Action Alert: WJZ misrepresented facts to imply cyclist was at fault

We have an update on our previous alert “Accidents Involving Pedestrians Rise In Balt. Co.”

It seems that WJZ totally misrepresented the facts in the recent Baltimore County bike crash. Besides the confusing manner of starting off talking about a bike crash then switching to pedestrains crashes and how pedestrains (not cyclists) are generally at fault and then switching to the bike crash and the so called police report which WJZ summarized as:

The police report shows the truck driver in Tuesday’s crash may not be at fault.

Police say the bicyclist wasn’t wearing a helmet, and they believe he was riding in the middle of the car lane. They also say the driver probably had a blind spot when he came over the hill.

Read the Baltimore County Police response to see why we are upset over the misrepresentation by WJZ and are asking for a correction. Sample letter and who to contact after the fold.


A response from Chief James Johnson [B’ Spokes: note emphasis ours.]

I have reviewed your comments and concerns regarding the recent WJZ report on pedestrian and bicycle accidents being on the rise in Baltimore County. Specifically, I am responding to your concerns that the police reported that the truck driver may not be at fault and that the bicyclist was not wearing a helmet, was riding in the middle of the car lane, and that the truck driver had a blind spot when he came over a hill. I am unaware of any police report on this crash stating that the bicyclist was at fault because of the aforementioned reasons. Given that the WJZ report is dated May 6th, two days after the crash occurred, any information learned or obtained at that point in the investigation would be preliminary observations with no conclusion as to fault. Please understand, how preliminary information is reported by the media or how it is construed by the public is beyond the control of the Police Department.

The police report of public record for this crash indicates, by numeric code, that the bicyclist was not wearing any safety equipment. There is no statement of fault attached to this observation. The report indicates that the bicyclist was traveling north in lane #2 (the center lane) of three northbound lanes (2 northbound lanes and 1 transitional lane for exiting and entering Interstate 695). There is no statement of fault attributed to this finding. The report includes a statement from a witness that heard the truck driver state that the bicyclist must have come up on his blind side. Again, the cyclist was not indicated as being at fault because of this finding. In fact, the police investigative report concludes the truck driver, not the bicyclist, to be at fault for the crash.

As a fellow avid cyclist, having participated in five Cycle Across Maryland (CAM) Tours and numerous Century Rides, I share your concerns about cycling safety and the need for motorists to respect the rights of cyclists. I ensure you of my continuing commitment to traffic safety in Baltimore County for cyclists, as well as pedestrians and motorists. In support of this commitment, Baltimore County Executive James T. Smith and I recently announced an initiative to reduce traffic crashes involving pedestrians and cyclists in Baltimore County. This initiative will include three important components: Education, Enforcement and Engineering. The Police Department plans to contribute significantly to the Education and Enforcement components. I regard with interest the current effort of the Maryland State Police to develop curriculum for police officers on Maryland traffic laws relating to cyclists. I would be receptive of exposing our officers to this training.

Thank you for voicing your concerns.

Sincerely,

James W. Johnson
Chief of Police

Continue reading “Action Alert: WJZ misrepresented facts to imply cyclist was at fault”

Response to the Chief

By Biking, Beer and Toast

Chief Johnson,

Firstly, let me thank you for taking time to respond to my letter. You
have solidified my respect for you and your position. Also, I’m very
glad that as a fellow cyclist you’ve got my sympathies at heart.

I cannot disagree with any of the details you’ve thoughtfully
described in your response. I am glad that BC Police are withholding
blame until this crash is fully investigated. I apologize for basing
my criticisms on preliminary media information.

I can’t help but wonder how this tragic crash plays out in the context
of the recent campaign to help prevent future bike/ped deaths by
educating those most vulnerable- the bicyclists and pedestrians. I do
acknowledge that they may indeed be at fault sometimes, but to focus
on increasing the lawfulness of those most at risk seems like we’re
ignoring the far more critical problem- the drivers’ responsibility.

I don’t know about you, but when the BC Police ask me to ride my
bicycle more lawfully it really doesn’t make me feel more protected
from injury and death.

