Biking in Baltimore
Nathan has made some progress. Although Nathan is still unconscious, he is now responding to his nurse fussing with him: he is moving his legs and head, and even opening one eye.
The doctors removed his sedation. Nathan is initiating his breathing on his own. Although his movements are not purposeful, he is responding to some stimuli. We hope that Nathan will soon respond to requests ("squeeze my hand," etc.)
Continue reading “Mitchell Krasnopoler 3/3/11 11:00 am Update”
by Steven D. Silverman
Over the weekend, 20-year-old Johns Hopkins University student Nathan Krasnopoler was critically injured while riding his bicycle. According to the Baltimore Sun, Krasnopoler was riding in a designated bike lane on West University Parkway and W. 39Th Street when he was hit by a vehicle turning right. Krasnopoler is in a comma and the Baltimore City police have issued no charges or citations. [Update: The police have concluded (?) that the cyclists was at fault (he hit the car not the other way around, same as the Yates case. Click Read More.]
These facts are disturbingly similar to the John Yates wrongful death case I litigated last year. In that matter, Mr. Yates was riding on the far right when he was struck by a truck which left the scene. The police blamed Mr. Yates, but we were able to overturn that finding. The Yates case brought legislative change and a focus on cyclist rights in Baltimore City. This change included new designated bike lanes. Unfortunately, the Baltimore City Police Department is still demonstrating an apparent bias against cyclists by failing to even issue a citation in an instance of clear negligence.
Continue reading “Police Response To Bicycle Accident Troubling”
I would like to examine laws more closely that are or might be relevant in the Nathan Krasnopoler bicycle crash. Be it fact or be it rummer both necessitate looking at what the law is as well as what the guidance is so we all have a better idea what is expected of motorists because ignorance of the law is no excuse. And that goes for motorists as well as police officers.
"Training specific to bicycle safety and enforcement is not currently provided at the Baltimore Police Academy and bicycle safety or enforcement issues are rarely mentioned at daily roll call, the venue for new information or updated enforcement instructions. Currently, enforcing laws related to bicycle operations and safety in traffic is not among the department’s highest priorities…"
https://www.baltimorespokes.org/article.php?story=20090804094101521
Motorists passing a cyclist and then turning
Guidance:
After passing a bicyclist, check over your shoulder to make sure you have allowed enough room before moving over. Experienced bicyclists often ride 20 to 25 mph and may be closer than you think.
• Be Careful in Intersections – Always assume bicyclists are traveling through an intersection unless they signal otherwise, and yield to them as you would to any other vehicle. Do not turn left or right in front of bicyclists unless you can do so safely. You can be fined $1000 and receive 3 points if you injure a bicyclist by violating their right-of-way
https://www.choosesafetyforlife.com/pdfs/Bicycle_Booklet.pdf
(This is from Maryland Highway Safety Office and fully vetted for being in accordance with Maryland law.)
[Note: The speed of a turning vehicle is near identical to a speed of a cyclist. Since motorists are not aware of this fact they think the speed at which they started the pass will continue through their turn never realizing that they just started using their brakes and are no longer passing the cyclist but have them trapped in their blind spot.]
Law
§ 21-303. General rules governing overtaking and passing vehicles.
(c) Overtaking vehicles going in the same direction.- The driver of a vehicle overtaking another vehicle that is going in the same direction, until safely clear of the overtaken vehicle, may not drive any part of his vehicle directly in front of the overtaken vehicle.
§ 21-309. Driving on laned roadways.
(b) Driving in single lane required.- A vehicle shall be driven as nearly as practicable entirely within a single lane and may not be moved from that lane or moved from a shoulder or bikeway into a lane until the driver has determined that it is safe to do so.
§ 21-1209.(d) Yielding right-of-way.- Unless otherwise specified in this title, the driver of a vehicle shall yield the right-of-way to a person who is lawfully riding a bicycle, an EPAMD, or a motor scooter in a designated bike lane or shoulder if the driver of the vehicle is about to enter or cross the designated bike lane or shoulder.
