Victory! Maryland Enacts Stricter Penalties for Reckless Drivers

by Jess Leber

With a huge win last night, the state of Maryland took one leap closer to preventing many senseless bicycle deaths.

During the waning hours of the last day of the legislative session, the Maryland General Assembly approved House Bill 363, which provides a new jail term option for “grossly negligent” drivers who cause fatalities on the road. Previously, even reckless drivers’ who should’ve known better were getting off with a traffic ticket for causing someone’s death (seriously, a traffic ticket).  The new jail penalty available to prosecutors won’t only serve in the name of justice–public education about these  serious consequences will also deter reckless behavior and prevent deaths, in a way similar to strong drunk driving laws.

Victims families and cycling advocates, such as Bike Maryland and the Washington Area Bicycle Association, have been lobbying for passage of this vehicular manslaughter bill for seven years. The American Automobile Association also threw its weight behind passage. But each year prior, the bill remained stuck in one single committee without going anywhere. Today, after some stayed up in last-minute lobbying late yesterday following versions of the bill that ricocheted from the Senate and then back to the House until 10PM last night, all of these hard-working advocates are celebrating. (Read TheWashCycle post here for more details). All that is left is for Governor O’Malley to sign the bill into law, as he is widely expected to do.

That includes long-time Change.org member Kenniss Henry, who is behind the petition in support of the bill that attracted more than 5,000 signatures in the last few months (These signatures were directly emailed Maryland’s elected officials, and were also included in Senate testimony submitted for the bill two weeks ago). Ms. Henry became a significant force in personally lobbying for the bill this year, after she tragically lost her only child, 30-year-old Natasha Pettigrew, in a hit-and-run accident last September. The investigation for that case remains open, but Ms. Henry was appalled when she learned about Maryland’s lax penalties for drivers’ on this issue.

Ms. Henry is so incredibly thrilled that this bill passed, and she seems to have caught the lobbying bug. She noted on the phone to me this morning how much there is still to do to make the roads better for cyclists and educate everyone on how to share the road, and she intends to keep working on these issues. In the meantime, she sadly awaits the results into the investigation of her daughter’s death. At least she is not waiting idly.

Here is a really sweet note Ms. Henry wrote about the victory:

“No words, big or small, can adequately express my gratitude.  Last September when I said that I would be going to Annapolis I was naive and idealistic.  I had no idea the amount of dedication, commitment and hard work that would be required but I always said I would run the race to finish line.  The passing of the Vehicular Manslaughter Bill is a major milestone, a phenomenal accomplishment and speaks to the heart of true teamwork.

No one person could ever have done this; all of the petition support, all of the long-term advocates, family and friends who became as much a part of the fight deserve the credit.  When I first became a member of Change.org I did so because of some wrong that needed to be corrected but I never dreamed that Natasha’s death would spark a movement that currently has over 5100 signatures.  Certainly, I was happy to get 100 signatures but thanks to the staff at Change.org this movement grew and definitely brought our cause added exposure.

I have learned so much about the process to get a bill signed into law but more importantly, I have learned just how much more needs to be done to assure that we respect all of our shared resources, especially our roads.  Thanks for all of your support to make this more than just a dream.

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Manner and Fault in Bicyclist Traffic Fatalities: Arizona 2009

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Abstract
Traffic records for all bicyclist fatalities occurring in Arizona during the year 2009 were categorized and listed according to manner of collision and assignment of fault. Primary results are that 11 of 25 fatalities (44%) were determined to be the fault of the cyclist; while 14 of 25 (56%) were the fault of a motor vehicle driver. The most common manner of collision is when a driver strikes a cyclist from behind.
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Driver, 83, ticketed in collision with bicycle

by Michael Dresser

The 83-year-old driver of a car that struck and gravely injured a 20-year-old Johns Hopkins student who was bicycling near the university has been ticketed for two alleged traffic violations, the Baltimore State’s Attorney and Police Department said Tuesday.

The decision to charge Jeanette Marie Walke in the crash with Nathan Krasnopoler on Feb. 26 comes despite an initial announcement by police that charges were not expected. That statement brought a flurry of criticism from advocates for Maryland bicyclists, who have long contended that city police are too quick to excuse drivers involved in crashes with bikes.

Walke received two traffic citations — for negligent driving and failure to yield the right-of-way to a bicyclist in a designated bike lane. However, State’ Attorney Gregg Bernstein said an investigation found no evidence of gross negligence, which would be required to justify a felony prosecution for vehicular manslaughter if the victim were to die.

The crash left Krasnopoler in a coma as a result of catastrophic brain injuries. Last week his family said doctors had told them he is not expected to make a meaningful recovery or regain cognitive function.

The state’s attorney’s office said the charges each carry a potential penalty of $500 and three points on the driver’s license. However, in traffic ticket cases, the driver can resolve the charges by paying a lesser fine without appearing in court.

