Category: Biking in Maryland

from WABA

Uh-oh, I was just involved in a bike crash! What do I do?

The first thing you need to do is stay calm and assess yourself. Are you hurt? Badly? If there’s even
a small possibility that you might be seriously injured, don’t do anything. Stay still and wait to be
examined by EMTs or a doctor.

Even if you appear to be unhurt, that may not be the case. High-stress situations have a tendency to spike your adrenaline and endorphin levels specifically so that you won’t feel pain. You may be more
seriously hurt than you suspect, and what’s worse, you may not realize it until you’ve left the scene of
the accident. Which brings us to:

DON’T ride away! Taking the time to deal with a crash is worth it, trust us. Whatever you were planning
to do with that time can wait.

Ok, I think I’m physically alright. What’s next?

If nobody has done it yet, call the police. Especially if there are injuries or property damage to be
dealt with, but even if everything seems fine. There are two major reasons for involving the police: first,
to create an objective account of what happened. If injuries develop later (see the answer above) and/or insurance companies have to be involved, having a police report will be invaluable. Second, in order
for WABA to make bicycling safer, we need accurate crash reporting statistics, and in order to have
those, you have to report your crashes. Yes, it can be a hassle when all you want to do is get out of an
uncomfortable situation, but it WILL help save lives down the road. Some crashes without injuries or
property damage will not generate an official crash report (i.e. a document) but will be recorded as a
reported crash.

The cops have arrived at the scene. Now what?

Now, you need to sharpen your pencil. A big part of making sure that you don’t get taken advantage
of in a post-crash situation is gathering information. In no particular order, you need to write down the
following:

• The names, driver’s license numbers, addresses, phone numbers, and email addresses of
  any other drivers/bicyclists/pedestrians involved in the crash. This means vehicle operators,
  primarily, not passengers.
• The insurance companies and policy numbers of these people.
• The makes, models and license plate numbers of any vehicles involved in the crash.
• The names and contact info of at least two witnesses, if there were any. Don’t use passengers of
  vehicles involved in the crash.
• The police report number.
• The name and badge number of at least one police officer who responded to the scene (Most
  police officers carry business cards with this info and will give it to you when asked. It will also
  be on a report, if one is necessary.).

Download this form we created to keep track of all this info. Print it out, fold it up, and keep it in your
wallet or saddle bag, just in case.

If you have a camera (or camera phone), take pictures of any damage to property/vehicles. Make sure
you take pictures of all damage, not just damage to your property. If it comes down to fighting an
insurance claim, you want to have your own documentation available.

As soon as you feel calm enough, and have the time to do so, write out a description of the events
before, during, and after the crash. Try to use objective, descriptive language and avoid assigning blame.

Got it. All the information has been gathered. What do I do now?

If you’re unsure of anything, or have any questions about your accident and what happens
afterwards, please call us at 202-518-0524 and we’d be happy to help you out. If you call after normal
business hours, leave a message and we’ll get back to you as soon as we can.

Additionally, should you need one, we can recommend a lawyer with experience representing bicyclists
who have been involved in traffic crashes.

Continue reading “Bicycle Crashes FAQ”

Bike lanes, sidewalk widening among changes considered
by Daniel Leaderman | Staff Writer – Gazette
Bicycle and walking routes may soon improve in Hyattsville, thanks to an $110,000 state grant for the city to improve pedestrian and bicycle transit.
"We have two of the most-used Metro stations in the area; it would certainly behoove us [for] people to bike and walk there safely," said Jim Chandler, Hyattsville’s community development manager.
There are some bike lanes already in Hyattsville — such as on Hamilton Street near Magruder Park, Chandler said — but they don’t connect to other trails or bicycle routes such as the Anacostia Tributary Trails System.
…
The funds were award through the state’s Community Legacy Program, which sponsors revitalization projects by local governments and community development organizations.
…
**************************************************************************************************************
[B’ Spokes: Granted there is a need in Hyattsville but what about Baltimore County, there is no need there? Why does it seem easier to get money from a new $4M state funded program to a few projects then tap the much larger $25M in Transportation Enhancement funds from the Feds for even more projects? We pass laws so MDOT will fund these types of projects but MDOT still doesn’t get it IMHO. ]
Continue reading “Grant paves way for Hyattsville pedestrian, cyclist improvements (Baltimore County eat your heart out.)”

