Comparative Negligence Is Not Coming to Maryland Today

by Ronald V. Miller, Jr.

The Maryland Court of Appeals ruled today that Maryland is not going to make the leap to comparative negligence, choosing instead to defer to the legislature. The court has the power to change the law, it wants you to know. But it chooses not to.

I think contributory negligence is inane which is why some few states have kept it. Should the court defer to the legislature to make the call? I really don’t know.

At some point, I’ll write about this case because that’s what you pay me for here. But I have already told you everything you need to know.

In the meantime, read the beginning of Judge Harrell’s very Harrellarian dissent.

Paleontologists and geologists inform us that Earth’s Cretaceous period (including in what is present day Maryland) ended approximately 65 million years ago with an asteroid striking Earth (the Cretaceous-Paleogene Extinction Event), wiping-out, in a relatively short period of geologic time, most plant and animal species, including dinosaurs. As to the last premise, they are wrong. A dinosaur roams yet the landscape of Maryland (and Virginia, Alabama, North Carolina and the District of Columbia), feeding on the claims of persons injured by the negligence of another, but who contributed proximately in some way to the occasion of his or her injuries, however slight their culpability. The name of that dinosaur is the doctrine of contributory negligence. With the force of a modern asteroid strike, this Court should render, in the present case, this dinosaur extinct. It chooses not to do so. Accordingly, I dissent.

My dissent does not take the form of a tit-for-tat trading of thrusts and parries with the Majority opinion. Rather, I write for a future majority of this Court, which, I have no doubt, will relegate the fossilized doctrine of contributory negligence to a judicial tar pit at some point.

https://www.marylandinjurylawyerblog.com/2013/07/comparative_negligence_is_not_1.html

a Winter of Cyclists [Trailer]

A Winter of Cyclists, captures the inaugural Icy Bike Winter Commuting Challenge. The film follows twelve cyclist as they attempt to bicycle commute during the winter months. Watch as they challenge each other during the cold, dark and snowy Colorado winter and experience the surprising comradery that forms as nearly 200 like-minded riders from across the USA, Canada, and other countries join in the Challenge. For those who cycle in the winter now, this film is a tribute to you. And for those who are considering it , catch a memorable glimpse of what could await you.

Trailer: A Winter of Cyclists from ChainRing Films on Vimeo.

https://www.chainringfilms.com/


[B’ Spokes: We need to show this around here to show that year round commuting can be done.]

The Marginalization of Bicyclists

by Bob Shanteau, I am Traffic
How the car lane paradigm eroded our lane rights and what we can do to restore them
Not long ago I was riding in the middle of the right-hand (slow) lane on a 4-lane urban street with parallel parking and a 25 mph speed limit. I had just stopped at a 4-way stop when the young male driver of a powerful car in the left lane yelled at me, “You aint no f***ing car man, get on the sidewalk.” He then sped away, cutting it close as he changed lanes right in front of me in an attempt, I suppose, to teach me a lesson.
That guy stated in a profane way the world view of most people today: If you can’t keep up, stay out of the way. My being in the right-hand lane and therefore “in his way” violated his sense that roads in general and travel lanes in particular are only for cars, a viewpoint that I call the car lane paradigm. The car lane paradigm conflicts with the fact that in every state of the union, bicyclists have the same rights and duties as drivers of vehicles.
So which is it? Do bicyclists have the same right to use travel lanes as other drivers or not? Before lanes existed, bicyclists simply acted like other drivers. But now that travel lanes are common, most people grow up with the car lane paradigm with bicyclists relegated to the margins of the road. This article goes into the history of how the car lane paradigm came to be and what we can do about it now.
Reading this is going to take a while, so here is an outline of where we’re going:

https://iamtraffic.org/equality/the-marginalization-of-bicyclists/

IN-DEPTH: Trails could be hub of activities and economic growth

Multi-use trails are no longer viewed merely as recreational outlets for people who like to bike, run, walk or skate. Advocates say they spark economic development, improve people’s health, provide transportation alternatives and enhance a community’s quality of life. What’s more, for metropolitan areas that want to attract and retain talented workers, trails are “part of being a competitive city in the 21st century,” said Eric Oberg, manager of trail development for the Midwest office of the Rails-to-Trails Conservancy.

https://news.cincinnati.com/article/20130924/NEWS/309220071

6th Annual Bike HoCo Ride

Saturday, October 12, 2013 from 8:30 AM to 12:30 PM (PDT)
Clarksville, MD

Event Details

Time again to join Howard County cyclists on BAHC’s 6th Annual Bike HoCo Ride. Enjoy a GREAT Fall ride and social. Last year we had over 140 Howard County riders.

DATE & TIME: Saturday, October 12, 2013

  • Check-in/Registration — 8:30am
  • Group Photo — 8:45am (Wear your Club’s jersey!)
  • Rides start — 9:00am sharp!

