Month: July 2011

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Despite report, it’s hard to find fat on area bike paths

By Edward Fitzpatrick
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Meanwhile, let’s hear what the bike enthusiasts have to say for themselves. Eric Weis, trail program coordinator for the East Coast Greenway Alliance, a group spearheading development of a 2,900-mile trail connecting cities from Maine to Florida for cyclists and walkers, said, “I would love to be pandered to. Who do I talk to about that?”
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On a serious note, Tomasso, a fitness instructor, divided the report’s $4.8-million figure by the state’s 1-million population to derive a per-person cost of $4.80. “Because anyone can run, walk or ride on the extensive greenway system in Rhode Island, it’s the best deal in town,” she wrote. “Where else could one receive a lifetime membership to a fitness facility … for $4.80? In addition, that fee provides unlimited access to family entertainment, local flora and fauna, and tours of Rhode Island’s auspicious place in American history.”
Come to think of it, she has a point. See you on the bike path.
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Monkton boy flown to shock trauma after accident

BY KIRSTEN DIZE

A 12-year-old Monkton boy was flown to a Baltimore trauma center Tuesday after he was hit by a car while riding a bicycle.

Around 3:55 p.m. William Thomas Moore, 36, of the 4100 block of Old York Road, was driving south on Old York Road, according to the accident report from the Harford County Sheriff’s Office.

While Moore was driving in the 4000 block of Old York Road, Kyle Edward Hammerstein, 12, who lives in that block, darted on his bike from a field out into the road, according to the report.
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Baltimore City – Passing on the right is illegal even when passing a left turning car

I don’t know whether to laugh or cry on this, as this case has nothing to do with bikes but just automobiles. The crazy bit is the cars involved had their own lane, can you imagine giving tickets to everyone that passed on the right a car turning left?

The crux of the argument rests on the statutes phrase "only if it is safe to do so." Which seems to be interpreted if there was a crash afterwards then it wasn’t safe then was it? This thinking seems to come into play with Baltimore City bike crashes as well, which is why I am sharing this. This bit from the brief seems like something I would have written:

"Under the Court’s interpretation, the question of “safe” is determined with the benefit of hindsight. If the statute is applied in this sense, it would also be in violation of the statute to enter the intersection when a piano was falling from the sky, or when a sink hole was about to emerge in the roadway, or any other number of causes not within the control of the Appellant that would render it “unsafe.” But the common law and statutes that govern a driver’s duties and obligations on the roadway are not premised on the outcomes. Rather, they are viewed from the lens of what a reasonable ordinary prudent driver would do under like circumstances."

Thanks Miller and Zois for sharing your brief.
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Cyclists riding through six bay watershed states

By Jessica Anderson, The Baltimore Sun
A pair of Chesapeake Bay Foundation employees left Annapolis Saturday morning on a 1,300-mile journey through the six states in the bay’s watershed — by bicycle.
John Rodenhausen and Beth McGee will attempt to ride through the 64,000-square-mile watershed, which stretches to Cooperstown, N.Y., and as far west as the Shenandoah Valley, to raise money for the Bay Foundation. They will spend their first night in southern Pennsylvania, pedal to New York and circle back through western Pennsylvania, then to Virginia and return via the Eastern Shore over the next three weeks.
They say their mission is to illustrate the vast area that makes up the watershed and how it can affect the bay’s health.
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The pair hope the bike tour will raise $10,000 for the Bay Foundation and $5,000 each for causes close to them. McGee is raising money for the American Diabetes Association after her sister was diagnosed with Type I Diabetes. Rodenhausen’s 6-year-old nephew was treated for leukemia at the Johns Hopkins pediatric oncology department.
"A year ago, they weren’t sure he was going to see his sixth birthday," Rodenhausen said. "It was such a tough time for our whole family."
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The two set aside three weeks of vacation time for the trip and began training months ago by riding 150 miles a week. During the trip, they will average 60 to 90 miles a day. They will navigate using a GPS unit mounted to Rodenhausen’s handlebars, but they have maps in a folder, nestled in with other supplies, just in case.
They’re carrying about 40 pounds of gear each, which includes some food, but they plan to make stops along the way for water, even if it comes from a garden hose.
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To follow their progress, and for information about making a donation, go to chesapeakewatershedrideblog.tumblr.com/
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Comparative Negligence redux

Just found some more links on the topic (mostly from 2007):

Peter Angelos Opposes Comparative Negligence
(with comparative negligence we could potentially lose joint and several liability… apparently a significant issue in asbestos cases.)
https://www.marylandinjurylawyerblog.com/2007/03/peter_angelos_opposes_comparat.html

Will Maryland Drop Contributory Negligence
"It would be a blessing for injury victims in Maryland if Maryland dropped [Contributory Negligence.]"
https://www.marylandinjurylawyerblog.com/2007/02/will_maryland_drop_contributor.html

What’s fair in fault-finding?
‘‘Basically this legislation [removing Contributory Negligence] is going to mean more lawsuits for employers and more damages paid to people who contribute to their own injuries. And we think that’s a bad idea,” said Ronald W. Wineholt, vice president of the Maryland Chamber of Commerce.

The Maryland Association of Counties agrees: It’s a balance of whether local governments should spend more money on lawyers or on services.
‘‘From that perspective, citizens would rather the funds go to their needs. … And when someone’s hurt and they can’t recover against somebody, it’s the government that comes in and takes care of the unfortunate,” said David Bliden, executive director of the counties association.

Ellen Valentino, state director of the National Federation of Independent Business, said Maryland prides itself on contributory negligence as a pro-business policy.
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Insurance groups oppose the change, too.

