This is a confession and, well, something else. Years ago I was driving my big old van through the streets of Pigtown on a terribly windy day. Trash was everywhere, including the streets. Tired of dodging all the trash bags, I drove over one. As I did, I had the unmistakable impression of having run over flesh. I can’t say how it felt different from a rear wheel running over anything else, but I know my gut reacted and a tremor passed through me. The next moments are hazy — pulling over, seeing the dog lying motionless but for short gasps, calling 911. People gathered, asking questions, and I answered without looking at their faces. A dog-owner myself, I knew the heartbreak of what I had done. Rather cowardly, I agreed with the animal control agent to put the dog down. No one could locate the owners. My apologies went to the dying dog and the people gathered round. I don’t think I’ve ever described this incident to anyone before. Now I can’t stop thinking about it.
This week the Yates family settled out of court with a truck driver who ran over Jack Yates and his bicycle last year, killing him ("Family of cyclist killed in crash settles with truck driver, employer," Dec. 1). The truck drove off after the accident and was later found by police. Several months ago, Natasha Pettigrew, the Green Party candidate for Maryland’s U.S. Senate seat was hit by an SUV while on her bicycle. The woman who hit her drove home, with the bicycle lodged under the car. In both cases, the authorities evidently felt that the drivers would not have known they ran over a human being, much less a human being and a large piece of metal. Neither person was charged with a hit-and-run or with failure to render aid.
Life today is not quite as simple as in the days when the parable of the Good Samaritan was first told. But today’s societal constructs do not require us to relinquish our capacity to care. Everyone can make a mistake — I am personally aware of that — nevertheless, we can still hold fast to our humanity amid the fears of legal proceedings and rising insurance rates and what-will-the-neighbors-think. And for the authorities? Shameful as it is that rendering aid must be legislated, it is made more so when authorities aren’t conscientious about holding people accountable to it. Drivers are getting more aggressive and impatient, and turning a blind eye to hit-and-runs cannot but embolden them.
This is a cautionary letter for all drivers and the authorities who guide them: We are entering a month of busy lives packed with work, shopping, parties and visits, all crammed in and tied together by the roadways. A cyclist recently told me she didn’t want to ride alone, not because she was afraid of being hit — she was afraid of being the victim of a hit-and-run, of being left to suffer alone on the roadside. And that shouldn’t happen to a dog.
Penny Troutner, Baltimore
The writer is the owner of Light Street Cycles.
Continue reading “A cyclist dies, and a motorist drives on”
Bicycle Crashes FAQ
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.
David Herlihy Book Signing Thursday, Dec 9th 7-9pm
We have a special guest for our Thursday, December 9th 7-9pm pot-luck. David Herlihy author of “Bicycle:The History” and his new book “The Lost Cyclist” will be here at Proteus to talk about his book and sign copies. The book has received awesome reviews and makes for a great holiday read. Come join us. Food and beverages provided.
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Book Signing Thursday December 9th 7-9pm
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See What the Smithsonian says David Herlihy: I do think there’s something admirable, youthful-some would say “American”-about the spirit of Lenz’s and Sachtleben’s adventures. Their stories resonate with our notions of plucky Americans and their can-do attitudes. Despite the personal tragedies here, there is something uplifting about their willingness to see the world and their fundamental optimism. They really did have to have basic faith in humanity to think that they would return home alive. I’m hoping that readers take away a fair impression of these two young men. I didn’t try to conceal their rough edges, their recklessness, their lack of cultural sensitivity, or exaggerate what they actually accomplished. Still, on a physical level, their bicycle journeys were indisputably amazing feats. And these two truly were pioneers, in that they helped to introduce the bicycle as we know it to the general public. Their stories should be told. |
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I hope to see you. You’ll really enjoy meeting David Herlihy.
What the rules for bicyclists looks like to the Baltimore Police
If Baltimore City Police are correct in that motorcycle rules also applies to bicyclists then this is what our rules would look like (just to list some):
Bicyclists are entitled to full use of lane.-
Bicyclists shall ride as near to the right side of the roadway as practicable and safe, except when:
Operating in a lane that is too narrow for a bicycle and another vehicle to travel safely side by side within the lane.
Every bicycle is entitled to the full use of a lane, and a motor vehicle may not be driven in any manner that deprives any bicycle of the full use of a lane.
When overtaking a bicycle, pass safely at a distance of not less than 3 feet
An individual may not ride a bicycle unless the individual is wearing protective headgear.
An individual under the age of 16 years may not ride a bicycle unless the individual is wearing a helmet
A person may not operate a bicycle unless he is wearing an eye-protective device.