When you or I or any other well-intentioned driver injures a cyclist
we carry responsibility regardless of fault. “I didn’t see them” or “I
couldn’t stop in time” is not a valid excuse. When I ride on multi-use
paths I carry the responsibility of not injuring pedestrians whether
they are walking lawfully or not. Why? Because I am the more dangerous
vehicle. And, what if they are walking erratically or are partly
obscured by the terrain? I must slow down, give the widest berth
possible and become extra vigilant. It is my responsibility to do so
merely because the pedestrian is more vulnerable. Obvious to me, is
that those operating 4,000 pound vehicles moving at 2-3 times bicycle
speeds have the same responsibilities to bicyclists and pedestrians.
Indeed, they have a greater responsibility because the risk of deadly
injury is so much greater. It’s a common rule of respect- protect the
vulnerable. Why are we not harshly reminding drivers of this at every
possible occasion? There is no surprise here- bicyclists and
pedestrians are on our roads and they are us.

When you and I and the BC Police have done everything in our power to
remind drivers of this, then and only then can we remind
pedestrians how to walk safely.

Safe riding.
Continue reading “Response to the Chief”

CUA Professors are Pumped about Pedaling

  Associate Professor Peter Shoemaker travels 12 miles on bike lanes, bike paths and city streets to commute to CUA from Greenbelt, Md.
  Associate Professor Peter Shoemaker travels 12 miles on bike lanes, bike paths and city streets to commute to CUA from Greenbelt, Md.

Peter Shoemaker begins his 12-mile commute in Greenbelt and passes through other Maryland locations on his way to work at Catholic University. Along the way, it’s not a sea of brake lights that gets his attention. It’s the scenery and wildlife.

One of a growing number of CUA faculty who bike to work, Shoemaker passes Lake Artemesia and travels along the northeast and northwest branch bicycle trails on an old mountain bike during a 50-minute ride into Northeast Washington, D.C.

“There’s some nice scenery along the trails and a good deal of wildlife,” says the director of the University Honors Program and associate professor of French. “I’ve seen fox, bald eagles, blue herons and hawks. Lake Artemesia has wintering waterfowl — ducks and mergansers.”

Shoemaker isn’t alone on the trails and bike lanes. Colleagues from the Department of Modern Languages and Literatures and other CUA departments choose two wheels over four for their work commute as a way to stay physically and mentally fit and save money. Some of them will mark Bike to Work Day on Friday, May 21, just as they do many days — by biking to CUA.


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Elliot pulls a Kornheiser

by washcycle
From the Mid-Atlantic Bicycle Racing Association listserv via Chris about the tacks on the bicycle race course story
"the DC101.1 radio show Elliot in the Morning had a mention of this incident this morning. one of the co-hosts (i think her name is Diane) mentioned that police were still investigating the case and Elliot interjected saying that ‘it made for a really funny video.’ Almost immediately they received a lot of feedback denouncing his comment, after which he spent the next half hour defending himself in a way that just made him look more of a jerk. Even his co-hosts were backing away from him. His defense that none of his listeners would be encouraged to do something similar to other cyclist backfired on him when 3 listeners immediately called in and shared stories of their own "pranks" done to injure or scare cyclists. So far he’s yet to apologize and the negative feedback is apparently building up."
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Ehrlich would scrap Red Line, Purple Line light rail

by Michael Dresser

The Sun’s Julie Bykowicz reports from former Gov. Robert L. Ehrlich Jr.’s small business round table in Montgomery County that the presumptive Republican challenger to Gov. Martin O"Malley would scrap the incumbent’s proposals for light rail lines in Baltimore and the Washington suburbs.

Ehrlich told the group he go back to his plan for high-speed buses on the Purple Line in Montgomery and Prince George’s counties and be "open to ideas" about Baltimore’s Red Line. He said he would prefer to spend the money on the MARC commuter rail system and the Washington Metro — not on these new light rail lines.

