Alert: MSP: Conclusionary, biased and flat out wrong statements about law during an ongoing investigation again (and again … )

B’ Spokes: If you think people have a right to be treated better then just road kill please write:
Maryland State Police
Barrack L – Forestville
3500 Forestville Road
Forestville, Maryland 20747
301-568-8101 (phone) 301-735-1693 (fax)
forestville@mdsp.org

– and –

Col. Terrence B. Sheridan, Secretary of State Police (410) 486-3101
media@mdsp.org

And call:
Office of The State’s Attorney for Prince George’s County
Glenn Ivey
State’s Attorney
Courthouse
14735 Main Street
Upper Marlboro, MD 20772-3050
Contact: Receptionist
(301) 952-3500
Fax: (301) 952-3775

---

In this video: https://www.nbcwashington.com/news/local-beat/A-Law-Student-and-Senate-Candidate-Was-Struck-by-an-SUV-Sunday-103385829.html

Starting at 0:40 (State?) police says “She [the driver] complied with the laws.”
Really now?

§ 20-102. Driver to remain at scene – Accidents resulting in bodily injury or death.

§ 20-104. Duty to give information and render aid.

As
far as I am concerned all the driver did was give information
(eventually) and failed in the other two requirements. 

I am outraged by the implication that cyclists are essentially in the same category as dead animal removal… just call the appropriate agency at your earliest convenience and that is the beginning and end of your duty. I will strongly assert a reasonable person would have (or should have) in short order inspected such damage to their car and realized they hit a person (flat tire and dragging a bike for three miles is acceptable defense???) Assuming that it is valid to assert that one could not see a cyclist right in front of car headlights (which is not the same thing as asserting not being able to avoid hitting said cyclist.)

So we have a supposedly an ongoing investigation but 

• The police are already coming out in defense of the motorist
• Publicly misrepresenting the laws

And this is not the first time, there is the MBPAC October 2009 resolution about St. Mary’s fatality.

Yoram Kaufman’s fatality (also in PG County.)

And there is the Jack Yates fatality. I assumed once the video showed up showing that in fact the truck did not signal its turn that would go in favor of the cyclists, then we got this response from the police:

---

I am the commander of the Traffic Section within the Baltimore Police
Department. I supervise the Crash Team and therefore the e-mail you
authored to Mayor Sheila Dixon was forwarded to me for a response.



I was at the scene of this tragic crash and I know that this incident
was investigated thoroughly from the very beginning as a very serious
issue, as all fatal crashes are. We have obtained a video of this
incident that shows the entire event.



There are only some aspects of this case that are public record. I will
tell you that the video clearly shows the cyclist to be at fault.
There is no “right to the road” as a cyclist. You have the same rights
as a motor vehicle and also the same obligations. The cyclist was not
operating within those parameters. The tanker truck that the cyclist
struck was a large one. The cyclist struck it in the rear. There is no
evidence to support that the driver was ever aware there was an impact.
Do not believe what the media reports as entirely true regarding this
or any event.



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. With regard to
the question of it being investigated as a hit and run accident, not
only was it investigated as such but the truck was located by
investigators within a few days of the incident.



Please feel free to contact my office if you have any further questions.



Lt. Leslie Bank

Traffic Commander

Baltimore Police Department

---

In investigating the statement in bold the police asserted that Yates did not obey a traffic control device… a sign that says parking is permitted during off-peek hours. Seriously? It’s illegal to ride in a parking lane? No way would such a ticket hold up if there was no accident, ah but if there was an accident so now the behavior is illegal, so the rule is where ever a cyclists was when a crash occurred if we can make up something that says he could have been somewhere else then the cyclists is at fault. This is plain and simple wrong reasoning and highly biased against cyclists. 

 I am not filled with confidence that the police are always fair when investigating cyclist’s crashes and I hope this will be corrected.