Public excited, skeptical about Hagerstown bicycle plan

By ANDREW SCHOTZ
HAGERSTOWN — Reaction to Hagerstown’s proposed bicycle transportation network Thursday ranged from excitement to skepticism, although most speakers at a hearing liked the idea.
Officials solicited public comments on a plan to create bike lanes in some places, and to have cyclists and motorists share the road in other spots, letting bike riders move safely across the city.
The work and costs would be phased in over several years, in conjunction with road projects.
The plan has been described as a way to cut traffic, ease parking problems, lessen fuel consumption and promote exercise and healthier living.
Ray Quackenbush of Waynesboro, Pa., who works south of Hagerstown, said he’d use the bike network. An increased emphasis on fitness would help combat obesity, he said.
Joe Caha spoke against the plan.
He said many Hagerstown residents don’t work within biking distance, the city could face liability problems for not maintaining bike lanes and it would be wasted money as the city worries about its finances.
City Engineer Rodney Tissue has estimated the long-term cost of the bike network at $173,000, including signs and road markings.
However, city staff could do the work in bits and pieces in coming years and grants could pay for much of it, he said.
[Baltimore Spokes: If these guys are thinking about Federal Grants administered by the State… are they in for a big disappointment. Maryland does not follow Federal Policy and they do not fund projects like this. Is this going to be another bike master plan gathering dust when they find out despite examples all across the country of projects like this getting grants but not in Maryland.]
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Nearly 70 & my father still insists upon bicycling in the snow!

From Jenna Norwood blog:
Check out my father’s Christmas Day activism re: human-powered locomotion in the snow. He’s nearly 70 and he still insists upon using his bicycle for transportation, regardless of the weather. He gave up his car years ago because of the environmental impact.
Greenbelt, the city where my father lives, is the last remaining cooperative community that was set up during FDR’s administration. Rexford Tugwell (whom my dog is named after) came up with the idea to bring people together for economic recovery after WWII. He and Eleanor Roosevelt were instrumental in creating and promoting the communities. ER spent time there & Tugwell retired there.
Incidentally, my father eats almost exclusively raw food (I inspired him!) and he rode his bicycle nearly 50 miles to his 50-year high school reunion on the weekend of his 68th birthday. That was after going raw for 30 days.
So…on Christmas Day when most people were celebrating with food and drink, my father was on a mission. [The get sidewalks cleared of snow.]`]
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SHA Administrator Neil Pedersen responds to our post

In response to our post "Shortchanges in Md. commitment to pedestrians" Neil Pedersen responds with what I consider rather disappointing news.
Please see our poll in the right hand column, if you are like us you would probably select "All of the above." And I really can’t imagine putting forth an argument for just one of the categories. There are places where trails can’t be easily be built, there are state roads that bike accommodations can’t be easily be built and there are county roads where that bike accommodations can’t be easily be built. But if you utilize all to form a comprehensive bicycling network bicycling can take shape. But the state says no, essentially only off-road trails will be supported in Transportation Enhancement Projects (TEP) in defiance of Federal Polices that TEP funds should be used "principally for transportation rather than recreation purposes." Neil then goes to reference recreational trails the state has planed to build with TEP funds and a big fat ZERO for on-road transportation facilities.
Federal Highway Administration highlights best practices for accommodating cyclists, of course Maryland is not mentioned and does not even comes close to following the best practices. The 20 Year Bicycle & Pedestrian Access Master Plan claims to be "Making Maryland the Best State for Bicyclists and Pedestrians" how can this be without following best practices?
Those involved in bike/ped projects know that adding bike/ped accommodations are more economically done during routine maintenance but Neil reaffirms that the state has made up rules so economical bike/ped projects are out of the running as the project must "Be independent projects unrelated to planned or existing highway projects or routine highway improvements." I mean seriously how are we going to fix our road network for bike/peds economically if it has to be a separate project unrelated to routine highway improvements.?
These antiquated policies are what’s responsible for launching Maryland from #20 into the top ten worst state at #6 for pedestrian fatalities over the last decade but we are spending lots of money on trails and precious little to fix the current roads. If that doesn’t make you feel safer on our roads well then stay the heck off of them I guess.
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Driver Fined $140 for Negligent Driving That Cost Boy His Leg