[Do I really need to point out that just because a motorist signals does not mean that other vehicles are now legally obligated to yield. A personal story: I was riding down a hill about 20mph and a motorist starts to pass and then turns right across my path while I was about next to her passenger window. I have the experience, training and education, so I was able to do a quick turn into her driveway. "Lady you almost killed me!" Her retort "Didn’t you see my turn signals?" Me "Your turn signals are only really visible to people BEHIND your vehicle and I was never behind your vehicle. And even if I had seen them most people need more then a half second to react and you need to verify that I am yielding before crossing my path."]
Motorists making right turns
Guidance
Use Caution at Intersections, Bridges and Driveways
Never make a right turn from a through lane immediately after passing a bike on a shoulder or bike lane. Doing so is as dangerous as turning right from the left lane after passing a car on your right, so stay behind the bicycle. Try to avoid any chance that a bicycle will be to your right or in your right blind spot when you turn right. Before starting a right turn, move as far to the right as practicable within the bike lane, shoulder, or right turn lane.
https://www.baltimorespokes.org/article.php?story=20101026001608737
Laws not covered already
§ 21-601. Required position and method of turning at intersections or crossovers.
(a) Right turns.- If the driver of a vehicle intends to turn right at any intersection, he shall approach the intersection and make the right turn as close as practicable to the right-hand curb or edge of the roadway.
§ 11-151. Roadway.
(a) In general.- "Roadway" means that part of a highway that is improved, designed, or ordinarily used for vehicular travel, other than the shoulder.
§ 11-104. Bicycle.
"Bicycle" means a vehicle that:
(1) Is designed to be operated by human power;
(2) Has two or three wheels, of which one is more than 14 inches in diameter; and
(3) Has a drive mechanism other than by pedals directly attached to a drive wheel.
[Note: a bicycle is a vehicle so a bike lane is for vehicular travel. This method of cars merging with bike traffic to turn right is also recommended by the League of American Bicyclists. (Otherwise what happened in this case is very likely to happen a lot and we don’t want that.)]
Did the cyclists "t-bone" the car or did the driver "right hook" the cyclists?
We have a lawfully riding cyclist in a mandatory use bike lane and a improperly turning vehicle. That should be all that is necessary to say on that.
The cyclists was contributory negligent
Lets say a drunk driver ran a red light while you were talking on a cell phone and you had a crash, you are contributory negligent. But does that relive the other driver from fault of running a red light or being drunk? No. Does it prevent traffic fines and punishments of traffic laws the driver violated? Again no. Can it limit your ability to sue and recover damages from the at fault driver? Maybe but that is up to a court of law to decide not the police.
New:
From BBC forum: "I asked how he could be at fault if she turned right so close to him that he couldn’t stop and then hit her car. He replied that if he had hit the front panel that might be the case, but he hit the rear panel of the car…"
My understanding is everyone has a duty not to hit things even if they are in the wrong. Take a case of a left turning vehicle that tuns in front of your CAR. If you hit the front side panel then it is fairly obvious that you did not have a chance to avoid but if you hit the rear panel you did have a chance to avoid as you could have turned more left to avoid.
This (might) makes some sense with cars and left turns but makes no sense with right turns across another lane of traffic as it is totally dependent on when to other car started to turn. And it makes less sense with cyclists and bike lanes. You could come to a complete stop but still be in the turning radius of the other vehicle and be struck by the side rear. The other thing is there is 15′ of car moving across 5′ of bike lane, the average cyclists cannot turn right (parked cars) or left (the turning car) so all they have is the distance from where they are to where the car started turning (with an every decreasing space due to the cars turning radius.) State law says a bicycle must have brakes capable of stopping 15′ at 10mph. So if the cyclists is just past the rear bumper (assuming braking at the same time as turning) he stands a chance of stopping and avoiding a crash otherwise the motorist has not finished passing and the rear side panel is probably the more likely crash point then the front because of where the drivers blind spot is. A requirement for a cyclists to hit the front side panel would require a driver to right hook a cyclists within a 7′ window and only a 7′ window. A foot off and the cyclists is hitting the rear side panel.