David F. Snyder, vice president and assistant general counsel of American Insurance Association, said Marylanders pay the 12th highest automobile insurance premiums in the nation.

‘‘We just don’t believe there’s a margin of error in Maryland … it would just get worse if you remove what we call a safety valve in the Maryland system,” he said.
[B’ Spokes: I’ll note on this point that Allstate ranked Baltimore and DC the worst cities for frequent auto accidents. And I’ll assert low traffic fines, low priority of enforcing traffic law AND the existence of Comparative Negligence all contribute to the making of a high insurance rate. If there was heck to pay for those who are at fault in a crash I would bet there would be fewer crashes but instead we got high insurance rates PLUS the 4th highest pedestrian fatality rate. Whatever Maryland is doing, it is doing it WRONG, that fact cannot be denied.]
https://ww2.gazette.net/stories/020207/businew202522_32339.shtml

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Arundel police seek driver who struck bicyclist, fled

[B’ Spokes: Dang another car to be on the lookout for.]
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Driver in a ‘small gray car,’ investigators say
By The Baltimore Sun

Anne Arundel County police are seeking information about a hit and run driver who struck a male bicyclist about 7:47 p.m. Tuesday near Sandy Point Park on East College Parkway and then left the accident.

Police have identified the bicyclist as Steven Seigel, 59, of the 500 block of Fawn Walk in Annapolis. They say he was taken to the Maryland Shock Trauma Center for treatment of his injuries. He is still hospitalized in critical condition, Shock Trauma spokeswoman Cindy Rivers said Friday.

According to police, the bicyclist was pedaling westbound on East College Parkway near Bay Head Road when he was struck from behind by a "small gray car" and thrown to the side of the road. Police say the driver continued west on East College Parkway.

Investigators ask anyone who witnessed this collision or may have information about it to call the Eastern District Police Station at 410-222-6145, Anne Arundel Police Communications at 410-222-8610 or the Metro Crime Stoppers Hotline at 1-866-7LOCKUP.
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Girl, 14, killed in northern Harford

By AEGIS STAFF REPORT

A 14-year-old Pylesville girl died Thursday after she was hit by a car while crossing Route 136 in northern Harford County, Maryland State Police said.

The victim, Heather Greer, was struck in the 2200 block of Harkins Road (Route 136) shortly before 4 p.m. Thursday. Initial Harford County radio dispatches said the victim was in some kind of "arrest" and, a short time later, a chaplain was requested.

Maryland State Police troopers responded to the scene and, according to a news release from the Bel Air Barrack, ordered a Medevac to the scene to fly Ms. Greer to the Maryland Shock Trauma Center in Baltimore.

She died at the hospital "as a result of injuries sustained during impact," according to the news release.

State police in the news release say Ms. Greer "attempted to cross the road," when she was struck by a 2009 Toyota Highlander driven by James Landerkin, 34, of Pylesville, who was driving south on Route 136, just prior to the diagonal intersection with Amos Mill and West Heaps roads, when the accident occurred.

The area, a few miles south of the Maryland and Pennsylvania border, is rural and dotted by farms and single homes on large lots.

Route 136 was closed for about two hours while troopers investigated the accident, state police said.

A Facebook page, "RIP Heather Greer Best 2nd Baseman Ever," has been started in Ms. Greer’s memory. The page had 51 members as of 9:30 a.m. Friday.

Ms. Greer’s death is the 15th on Harford County highways this year and the fifth during July. She was the second young person to be struck by a car in northern Harford this week.

A 12-year-old boy was injured when he was hit while riding a bicycle across Old York in the Monkton area Tuesday afternoon, according to state police.

For updates, check back with https://www.exploreharford.com
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Delaware’s passing law vs ours

Delaware’s 3′ law reads as follows:

“The driver of a motor vehicle, when approaching a bicyclist traveling in the same direction, shall ensure the safety and protection of the bicyclist by:

a. Proceeding with caution and yielding the right-of-way by making a lane change into a lane not adjacent to that of the bicyclist, if possible, with due regard to safety and traffic conditions, if on a roadway having at least 4 lanes with not less than 2 lanes proceeding in the same direction as the approaching vehicle; or,

b. Proceeding with caution and reducing the speed of the vehicle to a safe speed and leaving a reasonable and prudent distance by providing a minimum of three feet of clearance while passing such bicyclist, if changing lanes would be impossible or unsafe.”

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Maryland’s 3′ passing law:

(a) Drivers to exercise due care. — Notwithstanding any other provision of this title, the driver of a vehicle shall:

(1) Exercise due care to avoid colliding with any bicycle, EPAMD, or motor scooter being ridden by a person; and

(2) When overtaking a bicycle, an EPAMD, or a motor scooter, pass safely at a distance of not less than 3 feet, unless, at the time:

(i) The bicycle, EPAMD, or motor scooter rider fails to operate the vehicle in conformance with § 21-1205(a) of this subtitle ("Riding to right side of roadway") or § 21-1205.1(b) of this subtitle ("Roadway with bike lane or shoulder paved to smooth surface");

(ii) A passing clearance of less than 3 feet is caused solely by the bicycle, EPAMD, or motor scooter rider failing to maintain a steady course; or

(iii) The highway on which the vehicle is being driven is not wide enough to lawfully pass the bicycle, EPAMD, or motor scooter at a distance of at least 3 feet.

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[B’ Spokes: Ya, I like Delaware’s better.]
Continue reading “Delaware’s passing law vs ours”