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Give bicyclists more room

My husband and I have lived in Mount Airy for seven years, and have continuously been touched by the compassionate nature of this community.
A recent tragedy in our family has prompted me to speak out about a serious problem I have noticed over the past few years. A little over a month ago, my husband’s youngest brother was killed while riding his bicycle on Butler Road in Baltimore County.
He, and his best friend, who was riding directly in front of him on the edge of a country road similar to Buffalo Road, were hit by a motorist who saw them and thought that she moved over enough not to hit them. My brother-in-law died instantly, and his friend was seriously injured. There was not a car coming the other way that prevented the driver from moving all of the way over into the other lane to avoid hitting them.
Here’s how this relates to Mount Airy: numerous times when my husband and I have chosen to walk our dog along Buffalo Road outside of our neighborhood, we have been almost hit/run off the edge of the road by people who refuse to move over to give us some extra room for safety.
I could go into details, but that would be a whole article. This stretch of Buffalo Road, coincidentally, is the same stretch of road that runs along the property that Dr. Full wanted to develop as a recreation center that children from town could walk or ride their bikes to.
On Saturday morning, on the way to the Garden Club’s plant sale, I was behind a bicyclist in a bright yellow jersey. I stayed behind him going down Main Street from Buffalo Road, and saw a minivan pull out of Prospect Road dangerously in front of him.
I followed him through town, heading up the hill getting ready to turn left into the church parking lot. The person driving the car behind me got visibly annoyed at the fact that I was not passing the bicyclist because I guess he was in a hurry to get up the hill.
Sorry, man. I’m not taking any chances with someone else’s life because you are in a hurry to get somewhere.
Everyone needs to be aware that pedestrians and bicyclists have the legal right to use the roads. The "three-foot" rule passed the Maryland legislature, and will be law starting Oct. 1.
Three feet is a minimum from the outer edge of your side mirror. Please start obeying this law immediately. It is really just common sense.
It is too late for my dear brother-in-law, who was 10 days short of his 44th birthday. He left behind a wife, two young daughters, many family, friends, neighbors, business associates, fellow avid cyclists and a wonderful life. Think about that when you encounter a fellow human being walking or riding along the road.
You are protected by tons of steel and air bags. They are vulnerable. By the way, bicycle helmets do not protect you from a crash of that magnitude.
Sherry Bensky, Mount Airy
Continue reading “Give bicyclists more room”

Traffic stop leads to drug arrest

from Stop the Maryland Unsafe Driver by Driver
SALISBURY — A 19-year-old man has been charged with possession of marijuana with intent to distribute after police say they found drugs, scales, baggies and cash in his car during a traffic stop on Tuesday night.
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[B’ Spokes: I’ll note that there are studies that show enforcing traffic laws reduces crime as shown in this story. So why again do Maryland’s resist traffic enforcement? ]
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Questions About Effectiveness of Maryland Vehicular Manslaughter Laws

By BETH PARKER/myfoxdc

ANNAPOLIS, Md. – Earlier this week, a 52-year-old man was struck and killed by a driver on the sidewalk at an Oxon Hill shopping center. Witnesses said the driver was doing donuts in the parking lot before the accident.

Charges for reckless driving were dropped in order to avoid double jeopardy and clear the way for potential future charges of manslaughter.

However, for years, some people have said the Maryland vehicular manslaughter laws are not working.

15-year-old Connor Kohls once said what he liked most about life is simply being alive. On August 11, 2008, that was taken away when Connor was hit and killed by a van. Connor was Ed Kohls’ only son.

“Anyone who’s lost a child knows the feeling of responsibility and loss and pain and constant wondering. Can we change time or find a time machine? None of that will happen for us,” said Kohls.

But he said what might happen is that if the law is tougher, other drivers might be more careful.

Connor was playing near the end of his family’s driveway at their rural Maryland road. The driver admitted to reckless driving and speeding.

“We expected him to go to jail. Like every parent thinks – you kill somebody going double the speed limit – you go to jail. Well, it does not work that way in Maryland. What happens is you get points like you do for running a stop sign,” said Kohls.

The driver got four tickets and paid a fine.

“He just paid his fines and went away,” said Kohl. “It’ll never go away for us. We’re destroyed.”