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I hope I am not the only one that sees the lack of consistency when the motorcycle and bicycle rules are listed as one set of rules. Do we have to share a lane with cars or is that prohibited? Do cars have to pass in the next lane or is 3′ enough. Are helmets for adults mandatory or not? With such a mishmash it’s easy to see how cyclists are always at fault as there is some rule they have broken somewhere.
Why did we pass a 3′ law if by motorcycle law cars have to pass in the next lane. Lets get Baltimore Police to start enforcing that before they start applying other motorcycles rules to us.
Contact your City Council rep.
https://cityservices.baltimorecity.gov/citycouncil/
More detail at: https://www.baltimorespokes.org/article.php?story=20101202133743715
Continue reading “What the rules for bicyclists looks like to the Baltimore Police”
Maximum Braking (IPMBA) [Video]
Finally I found some good instructions on how to do and emergency stop or a quick stop.
Volt, Schmolt; Get a Bike Instead
"If the LEAF is charged from a coal plant, it might not be much better than a gasoline car"
https://www.treehugger.com/files/2010/12/volt-schmolt-get-a-bike.php?campaign=TH_rotator
My letter to the city about the Yates crash investigation by police
In case you do not know who I am, my recent activities include working with the Maryland Highway Safety Office to ensure guidance to both bicyclists and motorists are in agreement and accurate per the law. I am very concerned about traffic safety as well as knowledgeable on what the law says and does not say.
With that said I am horrified by what the police charged bicyclists Jack Yates with in his tragic traffic fatality… motorcycle violations. Yes that’s right the police erroneously put bicycle rules and motorcycles rules into a blender and pulled out whatever they could to to make it seem that the bicyclists was at fault. Needless to say I am outraged. And the story does not stop there, accusations of "one of the sloppiest police investigations in a fatality that I personally have seen in years" exist, missing facts from the police report, inflammatory remarks made by the police just after this tragic death "There is no "right to the road" as a cyclist."
Improper law enforcement should not be tolerated especially when imposed on an outstanding member of the community. If the argument below is not convincing to Lt. Leslie Bank and other Baltimore City Police officers involved in this "investigation" have them contact Peter Moe of the Maryland Highway Safety Office.
Thank you for your attention on this matter.
Continue reading “My letter to the city about the Yates crash investigation by police”
Yates – discussion of the “facts” and why the police got it wrong
The Baltimore City police concluded as follows in the accident reconstruction report:
“the bicycle rider was riding in a lane occupied by parked cars, and in turn was improperly passing the Mack truck. Under Maryland Transportation Article 21-1202 all traffic laws apply to bicycles and motor scooters. Based upon these conclusions the rider of the bicycle was in violation of Maryland Transportation Article:
(1) 21-1205(a)(3) each person operating a bicycle at a speed less than the speed of traffic shall ride as near to the right side of the road as practicable and safe, except when passing a stopped or slower moving vehicle.
(2) 21-1205(c) each person operating a bicycle on a roadway shall exercise due care when passing a vehicle.
(3) 21-1303(c) the operator of a motorcycle may not overtake and pass in the same lane occupied by the vehicle being overtaken.
(4) 21-1303(d) a person may not operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.”
Hopefully with my clever use of emphasis you’ve noticed the police charged a bicycle rider for violating rules specifically for the operation of motorcycles. Really?
Per the statement by the police “You have the same rights as a motor vehicle and also the same obligations.” This is exactly the same flawed logic that MVA used to imply that cyclists can impede traffic rather then note how bicycle rules when going slower then the speed limit are very similar to slow moving vehicle rules. So for benefit of the reader I will quote what the law actually says:
§ 21-1202. Traffic laws apply to bicycles and motor scooters.
Every person operating a bicycle or a motor scooter in a public bicycle area has all the rights granted to and is subject to all the duties required of the driver of a vehicle by this title, including the duties set forth in § 21-504 of this title, except:
(1) As otherwise provided in this subtitle; and
(2) For those provisions of this title that by their very nature cannot apply.
So for impeding traffic we have this rule: § 21-804.(a) A person may not willfully drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic.
And by it’s very nature cannot apply to bicyclists because it only applies to a motor vehicle. (See Can cyclists be charged with impeding traffic)
Now I have some empathy for the MVA because within the discipline they work with § 21-1202 is just summarized by it’s title “Traffic laws apply to bicycles and motor scooters” and impeding traffic is defined in terms that only drivers of motor vehicles need understand. They never even look at what the law actually says, that’s some other department’s job. But with the police citing a bicyclists at fault and while quoting law and they write out “motorcycle”, you would think some bells would go off.
“The investigators within the unit are very educated and experienced in all types of crashes and have attended several schools specific to the physics of a pedestrian crash and a cyclist fatal crash.”
In regards to this statement by the police I call complete BS. Please take some time to learn traffic laws as they pertain to bicyclists or consult with someone knowledgeable.
