As part of a lobbying effort to pass a D.C. Council proposal extending greater legal protection to cyclists, the Washington Area Bicyclist Association released the above video of a cyclist intentionally being struck by a vehicle. Now, the organization has some additional ammunition for their cause — according to WABA, no assault charges have been brought against the driver.

Writes WABA Executive Director Shane Farthing:

Despite having clear video evidence documenting the assault-including the threatening language prior to the attack, an independent witness who stated that the collision with the cyclist was intentional, and excellent police work by MPD in locating the driver of the vehicle and completing the necessary reports, no assault charges will be brought.

The authorities saw the video. That was their answer.

If criminal assault charges are not pursued in a case like this one, where the entire incident is videotaped, corroborated, and well investigated, it is difficult to imagine a time when these criminal laws would be used to provide justice after a bicyclist is assaulted.

Regardless of whether you favor or oppose the legislation, it’s hard to argue that this development doesn’t outline WABA’s case for such a law really well — often times, when cyclists have a driver purposely swerve towards them or hit them, there are often few legal remedies for them to pursue. The proposed Assault of Bicyclists Prevention Act of 2011 would clearly allow the cyclist in the video above to bring a civil action against the driver, even though the police are not filing criminal assault charges.

The bill is currently awaiting a Committee on the Judiciary hearing before heading to a full Council vote. Councilmember Phil Mendelson (D-At-Large), who chairs the Committee on the Judiciary, will also hold a public hearing on bike and pedestrian law enforcement, unrelated to the proposed legislation, on November 2.