LOCATION: The Johns Hopkins Applied Physics Laboratory

  • Start/Check-in: APL Softball Field Parking Lot
  • Post-Ride Social: APL Picnic Pavilion
  • GPS/Google Maps location: Across from 7150 Sanner Road, Clarksville, MD 

DONATIONUse our Donate button at https://bikehoco.org/donate

  • BAHC is a §501(c)(4) tax-exempt organization.
  • We request a minimum donation of $5 per rider to help fund our efforts as advocates for Howard County bicycling.
  • This is BAHC’s only 2013 fundraiser, so please consider donating even if you don’t ride. 

GENERAL INFORMATION:

  • 63/45/34/26 mile routes. BAHC has cue sheets and GPS data file on its web site at https://bikehoco.org/cue-sheetsand we will have paper copies at check-in.
  • Sign in @ 8:30 am — ALL riders must sign waiver
  • Staggered start @ 9am — Faster Metric riders first and slower 26 mile riders last
  • Princeton Sports will again provide SAG support.
  • Rest stop @ Glenwood Community Center (Rt 97 & Carrs Mill Rd) hosted by MMTC (Thank You!). Otherwise, routes go by various convenience stores.
    • o   BAHC will supply water/Gatorade and snacks.  Please bring your own picnic supplies (we will have grills) and drinks.
    • o   BYOB and some to share (especially if it is a good micro brew). Alcohol only in the picnic pavilion area; not in the parking lot.
  • Post-ride social @ APL Picnic Pavilion (on the other end of softball field from the parking area).

VOLUNTEERS NEEDED!

… (follow the link to register and how to volunteer)

https://6thbikehocoride-eac2.eventbrite.com/

Hop on board – here’s your chance to help MTA build a better bus system

by MTA Maryland

image

Guy Henderson
The Maryland Transit Administration is looking to improve
our approach to bus service in a big way, and we need your input to make sure
that we come to the right conclusions. With your help, we’re out to create a
whole new level of service and satisfaction for everyone who counts on MTA
buses. 
The MTA Bus Network Improvement Project is a
highly focused plan to get the information we need to deliver:
·       
The best quality
bus service possible
·       
Increased access
to transit
·       
Streamlined
routes
·       
Simplified
scheduling
·       
Maximum
connectivity
Three ways to tell us what you really think. 
Whether you’re a bus
rider, community representative, public official, employee or just someone who
recognizes the value of dependable transit service, your input counts – and MTA
has made it easy to participate.
Offer valuable feedback,
participate in discussions, see preliminary results of analysis and share your
comments with everyone. You can also find us on Facebook or follow
us on Twitter at #MTABNIP.
Call 410-454-1998.
Leave us a voicemail with
your thoughts on how to make everyone’s ride better. The more comments we
receive, the better we’ll be able to plan improvements.
Attend a Public Workshop.
We’re sponsoring six
public meetings in October to share more about the study and to hear your
comments, concerns and suggestions. This
schedule is also available at mta.maryland.gov/bnip

https://marylandtransitadministration.blogspot.com/2013/09/hop-on-board-heres-your-chance-to-help.html

Meet the one city in America where cars have been banned since 1898

By Stephen Messenger, Tree Hugger
When early automobiles first arrived on the scene in the late 19th century, few people could have imagined that they would one day take over the world. In fact, some towns found the noise and exhaust from these novelty ‘horseless carriages’ so off-putting that early cars were actually outlawed in some places.
In time, of course, restrictions were lifted and the car soon became ubiquitous across the country — but there is still one place in the United States that has yet to change its mind. Meet Mackinac Island, where cars have been banned since 1898.

https://www.treehugger.com/culture/one-city-in-america-where-cars-have-been-banned-1898.html

QUOTES R US

"DOT encourages transportation agencies to go beyond the minimum requirements, and proactively provide convenient, safe, and context-sensitive facilities that foster increased use by bicyclists and pedestrians of all ages and abilities, and utilize universal design characteristics when appropriate."
–USDOT Bicycle and Pedestrian Facility Design Flexibility Memorandum
https://1.usa.gov/1fXLjTi
AND NOW, FOR SOMETHING COMPLETELY DIFFERENT…
"During his two terms (1995-97 and 2001-03) as Mayor of Bogatá [Columbia], Anatas Mockus sought ‘change without violence’ using theatrical measures to educate and engage citizens in civic reforms… Famously, [he] hired 420 mimes to make fun of traffic violators; this entertaining public ridicule reduced traffic fatalities by >50%…"
–From a slideshow of examples from the McKinsey report How to Make a Great City https://bit.ly/17p97xt
[See the full 6 case study slideshow: https://bit.ly/17p97xt]
[See also photo at: https://hvrd.me/18TmofG]
from CenterLines, the e-newsletter of the National Center for Bicycling & Walking.