respect the right of way; if I don't have the light, I yield to pedestrians. But if I have the right of way, I'm going.

Anonymous said...

Wow, so it’s the cyclists fault for being assaulted? At that rate of speed he’s lucky that he wasn’t killed by the fall, in which case the cops would have had to do a legitimate investigation.

Many fast cyclists ride with traffic and that actually helps calm the bike lanes and keeps them away from pedestrians. I would rather have them riding with traffic than zooming around all the slower cyclists which can also cause an accident. I’ve heard of blaming the victim but this is ridiculous.

Anonymous said...

If you have an uncomfortable encounter with a cop get their badge number. You don't have to make a big deal about it - if you're not white don't make a big deal about it - but silently note the number and file a complaint later.

If pedestrian civilians decide to start policing bicycles there are going to be a lot of fist fights. If electric motorcycles are allowed to continue operating like they are pedal powered bicycles at vehicle speed there are going to be casualties.

I, for one, welcome the increased chaos of the city streets but look both ways people and mind your own business. If you don't have a badge, you're not there to enforce the law.

Anonymous said...

The bike lane where this happened is blocked by construction, so cyclists are safer in the street on this block.

Anonymous said...

This sounds criminal but just this morning I had 2 bikes weaving through us while we were trying to cross the street - I was ready to knock one of them off their bike if they hit me. Then there are the electric bikes zipping through the crossing people at 30 mph - its nuts.

Anonymous said...

It is hard to find sympathy for bikers these days. The majority do not obey traffic rules repeatedly running red lights, making illegal turns, blocking intersections and acting with total disregard to the pedestrian's right of way. For some reason bikers do not know that they have to obey all traffic laws just like motor vehicles.

But I am sorry to hear what happened to this man. The attack, and it can only be called that, on this biker by this man with a grudge, is awful. It is assault. No different if a man ran up to a car and started smashing the window with a rock and hit the driver.

Anonymous said...

I have rented a Citi bike a few times this summer. Each time I was terrified by how dangerous it is to ride in the designated bike lane. The threat of pedestrians crossing into or blocking the lane, as well as car's "dooring" you is extremely high. There are too many threats and near misses at every juncture. It was much easier to ride in the suburbs.

NOTORIOUS said...

It's not the NYPD's job to babysit the bike lanes. I find it hard to believe this pedestrian randomly attacked this cyclist for no reason. The cyclist admits to going 20 MPH and weaving out of the bike lane. He probably got too close to the pedestrian who felt the need to protect himself from being hit.

The general consensus from both sides is that bike lanes are not safe. Great! Something we can all agree on. Stop fucking up the city streets by adding more.

NOTORIOUS said...

Looking at the photo of the street configuration, if I was a pedestrian standing in the gray area - WHERE BIKES SHOULD NOT BE - I'd kick you off your bike too if you weaved in my direction going 20 MPH. Here's an idea... SLOW DOWN.

Anonymous said...

I'm a bike advocate, but there's a lot of cyclists who need to get in line. That having been said: can we talk about the motorized bikes?

Unknown said...

I can't tell you how many times I have been harassed and ticketed on my bicycle by the 9 precinct. This seems to happen in the 9th precinct as well. I have been pulled over and ticketed for not having a reflector on my front wheel. Absolutely ridiculous! It seems the 9th precinct has an issue with cyclists. Meanwhile across the street from my apartment in the park I watch NYU kids buying heroin on the daily. Priorities....:(

Giovanni said...

So after all of the cyclists who have been killed in accidents recently, people are now advocating for vigilantism against cyclists? There is no excuse for what this pedestrian did unless he felt the cyclist was about to run him over. That being said, cyclists need to slow down, both to protect themselves and others. If you can’t stop immediately in order avoid an accident, whether it’s getting doored, cut off by a car, or hitting a pedestrian, then you're probably going too fast. This guy was riding a very fast 20MPH, like a member of the Spandex Ballet who cruise around Central Park at top speed, and then wonder why people get so mad at them.

As a cyclist, when you come to a crosswalk and stop for pedestrians, you will be amazed at how many looks of amazement, thank yous and smiles you will receive.

Kimberley said...

If you're not white, don't make a big deal about it? Wtf kind of advice is that?

Anonymous said...

@Giovanni: For all you know, the pedestrian did think maybe the bike rider was going to run into him.

A couple of days ago, I was crossing 2nd Avenue down here, where there certainly IS a bike lane, and 2 bikers suddenly peeled out of the lane TO RIDE IN TRAFFIC. They were weaving around, so, as a pedestrian, I just stayed rooted in place on the 'traffic island' until they were past me, b/c I had NO idea what their next random moves were going to be.

Bike riders, make up your minds, please. You wanted lanes; you GOT lanes; how about you ALL use those lanes? Otherwise we may as well tear the bike lanes out, and let it be the free-for-all that it essentially IS every day on our streets.