I’ve touched on this report before but Michael Dresser puts a nice local spin on it.
"In other words, other countries are taking this seriously — and we’re not. It’s not just a governmental issue. It’s cultural. Americans are simply much more likely to complain about getting a $40 speeding ticket from a camera — even when those cameras give them a 12-mph cushion — than they are about thousands of their fellow citizens dying on the road. Americans profess to oppose drunk driving but shy away from measures that would really crack down on offenders — finding it too "harsh" to permanently revoke the license of a repeat offender."
Continue reading “Study finds U.S. lags in traffic safety”

[B’ Spokes: as a result of your efforts the following corrections have been made to MVA’s web site. In particular note how our 3′ law is summarized, big improvement. Thanks again to all who helped in this, and to our good friends in Maryland Highway Safety Office who helped a great deal. Hopefully there will be a few additional changes but we are off to a great start.]

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The laws referenced below are current as of October 2010, and can be found in the Annotated Code of Maryland, Transportation Article.

Take The High Road:  Share The Road – It Belongs To Everyone

You are responsible for controlling your vehicle as necessary to avoid a crash!

By Maryland law, bicycles are vehicles.  Bicyclists are authorized users of the roadway, and bicyclists have the same rights-of-way and the same duty to obey all traffic signals as motorists. But bicycles are less visible, quieter, and don’t have a protective barrier around them. Motorists should drive carefully near bicyclists; even a slight mistake can result in serious injury or even death.

Traffic Laws for Motorists

• The driver of a vehicle passing another vehicle, including a bicycle, must pass at a safe distance and leave plenty of space.  The driver should be able to see the passed vehicle in the rear view mirror before returning to the original lane. After passing you must make sure you are clear of the bicyclist before making any turns.
• Drivers shall exercise due care to avoid colliding with any bicycle, Electric Personal Assistive Mobility Device (EPAMD), or motor scooter being ridden by a person.
• The driver of a vehicle must not pass any closer than three (3) feet to a bicycle or motor scooter if the bicycle is operated in a lawful manner. It is not lawful to ride against traffic.
• The bicycle has the right of way when the motor vehicle is making a turn, and you must yield to bicycle.
• Motorists must yield the right-of-way to bicyclists riding in bike lanes and shoulders when these vehicle operators are entering or crossing occupied bike lanes and shoulders.
• When riding on a sidewalk, where such riding is permitted, or a bike path, a bicyclist may ride in a crosswalk to continue on their route. Motorists are required to yield right of way to a bicyclist operating lawfully in a crosswalk. So, look for bicycles coming from both directions. (TR §21-101, §21-202, & §21-1103)
• A person may not throw any object at or in the direction of any person riding a bicycle, an EPAMD, or a motor scooter.
• A person may not open the door of any motor vehicle with intent to strike, injure, or interfere with any person riding a bicycle, and EPAMD, or a motor scooter.
• Failing to yield right of way to a bicyclist, resulting in a crash in which the bicyclist is seriously injured can result in a $1,000 fine and three points on your driving record.

Traffic Laws for Bicyclists

• Maryland’s traffic laws apply to bicycles and motor scooters. (TR § 21-1202)
• A bicycle may not carry a passenger unless it is specifically designed for and equipped with a seat for each passenger. (TR § 21-1203)
• Bicycles, motor scooters and EPAMDs are not permitted on any roads where the speed limit is more than 50 miles per hour or higher. (TR § 21-1205.1)
• A person riding a bicycle shall ride as close to the right side of the road as practicable and safe, except when:
  • Making or attempting to make a left turn;
  • Operating on a one-way street;
  • Passing a stopped or slower moving vehicle;
  • Avoiding pedestrians or road hazards;
  • The right lane is a right turn only lane; or
  • Operating in a lane that is too narrow for a bicycle to travel safely side-by-side within the lane (TR § 21-1205)·
• Where there is a bike lane, a person must use those and not ride a bicycle or motor scooter in the roadway except: (TR § 21-1205.1)
  • If passing safely cannot be done within the bike lane or shoulder;
  • When preparing for a left turn; o To avoid hazards;
  • When the bike lane is also a right turn or merge lane.
• A person riding a bicycle or motor scooter may not cling to any vehicle on the roadway. (TR § 21-124)
• A motor scooter may not be operated at a speed in excess of 30 mph. (TR § 21-1205.1)
• An EPAMD may not be operated at a speed in excess of 15 mph. (TR § 21-1205.1)
• A person cannot carry anything that prevents them from keeping both hands on the handlebars or that interferes with the view or balance of their bicycle, motor scooter, or EPAMD. (TR § 21-1206)
• A bicycle, motor scooter, or EPAMD may not be secured to a fire hydrant; a pole, meter, or device in a bus or taxi-loading zone; a pole, meter, or device within 25 feet of an intersection; or where it would obstruct or impede traffic. (TR § 21-1206)
• A person may not ride a bicycle, motor scooter, or EPAMD while wearing a headset or earplugs that cover both ears. (TR § 21-12010)