Or more simplistically: An aggressive driver cuts you off while you are driving your car so your front bumper hits their rear side panel. He signaled so he is not at fault and possibly you now are. This makes no sense!
Some police enforcement videos from other states on right hooks:
https://www.youtube.com/watch?v=xKmwKP5ZRtQ Starting at: 3:00
https://www.youtube.com/watch?v=ZaX2iHgHnhE Starting at: 3:45
Police need to witness a crash in order to issue a citation
This is totally bogus especially in light of the videos above. They can determine fault through an investigation. So far I have not heard anything that remotely puts this in the unknown fault category or the cyclist is at fault category.
Conclusion
Police have an obligation to educate the public and improve the safety of all individuals. Bikes lanes are new to the City and there has been no public education effort on how motorists are supposed to deal with them. I strongly encourage the City and the Police to correct this oversight.
No charges likely after incident near Johns Hopkins’ Homewood campus, police says
Take action:https://www.baltimorespokes.org/article.php?story=20110227133723581
Full story: https://www.baltimoresun.com/news/maryland/bs-md-bicyclist-accident-20110226,0,4632453.story
"No charges or citations have or are likely to be filed against the driver of the vehicle, an 83-year-old woman, according to Police department spokesman Kevin Brown."
The Law:
§ 21-1209.(d) Yielding right-of-way.- Unless otherwise specified in this title, the driver of a vehicle shall yield the right-of-way to a person who is lawfully riding a bicycle, an EPAMD, or a motor scooter in a designated bike lane or shoulder if the driver of the vehicle is about to enter or cross the designated bike lane or shoulder.
"The man was riding his bike in a marked bike lane on West University Parkway at the intersection with West 39th Street when he was struck by a vehicle whose driver was attempting to turn right, according to Brown."
Our guidance (based on Maryland law) submitted to MVA for inclusion in the next Drivers’ Handbook:
"Never make a right turn from a through lane immediately after passing a bike on a shoulder or bike lane. Doing so is as dangerous as turning right from the left lane after passing a car on your right, so stay behind the bicycle. Try to avoid any chance that a bicycle will be to your right or in your right blind spot when you turn right. Before starting a right turn, move as far to the right as practicable within the bike lane, shoulder, or right turn lane. "
https://www.baltimorespokes.org/article.php?story=20101026001608737
There is nothing reported that shows the driver followed this guidance.
And there Baltimore City’s Cyclists Bill of Rights passed by City Council:
"3. Cyclists have the right to the full support of educated law enforcement."
https://www.baltimorespokes.org/article.php?story=20101110115142299
Police got the laws wrong in the Jack Yates case and again here, this has to stop!
https://www.baltimorespokes.org/article.php?story=20101202133743715
Write: mayor@baltimorecity.gov and let the Mayor know your thoughts. Be sure to include your full name and address.
Continue reading “Alert: Hopkins student struck by car while riding bicycle”
Clowndemonium descends on the Creative Alliance with an evening of puppets, music, and Medicine Show. The zany elegance of European clowning runs head-first into American vaudeville comedy at 8pm on Friday March 18th in the Patterson Theater.
Pepito the Clown gathers talent from Baltimore’s Canary Theater and San Francisco’s all women clown troupe Circus Finelli. The Clowndemonium Revue is a showcase of comedy featuring the melodic voices of country western legends Dorleen and Larva Lee Wiley, unexpected antics from Pepito the Clown and Paul the puppet, San Francisco Mayoral Candidate Blinky Winky, a samba spectacular by Carmelita, and the innovative healing powers of Dr. Fantastic.
“World class in the best classical tradition…” Z Smith (Pepito) is an actor who has
been performing and writing clown material for 10 years. She is a founding member of both Canary theatre and Circus Finelli. Canary Theater was founded in 2000 as a comedy show that traveled by bicycle and performed for free. It has morphed into a multifaceted company that produces music videos, crafts, puppets, and live physical theater. Circus
Finelli is San Francisco’s all-women clown troupe, specializing in cartoonish and irreverent circus comedy.