HAGERSTOWN, Md. (AP) ―
A Fairplay woman has been fined $140 for negligent driving in a collision with a bicyclist that cost an 8-year-old boy his leg.
The (Hagerstown) Herald-Mail reported Thursday Meghann Weaver, 21, paid the fine in December as part of a plea bargain.
Prosecutors dropped charges of reckless driving and speeding.
Deputy State’s Attorney Steve Kessell says there was no evidence that Weaver had used drugs or alcohol, which ruled out reckless driving in the Aug. 27 crash.
Victim David Greeley’s left leg was amputated at mid-shin. He also suffered a skull fracture, a broken jaw, a broken left arm and a fractured right leg
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CWL 2009 #12 Comparative

From The WashCycle:

Yesterday I wrote about how the criminal law system treats a road user who injures or kills another road user. But the civil law system is also in need of reform. In the Leymeister crash, the driver was found to be guilty of negligent driving and fined $313, but at least the family can sue her, right? Well they can, but it will be very difficult to win. Maryland is one of five states that use Contributory Negligence to establish damage awards. Contributory Negligence is

based on a policy originally established in England that stated a person who negligently causes harm to another cannot be held liable if that injured individual contributed to his own suffering and injury, even if it was only a very slight factor. For example, if Dave and Debbie were in an accident where Jane was injured, and Jane was only 5% at fault, she would recover nothing.

In fact, the standard is that if Jane was even 1% at fault she would recover nothing. With the numerous statements by the police that Leymeister’s lane position was a "major contributor" to the accident, it will be easy to convince a jury that Leymeister "contributed" to his death.

This method of calculating damages is still followed in states with a pure contributory negligence system. In light of the potentially harsh result, most states have moved from the strict nature of a pure contributory negligence system to some form of a comparative negligence system.

There are only 5 states that use pure contributory negligence and Maryland, DC and Virginia are three of them (Alabama and North Carolina are the other two). The UK, who gave us this law, has moved away from it as well.

In a DC case, an injured cyclist was unable to get any compensation after they were hit by a truck driver making an illegal right turn. The cyclist was found to have contributory negligence for not anticipating that a truck would illegally turn into him. (Here’s another Maryland case).
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Free Downtown Shuttle Service Starts Monday

By John Patti -WBAL

Baltimore City is introducing the Charm City Circulator. It’s a fleet of 21 free shuttles that will travel three routes in the business district of Baltimore City.

The service will begin January 11th at 11am and target residents, downtown employees, students, tourists and anyone else who wishes to ride.

The service is free to the rider. Barry Robinson, Chief of Transit and Marine Services for the Baltimore City Department of Transportation says the shuttle arrives every 10 minutes at the designated stops on each route.
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REFERENCE GUIDE TO FEDERAL AND MARYLAND. STATE BICYCLE AND PEDESTRIAN LAWS AND. POLICIES

An MDOT document:
As interest in bicycling and walking increases in Maryland so has the need to understand laws and policies that provide the foundation for developing a well integrated non-motorized transportation network.
Federal transportation policy calls for mainstreaming non-motorized transportation. Specifically the policy promotes increasing non-motorized transportation to include at least a 15% of all trips and to simultaneously reduce the number of transportation systems and facilities .
?????SAY WHAT?????
Shouldn’t that be reducing fatalities? (Read more for the FHWA rendering.)
Continuing…
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CWL 2009 #11 Negligence

There have been a few crashes lately which have resulted in the death of a cyclist or pedestrian and a slap on the wrist (at best) for the driver who killed them.


There are too many cases where drivers are killing people while driving in a negligent manner. In DC it’s a serious crime, in Maryland it is a traffic violation and in Virginia it’s just an accident. Both Maryland and Virginia need to start treating it like a crime so as to make all road users safer.

image
Photo by Velo_City
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Editorial: The bicycle insurance gap and what we can do about it


Okay, ORS 742.502 requires an insurance company offering liability coverage to also provide uninsured/underinsured (UIM) motorist coverage as part of the package, so at least I had something to fall back on. And just to be completely clear about this: if you own a car and you have a liability policy and it has the required UIM endorsement, you are covered even if you get hit while you are on your bike or on foot.
But you gotta have the liability policy, which means you gotta have a car. Nobody is offering UIM coverage as a freestanding product to people that don’t drive. So when I got rid of the car about a year ago, I had to figure out what, if anything, I was going to do to insure against the risk that someone driving a car might hit and/or injure me.

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