Cyclists Sue After Near-Fatal Road Rage Incident with BMW Driver in Newport Beach
Cyclists Sue Over Newport Beach BMW Road Rage Attack

Cyclists Take Legal Action Following Terrifying Newport Beach Road Rage Encounter

Two cyclists are pursuing legal action after a harrowing incident where they were nearly run off the road by an enraged BMW driver in the affluent coastal community of Newport Beach, California. Luke Fetzer and Ben Byra were enjoying a scenic training ride along the East Coast Highway on a sunny Saturday, preparing for an upcoming Sunday race, when their peaceful outing turned perilous.

A Peaceful Ride Turns Perilous

The trouble began when a blue BMW 4-Series driver abruptly swerved into the bike lane behind the two friends, who were riding single file as required. The motorist then started tailgating them aggressively, honking the horn and swerving dangerously close. Passengers in the vehicle rolled down a window and shouted derogatory slurs at the cyclists, escalating the tension immediately.

"The driver honked at us, swerved at us, and then the passengers rolled down his window and yelled slurs at us," Fetzer recounted in a social media video that later went viral. Moments later, the cyclists found themselves stopped next to the BMW at a red light. In a moment of frustration, Fetzer admitted to squirting his water bottle at the car, a decision he later acknowledged worsened the situation. "These guys had just tried to kill us," he explained, defending his impulsive reaction.

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Escalation and Harassment Captured on Video

Fetzer's act of retaliation only infuriated the driver further, who then allegedly attempted to run the cyclists off the roadway. Fetzer began filming the encounter for safety, capturing footage that shows the BMW, lacking a front license plate, tailing Byra closely before forcing him to jump onto the sidewalk to avoid being hit. The car then sped up to catch Fetzer in the bike lane, with a passenger throwing a water bottle at him as they drove past, followed by obscene gestures.

The viral video, which amassed over nine million views, ends there, but Fetzer reported in a follow-up that the harassment continued. The BMW, accompanied by a black and red Corvette, pursued them for several more miles before both vehicles stopped in a queue spilling into the roadway and bike lane outside a popular Shake Shack restaurant.

Confrontation Outside Shake Shack

"Cars will usually park and wait in line at Shake Shack, blocking cyclists, which is fine. We move to the left and we go around," Fetzer stated. "But this time, these four individuals got out of the cars, ran into traffic, pushed into the two right lanes, blocked us, they told us that they were going to kill us, and tried tackling us." The men also directed aggression toward two other cyclists nearby, who subsequently called the police.

A police report was filed against the driver, whose identity is known to authorities, though no criminal investigation is currently underway. Under California law, it is illegal to throw objects at vehicles or occupants on a roadway, adding a legal dimension to the altercation.

Legal and Safety Concerns Raised

Fetzer's attorney, Steve Rosen, who is also an avid cyclist, emphasized that the cyclists were lawfully positioned. "What’s scary to us is that we’ve seen a real rise in intentional aggression toward cyclists," he told KTLA, which first reported the incident. Byra echoed this sentiment, questioning, "We were in the bike lane. So, I really don’t see what we were doing wrong."

The Daily Mail has contacted both Fetzer's lawyer and the Newport Beach Police Department for further comment, as the cyclists seek justice and highlight broader issues of road safety and cyclist protection in urban areas.

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