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Continue reading “Pepito’s CLOWNdemonium Revue Comes To Baltimore 3/18”
I am heartened and disheartened by the following story by Greater Greater Washington. WABA seems to be doing a great job in trying to get improvements in police reporting bicycle related crashes. Similarly, Baltimore’s Mayor’s Bicycling Advisory Committee seems to be making some progress as well but we really need documentation!
Let me stress we need your stories of being in a crash. Did the police say you were at fault or relive the driver of any fault for the crash? But after hearing the police’s explanation there is a lingering feeling that such judgment was in error? Please contact us! We work with the Maryland Highway Safety Office in providing guidance and summaries of bicycle related laws. We have worked with lawyers in providing resources they need to fight for cyclists rights in court. And above all, we want to see change for the better for bicyclists.
But above all we need documentation when it comes to bicyclists something is too frequently off by the police, placing an extra burden of proof on the part of bicyclists. Without documentation there is little hope for change.
I will also mention that my analysis of 2006 bicycle related crashes in Baltimore City only 10% of drivers in bicycle related crashes were found at fault, this is way out of proportion of surrounding counties and puts a huge burden on Baltimore cyclists. Let me explain; in places where there is an effort to educate the police about bicycling laws and at fault information is available I see near the same number of cyclists and drivers at fault (with a small number of unknown.) This makes sense because people are people no mater what their mode of transportation is. So the implication for Baltimore City is there is a large number of cyclists who do not have proper at fault information on the police report so if they wish to recover damages from the driver they must take the drivers insurance company to court. The insurance company has high paid lawyers who specialize in fighting these types of lawsuits and good luck to the cyclist finding a similar lawyer. However if a cyclist was one of the 10% who had a report with an at fault driver, it should/could be as easy as contacting the insurance company and getting a check.
In the following video you can see the DC Council member gets the issues but the Assistant Chief of Police is not really getting it. This is basically what we are up against, how do we make a case so the police see that reporting of bicycling crashes is not fair nor just.
Continue reading “Please publicly document your bicycling crash stories.”
From PT:
URGENT – PLEASE PASS AROUND:
Last night, Thurs., about 7:30ish, while my son and his friends were jogging around Lake Montebello, a car drove around in the bike/ped lane, circling 5 times at around 30 MPH with joggers and a cyclists in her way. Look for: older light-skinned woman w/ shoulder-length white hair driving red Honda Element w/o bumper stickers.
It sounds like this woman might be having mental problems and needs to be off the road. Look out for her, and if anyone knows her, she needs to be evaluated. This is a serious accident waiting to happen.
She was going too fast. It was also too dark for them to determine race or ethnicity. Still, not too many red Honda Elements driven by white-haired ladies in Baltimore. Someone will know her, and know that she needs to have her keys taken from her. Maybe this story will convince them to do it.
from Bike Baltimore by Nate Evans
At last night’s Mayor’s Bicycle Advisory Committee (MBAC) meeting, we were joined by Major Tony Brown of the Baltimore Police Department. This is the second meeting that local cyclists have had with the police department as Baltimore moves to promote a safer cycling environment.
Major Brown shared important information all cyclists should know:
By the next meeting (Tuesday, March 15th), the Major would like a list of :
The police department will increase patrols where the harassment occurs and set up a ‘sting’ operation where bike theft occurs. Please post these locations below! or email me.
These are the first steps in helping promote a positive relationship and understanding between the Baltimore Police Department and area cyclists. We thank Major Brown for his time and efforts!
Secretary of Transportation Ray LaHood makes this point in his blog:
"But as the Secretary of Transportation, let me be clear: there is no amount of money that could build enough capacity on our highways and at airports to keep up with our expected population growth in coming decades. America’s population will grow by 70 million in the next 25 years and 100 million in the next 40 years. Adding capacity to an interstate highway in the congested Northeast would cost more than $40 million per mile and cause enormous traffic backups, assuming we even had the space. "
For sake of future affordability we need to rethink transportation.
Continue reading “The future we can’t afford to leave behind”