Helmets

• Helmets are required for everyone under the age of 16, including passengers, who ride their bicycles on the road, bicycle paths, or any public property. (TR § 21-1207.1)
• Helmets are also required for everyone under the age of 16 who are riding on a scooter or on in-line skates. (TR § 21-1207.2)
• The helmets must meet or exceed the standards of the American National Standards Institute, the Snell Memorial Foundation, or the American Society for Testing and Materials. (TR § 21-1207.1)

Equipment Required

• A lamp is required on the front of a bicycle or motor scooter, if the bicycle or motor scooter is used on a highway when people and vehicles are not clearly visible at 1,000 feet. (TR § 21-1207)
• A red reflector on the rear is required if the bicycle or motor scooter is used on a highway when people and vehicles are not clearly visible at 1,000 feet. (TR § 21-1207)
• A bicycle or motor scooter may be equipped with a bell or other audible device, but not a siren or whistle. (TR § 21-1207
• A bicycle or motor scooter must be equipped with a brake. (TR § 21-1207)

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Continue reading “Current Bicycle Laws (Phase one)”

from Greater Greater Washington
…None of the current staff of MCDOT or the SHA is responsible for decisions in the 1960’s that turned Rockville Pike into the monster that it is today.
This tragic event shows how quickly people who are otherwise uninterested in transportation policy quickly become experts when it touches their life. It also underscores how much our infrastructure and urban form shape our everyday life. …
Continue reading “MDOT improving pedestrian safety in the wake of tragedy”

from Stop the Maryland Unsafe Driver by Driver

Continue reading “Maryland Police Officer Fined $185 for Speeding in Crash that Paralyzed Teen Boy – Crimesider – CBS News”