In a news release, the state’s attorney’s office and the police stressed that they rake cases involving motorists and bicyclists seriously. "We will prosecute drivers who harm cyclists to the fullest extent of the law," he said.
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[B’ Spokes: Thanks again to all who responded to our alerts and changed "no charges are likely" to "We will prosecute drivers who harm cyclists to the fullest extent of the law" … That’s good press. Also, thanks go out to the Mayor’s Bicycle Advisory Committee for their assistance in this as well.]
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How Smartphones Can Improve Public Transit

From Wired’s Autopia:

An interesting study of commuters in Boston and San Francisco found people are more willing to ride the bus or train when they have tools to manage their commutes effectively. The study asked 18 people to surrender their cars for one week. The participants found that any autonomy lost by handing over their keys could be regained through apps providing real-time information about transit schedules, delays and shops and services along the routes.

Though the sample size is small, the researchers dug deep into participants’ reactions. The results could have a dramatic effect on public transportation planning, and certainly will catch the attention of planners and programmers alike. By encouraging the development of apps that make commuting easier, transit agencies can drastically, and at little cost, improve the ridership experience and make riding mass transit more attractive.
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The way to promote bicycling is to make it mundane

by Bagehot

I want van drivers to stop trying to kill me as much as the next rider, but I don’t think confronting them into good behaviour is likely to work. I want bicycling to become boringly normal and un-rebellious, so that you don’t need Lycra and an attitude to take it up, and the roads become so infested with us that car drivers simply have to adapt to us and town halls realise that providing better cycle lanes might be a vote winner. I have ridden in countries such as Denmark and the Netherlands where cycling is a joy, and the secret is that grannies and men in suits are a part of the throng, and that glassy-eyed mother on the school run has her brood of children strapped into a bicycle built like a wheelbarrow, not a car built like a tank.
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"Bike assaults car" continued

Our previous coverage via Washcycle https://www.baltimorespokes.org/article.php?story=20110406163738881
The driver’s response: https://lefthandview.wordpress.com/2011/04/08/04-08-11-bikes-cars-lessons-learned/ (also found via Washcycle)
Highlights:
04.08.11 Bikes & Cars: Lessons Learned

• Cyclists have every right to be paranoid and hostile: any interaction between a car and a bike is inherently more dangerous for the cyclist than for the driver. Not only that, but they face the indifference and outright hostility of drivers all the time. Who could blame them for seeing cars (and drivers) as enemies?
• After I came close to the cyclist at the first intersection last week, he moved purposely leftward, so that – even as I was touching the while line to my left – he was coming closer and closer to me. I interpreted his move as purposely aggressive. Cyclists have since pointed out to me that what he was probably trying to do was to “take the lane”: cyclists moving toward the center of the lane are trying to force cars to stay behind them as they approach an intersection, rather than come up alongside. They do this because it puts them in a safer position. I never heard of this idea before, but – whether it is the law or not (which isn’t clear to me) – I intend to respect it from now on.
• Cyclists assume that all drivers know that the law requires cars to stay three feet away and that everyone knows the take-the-lane principle. They view any driver who does not abide by these guidelines as purposely and provocatively breaking the law, i.e., the interaction and their reaction to is not only about safety for them (legitimate as that is), but also about hostile fire in an ongoing war.
• Many cyclists seem unwilling to consider the possibility of flaw among their own, just as they seem unwilling to accept any driver as a potential ally.

• His “taking the lane” may have been a reasonable attempt to communicate with me, but it backfired, because I didn’t speak that language. (This was not something covered in drivers ed 35 years ago!)

Just the same, I think reasonable cyclists and reasonable drivers could come together to find ways to reduce inbred hostility and to recognize that at least some of the warfare going on is due to misunderstanding and ignorance, as opposed to ill will.

Existence Day Celebratory Costumed Bicycle Caravan

Saturday, April 16

at 12:00pm

to 3:00pm


Patterson Park
27 S Patterson Park Ave

Photo of Existence Day Celebratory Costumed Bicycle CaravanTour Baltimore by bike and spread some cheer.

Join us for a costumed bicycle caravan and day at the park. After the expertly planned bike ride around Baltimore (see map), we’ll be spending the remainder of the day at the park: throwing frisbees, kite flying, hula-hooping and sack races… maybe even a little music too. Come dressed as in whatever theme you like, or just as you are.

Meet at the Pagoda at noon, ride at 12:30 or so.

Google Map Link:

maps.google.com/maps?f=q&source=…amp;spn=0.014598%2C0.033023&z=16

Expertly Planned Bike Map Route Link:

www.bikely.com/maps/bike-path/Existe…elebratory-Costumned-Bicycle-Caravan

Our sweet, sweet website: existenceday.org/

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BIKE LANE SHORTAGE

A British national survey by cycle insurance provider, Cycleguard, finds that 83 percent of cyclists have bike lanes for less than half of their daily commute and 53 percent of cyclists only have bike lanes for one-quarter of their daily commute. Cycleguard has since called for the creation of more bike lanes in Britain.
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