PS: If e-bikes are not street legal in Manhattan, why is there a new e-bike store called WING BIKES at 345 East 12th St.? To whom are they legally selling their bikes? Or maybe the 9th Precinct could look into it.

Anonymous said...

I have known both pedestrians and cyclists whom have become victim to injuries and death. I agree with the last commenter. If one were in the suburbs, it is a different game entirely, where I would feel safer riding about without the chaos and millions of people on this island. Here in Manhattan, it is anarchy. I often fear for my life when I am near the crosswalk and have the right of way.

This situation that just occurred is about a disgruntled twit who took out his anger in a passive, aggressive way rather than being direct and civil. He should have never done such a stupid thing. He should at the very least receive a summons or a fine to pay. Perhaps even therapy might unpack where his temperament is rooted. If I were the cyclist, I would have been disturbed with what he did.

I wish there was a way for all of us to come together on this issue without being defensive or violent or apathetic.

Anonymous said...

I would like to see the pro bike community speak up visibly against the bike riders that don’t follow the rules and endanger pedestrians. Every time a pro bike organization speaks to the media, all they talk about are the cars and drivers. It’s time for them to start policing (pressuring) the wayward bikers themselves.

Anonymous said...

Get used to it people this is the new normal. The street level chaos is only going to increase and that's good. Visit a city like Bejing where enormous crowds and vast numbers of bicycles make their way through open spaces on the edge of rivers of cars. Because they don't act entitled to their own personal path of choice through the metropolis and just make it work.

If you feel safer in all-car country there's a whole lot of real estate on the continent west (and north and south) of here. As most of you are remaining here, grow up. And ... gasp ... look both ways when crossing the street. The elderly icy vendor pinned under the car on Ave B just recently was doing everything right. The biker in this story wasn't breaking the law.

Pedestrians walk like they are cruising the mall parking lot in a Toyota, bikers ride like they're in a car, with tunnel vision about their preferred path and nothing else.

Stay aware and cooperate on a moment by moment basis. If a bike can get through the intersection, regardless of the light, maybe give them momentary leeway. Be aware that pedestrians have to cross the bike lanes for many reasons. Don't be like the idiot I watched almost hit a wheel chair moving from a parked car through the protected bike lane. This aren't spandex bike racing tracks. Crowd cooperation is how it's going to be, let's try and keep the black eyes and busted lips to a minimum while dealing with each other until then.

I had to pull a biker off his bike for smacking me in the head. He was a jerk. Guessing it hurt.

@Notorious - pulling a biker down just for annoying you is assault, even if they are in violation of a traffic law. Try that with any long time New York city bike rider and it won't go well for you, regardless of the police.

@Kimberley - if you're unaware of the NYPD double standard regarding skin color maybe, I dunno, read up on it.

And NYPD - the electric bikes are motorcycles. They should be required to travel with the powered vehicles, not buzz down the bike lanes at 30 miles an hour checking their phones.

Carol from E. 5th Street said...

You think the streets are dangerous for bicyclists? As well as looking out for cars, pedestrians now have to look not only in the correct direction of bike traffic but the other way for cyclists going the wrong way in the bike lanes. They have to look for cars running red lights and cars making turns. They also have to look for bicyclists riding in the traffic lanes but not stopping for red lights the way cars do but jetting out of nowhere. And don't forget the bicycles on the sidewalks.

I have been knocked unconscious by a cyclist going the wrong way in the bike lane and suffered a concussion. In addition I have had many "close calls" even though I am super vigilant and watchful when crossing the street. Cyclists need a license (dogs need a license) and need to pass a safety rules test.

sophocles said...

Riding a bike should be joyous, healthful, liberating. Too bad it's so fraught in the city. I still remember the first time I rode a two wheeler. It was magical, wasn't it? The trick of course was to keep moving...

Anonymous said...

Walking in Manhattan used to be a pleasure too. Now one has to be constantly vigilant for speeding cyclists in every direction regardless of who has the right of way, Uber drivers blocking crosswalks and/or jumping the light (while loudly honking), tourists stopping dead in their tracks to look at maps(causing a pile up behind them), people walking with cellphones without looking where they’re going, blocking crosswalk access to send a text, dog walkers on phones allowing their extended leashes to cause you to trip over them, multiple charity solicitors asking “Can I ask you a question?”, gaggles of girls or families walking in foursomes blocking the sidewalk, bike riders on narrow and/or busy sidewalks, and restaurant goers coming out the door and blocking the sidewalk while they wait for their Ubers (while 6 empty taxis cruise by). We’ve become a culture where no where be thinks of anyone but themselves.

From the East Village said...

All the current street chaos that led up to this act, is ultimately DeBlasio's fault for not having the NYPD enforce the traffic laws.

Anonymous said...

"I had to pull a biker off his bike for smacking me in the head. He was a jerk."

"had to" is Bullshit. You ASSAULTED someone, end of discussion.