Caught on Video: AC Transit Operator Appears to Assault Cyclist
A cyclist was nearly run over by an apparently enraged AC Transit operator on the morning of Thursday, Dec. 4, in front of Franklin Elementary on Foothill Boulevard in Oakland.
George, who asked Streetsblog to withhold his last name out of fear of retaliation, said he was riding in the bike lane when he noticed a huge shadow coming from behind him and heard honking. He turned around to see an AC Transit bus in the bike lane tailgating him. He stopped riding and confronted the driver and told them to return to the motor vehicle lane. The bus driver did so, briefly, but then swerved aggressively back into the bike lane in an apparent attempt to crush him with the side of her bus.
“It’s not like she could say she didn’t see me,” explained George.
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. “I forwarded [the video] to our top executive staff and asked them to look into it and provide a response on how they will respond. I haven’t heard back, but I know they’re investigating it,” she explained to Streetsblog.
George added that he’s planning to file a police report against the bus driver.
“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. In other words, to scare the cyclist, placing the cyclist in reasonable apprehension of a potentially fatal collision. Luckily, the cyclist was able to avoid the harmful contact, but an assault still took place.”
“The video … was received by our transportation team several days ago and is currently under review,” wrote Robert Lyles, spokesperson for AC Transit. “While we cannot discuss personnel matters or any actions that may result, please know that we take this matter very seriously and are committed to upholding the highest standards of safety and professionalism.”
“Obviously, it’s a serious matter. And I understand these issues from a personal perspective,” added Walsh.
Of course, this incident is yet another example of why painted bike lanes are no substitute for concrete, protected bike lanes. Painted lanes just invite this kind of conflict. George also commented that the bike lane on Foothill is particularly problematic.
“The bike lane provides some comfort, but in situations like this, I feel it makes me more of a target for rage,” he said.
“The original plan for Foothill in that area was to stripe the bike lane on the left side with a short protected section by the school drop-off zone, specifically to help avoid these types of bike/bus conflicts,” explained Bike East Bay’s Robert Prinz.
“This was eventually dropped from the project due to concerns about where and how the bike lane would switch from the right to the left side, and concerns about conflicts between school drop-off traffic and buses,” he continued. “However, it’s clear that the bike/bus conflicts and school drop-off traffic are still ongoing issues. OakDOT staff are now taking another look at that location to see if there is any follow-up they can do.”
Meanwhile, George told Streetsblog he remains shaken. “While I wear a helmet, I don’t have airbags or a seatbelt, or a protective steel cage. I feel very vulnerable,” he said. “So with dangerous drivers like this, I wonder if I am about to die just biking to work.”
Streetsblog has migrated to a new comment system. New commenters can register directly in the comments section of any article. Returning commenters: your previous comments and display name have been preserved, but you'll need to reclaim your account by clicking "Forgot your password?" on the sign-in form, entering your email, and following the verification link to set a new password — this is required because passwords could not be carried over during the migration. For questions, contact tips@streetsblog.org.
