. >>> there's accusations that toliver threatened a family after they followed him from the scene. tonight we spoke with the driver who was with his family when he says he saw a 49ers player hit a bicyclists. and that driver is now pursuing a lawsuit. jana katsuyama is live to show us the pictures he took after the collision. >> reporter: the man says he saw toliver leave recklessly. he said the trouble just continued when he followed toliver's car. >> reporter: 49ers defensive back chris coliver is now legally on the defense. he appeared in court last month for criminal misdemeanor hit- and-run charges and felony possession of brass knuckles. now he's accused in a civil lawsuit of assault, battery and issuing threats and racial slurs. >> i heard the tires screeching. >> reporter: the plaintiff mark santos spoke with us by phone with his attorney. santos says in march he hit coliver hit a bicyclists and take off. santos says he was driving with his wife and children when he followed coliver. that's when he says coliver got out of his car. >> he kept threatening me. telling me to ge