In each of the last four years, state lawmaker Luiz Simmons has introduced a bill designed to make it easier for Maryland prosecutors to convict drivers of manslaughter.

“Maryland’s standard for prosecution is impossibly high. It’s one of the highest standards in the country,” said Simmons.

Maryland law requires proof of gross negligence – indifference to human life. Many drivers who cause deadly accidents end up with reckless driving charges.

“We need to make these laws stricter so that it’s treated somewhat like a loaded gun. You have to be responsible with a loaded gun. You have to be responsible with a car when you drive it,” said Kohls.

Kohls said it will not help his family. But it might save another Maryland citizen from the pain he carries with him every day.

That bill to change the law did not make it out of committee for a vote. The judiciary committee is chaired by Prince George’s Democrat Joe Vallario. We called and e-mailed him for a comment Friday but no one has called FOX 5 back.
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Dogs are not always a cyclist’s best friend

by Nathan Carrick | Gazette
Until last week, Alison Horton never had been chased by a dog while riding her bicycle.
"I was at the dead-end part of Emory Grove Road," she said. "It was a little, white poodley-type dog."
The chase was quick and somewhat less than terrifying, she said. But it still was a surprise.
"I was down the hill and it was over," she said.
Horton, a California native, rides every Tuesday from her home in Gaithersburg to Washington, D.C., where she volunteers with the Washington Area Bicyclist Association.
This week she will have lots of company as WABA and the Metropolitan Washington Council of Governments put on Bike to Work Week, which culminates with Bike to Work Day on Friday.
The national event is meant to bring awareness to bicycling as an alternative mode of transpiration.
Coincidentally, this also is Dog Bite Prevention Week, intended to raise awareness of how to prevent altercations between man and his best friend.
"Dogs instinctively chase moving objects," said Jim Huband, co-owner of Bark Busters Home Training in Montgomery Village. "The best thing to do is to stand completely still."
More than 4.5 million people are bitten by dogs in the United States each year, and one in five bites is serious enough to require medical attention, according to the Centers for Disease Control and Prevention.
"I think we do see more chasing than actual biting," Glen Harrison, WABA’s bicycle education program director, said in an e-mail. "First of all, running dogs and bicycles are dangerous — for the cyclist, because the dog will often dodge in front of the cyclist which will cause a serious crash. If the dog is simply running around, the cyclist should slow down and either stop or be prepared to stop immediately."
That’s not always possible.
Harrison recommends pointing and telling the dog to "go home," squirting it with a water bottle, or even trying to outrun the dog if there is adequate space.
Liz Ehrstein, Huband’s wife, agreed that spraying the dog with water might work, but stopping and putting the bike between you and the dog might be better.
Also, cyclists are urged to stay calm.
"A dog chasing a cyclist doesn’t necessarily have aggressive intentions," she said. Dogs do not have the best eyesight and sometimes chase out of curiosity.
"I feel like it usually happens in rural areas," said Henry Mesias, bicycle education coordinator for WABA. "It’s one of the hazards of cycling."
But it should not keep anyone off their bike, he said, and in the past it certainly has not.
Started in the early 1970s by WABA, Bike to Work Day has become a national event.
In 2009, more than 1,700 cyclists in Montgomery County checked in at designated pit stops along major commuter routes for breakfast, T-shirts and camaraderie, Mesias said. More cyclists probably rode and never stopped to be counted, he added.
More than 8,000 cyclists were counted in the Washington metro area, and that number is expected to increase by 500 this year.
WABA does not keep statistics on cyclists chased or bitten by dogs.
Dog chases or not, Horton said, the D.C. area is not the most accommodating for cyclists. Challenges include a lack of bike lanes, poor trail connectivity and drivers who do not consider the safety of cyclists.
Bike to Work Week is meant to improve such conditions, Harrison said.
Horton, who rides in all weather, including hail, is not deterred.
"I should be able to ride to Trader Joe’s, which is a mile away, without getting killed," she said.
Continue reading “Dogs are not always a cyclist’s best friend”