OK now lets review the bicycling specific “violations” mentioned.
Based upon these conclusions the rider of the bicycle was in violation of Maryland Transportation Article:
(1) 21-1205(a)(3) each person operating a bicycle at a speed less than the speed of traffic shall ride as near to the right side of the road as practicable and safe, except when passing a stopped or slower moving vehicle.
This describes exactly how Yates was riding, so how could he be in violation of this?
(2) 21-1205(c) each person operating a bicycle on a roadway shall exercise due care when passing a vehicle.
This implies cyclists by law are required to be mind readers and yield to drivers that fail to signal. Really?
If you are as outraged about this as I am contact your City Council rep.
https://cityservices.baltimorecity.gov/citycouncil/
The police’s statement to the bicycling community just after the crash is after the fold:
Continue reading “Yates – discussion of the “facts” and why the police got it wrong”
One of the sloppiest police investigations in a fatality that I personally have seen in years
[B’ Spokes: My heart and sympathies go out to the Yates family. I cannot write about this without my eyes swelling with tears. Not only did they have to suffer a beloved member of their family dying in a truly horrifying way, they also had to suffer an anti-cycling bias from the police and face a real possibility that justice would not be served. Hopefully I speak for the entire Baltimore cycling community in gaining this victory and the increased attention we are getting in improving safety and education.
I would also like to thank Steven D Silverman & Associates who contacted me through the Baltimore Bicycling Club and their continued interest in providing guidance to the Police Department. I’ll write another article about some of the facts in this case but note the incomplete police report mentioned here. Do we have a case where the police set about to prove the drivers innocent and only reported facts relevant to that outcome? Remember the Police’s statement "There is no "right to the road" as a cyclist."? Discussion to be continued…]
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Yates’ $5 million lawsuit alleging negligence was days from trial
By Liz F. Kay, The Baltimore Sun
The family of a Baltimore cyclist killed last year in a collision with a tanker truck on Maryland Avenue has settled a $5 million lawsuit against the driver and his employer, the family’s attorney said.
John R. "Jack" Yates, 67, was riding behind the truck Aug. 4, 2009, when the vehicle made a right turn onto Lafayette Avenue in the Charles North neighborhood and Yates got caught in its rear wheels, according to city police.
The Yates family settled last week with the tanker’s driver and his employer, Potts & Callahan Inc., days before the lawsuit was set to go to trial on Monday, said the Yates’ attorney, Steven D. Silverman.
The terms of the settlement are confidential, according to Silverman and Craig D. Roswell, who represented the driver, Michael Dale Chandler of Severn, and Potts & Callahan.
"This was a settlement that was ultimately satisfactory to all parties in a difficult case," Roswell said. "It was appropriate given all the facts and circumstances."
Silverman agreed that the Yates family was content with the outcome.
"The Yates family is satisfied under the circumstances with the resolution that the parties were able to come to," the attorney said. "They were not so much interested in taking this case to trial, particularly in light of the fact that the death spurred significant legislation in the General Assembly regarding cyclists’ safety and rights."
In October, a law went into effect requiring that drivers maintain a 3-foot buffer when passing a bicycle.
Members of Baltimore’s cycling community erected a "ghost bike" memorial to Yates, which remains on Lafayette Avenue at Maryland Avenue.
The Yates family’s suit alleged negligence by Chandler and Potts & Callahan — a demolition, excavation and equipment rental company — and sought compensatory damages. But investigators found Yates at fault in the crash, and no charges were filed against Chandler, who did not stop at the scene. Police said at the time that they did not believe Chandler was aware of the crash.
According to the accident report, police found a vehicle several days after the crash at Potts & Callahan’s service yard in the 2800 block of Falls Road that matched one seen on surveillance video from a nearby building the day of the incident. DNA samples from hair and blood on the vehicle matched Yates’, police said.
Silverman called the police findings "one of the sloppiest investigations in a fatality that I personally have seen in years."
Had the lawsuit gone to trial, Silverman said, he was prepared to present evidence that was not included in the police report. For example, the surveillance video showed that the driver had not signaled before making his turn, and the intersection was marked with two large, yellow signs indicating that cyclists were in the area.
Stuff to bike to
Via the Urbanite
Thurs, Dec. 2
Light it Up
Kick off the holiday season with the thirty-ninth annual lighting of the Washington Monument in Mount Vernon. There’ll be performances by local choirs, refreshments, and fireworks.
https://www.promotionandarts.com/index.cfm?page=events&id=14
Sun, Dec. 5
Holiday Procession
The thirty-eighth annual Mayor’s Christmas Parade brings marching bands, Charm City Roller Girls, Elvis impersonators, the Lone Ranger and Silver, and more to the streets of Medfield and Hampden. Bundle up!
https://www.mayorschristmasparade.com/