By Natalie McGill – The Gazette
When Natasha Pettigrew, a Green Party candidate for the U.S. Senate, was killed while riding her bicycle two months ago, her mother, Kenniss Henry, filled in, campaigning throughout Maryland.
…
Her new focus is advocating in Annapolis and on Capitol Hill for bicycle safety laws and tougher penalties for drivers who strike and kill bicyclists.
Pettigrew, 30, was bicycling about 5:30 a.m. Sept. 19 near Campus Way and Route 202 when she was struck by a sport-utility vehicle driven by Christy Littleford, 41, of Upper Marlboro, Maryland State Police said. Littleford said she thought she had hit a deer and found Pettigrew’s bicycle beneath her vehicle when she arrived home, police said.
Pettigrew, who had been training for a half-triathlon, died Sept. 20 from injuries she received in the accident. No charges have been filed against Littleford; police said the investigation is ongoing. Littleford could not be reached for comment.
Henry said she is working on building contacts with state officials and she will lobby the Maryland General Assembly next year for stronger state vehicular manslaughter laws aimed at drivers who hit and kill bicyclists.
Under state bicycle safety law, drivers must yield the right of way to cyclists "when these vehicle operators are entering or crossing occupied bike lanes and shoulders," according to the Maryland State Highway Administration Web site. Drivers can face a $1,000 fine and three points on their driving record if the failure to yield results in a crash in which the cyclist is "seriously injured," the Web site says.
According to Maryland law, a person who commits vehicular manslaughter is driving in a "grossly negligent manner." Anyone convicted of vehicular manslaughter, which is a felony, can be sentenced to up to 10 years in prison and fined as much as $5,000.
A Senate bill proposed during this year’s Maryland General Assembly session would have added to the existing vehicular manslaughter law language stating that a driver is considered to be criminally negligent when he or she "should be aware, but fails to perceive, that the person’s conduct creates a substantial risk that such a result will occur" and that the failure creates a "substantial deviation from the standard of care that would be exercised by a reasonable person."
The bill, sponsored by state Sen. Larry E. Haines (R-Carroll) of Westminster, was in the Judiciary Proceedings Committee as of March 31, but the legislative session ended April 12. Haines, who did not seek reelection, did not return calls by press time.
Henry said she wants drivers who strike and seriously injure or kill cyclists to receive more than just a slap on the wrist and a fine.
Prosecutors must meet a high burden of proof for vehicular manslaughter, said spokesman Ramon Korionoff, speaking on behalf of Prince George’s County State’s Attorney Glenn F. Ivey. Korionoff added that Ivey joined forces with AAA during this year’s Maryland General Assembly session to testify before the Judicial Proceedings Committee for tougher laws.
"For example, drunk driving alone does not necessarily constitute sufficient grounds for a vehicular manslaughter charge," Korionoff said. "You’d have to have excessive speed, impairment of the driver, weather conditions. There are various factors that play into this."
Henry said she plans to lobby state and federal lawmakers to ensure that money is earmarked for infrastructure projects, such as widening bicycle lanes.
Wider lanes would help cyclists and drivers, she said. According to a state law that took effect last month, drivers must maintain a minimum 3-foot buffer between their vehicles and bicycles and yield the right of way to cyclists.
…
Continue reading “Daughter’s death gives Cheverly mother new direction”

The National Park Service has begun the Planning, Environment and Public Comment period on the proposed extension of the WMRT approximately 15 miles from its present western terminus at Pearre Station to a point near Paw Paw, WV. This extension will be under the management of the C&O Canal National Historical Park.
Project information is available at https://parkplanning.nps.gov/projectHome.cfm?projectID=14837 Public comments are encouraged. The comment period begins Nov 16 and ends Dec 23, 2010.
Note the Topic Questions Instructions on https://parkplanning.nps.gov/document.cfm?parkID=177&projectID=14837&documentID=37259

from Maryland Injury Lawyer Blog
After a car accident, police do an investigation, talk to the witnesses, and file a police report. Although the police report is generally inadmissible at trial in Maryland, the facts contained in the report and the conclusion of the police officer as to who was at fault colors – sometimes permanently -how the insurance companies view the merits of accident claims.
In serious injury accident cases, often there are parties to the accident who are unable to talk to police because they are tending to their injuries. Obviously, this problem is even more pronounced in wrongful death accident cases.
I recently received a call from a potential client who forwarded to me the police report in this case that showed that she was undeniably the cause of the accident. The problem was that as a matter of physics and given the property damage, the accident could not have happened as the police report suggested. What did the woman who was listed at-fault tell the police after the accident? Nothing. She was airlifted to shock trauma. So the police officer listened to the driver that was there, accepted his story and then filed his police report listing the woman as the at-fault driver.
The big lesson here for accident lawyers is to take the police report’s findings with a grain of salt. If you have a serious injury case, do your own investigation of the accident as opposed to making a decision on the case by looking at the police report.
Continue reading “Police Reports: Why They Are Often Wrong”

Thanks to $1.3 million in stimulus money a tiny town in Maryland now lays claim to "East Coast’s greenest street", while ~$25 million lays languishing in Maryland’s Transportation Enhancement fund. Well congratulations Edmonston, and to everyone else, sorry we don’t support this kind of thing in Maryland unless you can get a specific Federal grant.
What are you missing out on? Decatur Street "is now lined with about 30 maple, elm, sycamore and oak trees and energy-efficient, wind-powered streetlights. Crews installed a bike lane and narrowed the roadway by about eight feet, reducing the amount of pavement. The new sidewalks are made of permeable concrete blocks and landscaped areas, or "rain gardens," that filter water naturally through the ground. "
Definitely not your typical road in Maryland.
Continue reading “Once again bicycle accommodations come about through special programs and not routine procedures”