Oakland law may curb drivers' aggression to cyclists

Councilwoman Libby Schaaf's proposal would allow damages against drivers. Councilwoman Libby Schaaf's proposal would allow damages against drivers. Photo: Lea Suzuki, The Chronicle Buy photo Photo: Lea Suzuki, The Chronicle Image 1 of / 3 Caption Close Oakland law may curb drivers' aggression to cyclists 1 / 3 Back to Gallery

(03-25) 20:02 PDT OAKLAND -- Motorists who harass, threaten or assault bicyclists or pedestrians in Oakland may soon find themselves facing a hefty out-of-pocket penalty for their unruly behavior.

Oakland City Councilwoman Libby Schaaf is pushing a law to give victims of driver wrath the ability to collect at least $1,000 plus attorney fees when they file and win a civil lawsuit against a motorist.

Schaaf announced the legislation Tuesday outside of City Hall surrounded by bicycle-safety advocates. "This law will send a message to rogue drivers that they will be held accountable for their antisocial road behavior," said Christopher Kidd, who serves on the board of Walk Oakland Bike Oakland, a safe-streets advocacy group, and appeared at a news conference with Schaaf.

Kidd described an incident that he said happened about a year ago as he rode his bike along San Pablo and Stanford avenues after work. A driver buzzed by him, shouted a profanity, swerved to the side of the road and threw open his door, causing the 31-year-old Kidd to hit it and fly over his handlebars.

The proposed law, which was being considered Tuesday night by the council public safety committee, is intended as a wake-up call to drivers, Schaaf, Kidd and others said.

Cyclists can file police reports, but Oakland police officers aren't always able to investigate or prove a case beyond a reasonable doubt.

And while cyclists can already file a lawsuit against a driver, Schaaf's bill would ensure that any damages be at least $1,000 in addition to attorney and litigation fees. Berkeley, Los Angeles and Sonoma County have recently passed similar laws.

"We know the vast majority (of drivers) definitely play it safe," Schaaf said. "But this law is there to remind us that we should all be more careful when we approach cyclists."

Between 1992 and 2011, 184 bicyclists and pedestrians were killed by cars in Oakland, Schaaf said. Another 9,072 were injured in the same time period.

Since 2005, the rapidly changing city - which has seen an influx of new residents who are being priced out of San Francisco - has installed roughly 42 miles of bike lanes, and plans to install 100 more.

And as larger numbers of Oakland residents ride bikes to work, conflicts on the road have become common, Schaaf said.

But not far from Schaaf's news conference, drivers in downtown Oakland called the proposed law one-sided.

"It needs to be both ways," said Kevin Huniu, a Berkeley environmental consultant who sometimes drives to work in Oakland. "Once a bicyclist didn't stop at a stop sign and then got mad at me when I went through the intersection. He yelled at me."

Jason Bryant, 62, a rental car agent, said aggressive cyclists are a problem.

"They're clearly taking sides," he said. "The city has made lanes for them. The police are going to protect their rights. Maybe there should be cycling classes just like driver's ed - you should have biker's ed."

Asked about aggressive bicyclists, Schaaf said only that she hopes her law would encourage everyone to behave better.