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Here in AZ I went through one construction site where they made a temp bike lane out of cones, SHA has no such guidance for work zones, that alone is in violation of state law, let alone not accommodating cyclists. But how can they if there is no recommendations on how to do that?

Steel plates should be ramped and in the winter months they should have a coating of "epoxy grit"

Other things that can be done is lowering the speed limit and put in temporary traffic calming and signs like "Bikes may use the full lane"

Should we start a campaign "Don't make Isaias drive, let him ride." ???

Isaias, if you can write Dustin (and cc me and Carol) and make recommendations, if the orange barrels can be in the dirt next to the pavement then that's where they should be. If the roadway needs to be swept more often, then request that.  (If anything above would help then request that as well.) Someone has to complain to (eventually ) make things better for the rest of us.

Ed Hopkins wrote:

The police do not suggest that the driver was not paying attention to the road ahead of him.  Was he driving without headlights? Why did he not see the cyclist?  Why isn't the "apparent cause of the accident" the failure of the driver to see the cyclist?  Why is the focus on what the cyclist might have been doing wrong rather than on what the driver was obviously doing wrong: he ran into the cyclist.

Do the police not know about the new "Manslaughter by vehicle" law? 

If the law is not relevant here, where could it possibly be relevant? 

Barry--commont on the applicability of the law here, please

If this happened during daylight I would agree that at least our new manslaughter would be applicable. The fact that the police have no way of knowing if the cyclist's rear light was on or not + dark clothing complicates the issue here and I am not enough of a lawyer to say how to call this one. But I do feel very strongly that at least the driver should be at fault.

My coverage including contact info if you have concerns.

http://www.baltimorespokes.org/article. … 9153934401

Washcycle has a post about this:

http://www.thewashcycle.com/2011/10/sun … ad-iv.html

A cyclist - 40 year old Matthew Young - riding on Veterans Highway in Severna Park on Friday night (7:30pm) was hit from behind and killed. "Investigators do not believe that either speed or alcohol were factors in the crash. They have cited "bicyclist visibility" as the apparent cause of the accident, and noted the fact that the accident occurred at a particularly dark location on Veterans Highway, as well as the fact that Young was wearing dark non-reflective clothing." There's a pretty wide shoulder there. Was the cyclist on it? More here: "Police said the bike he was riding had a makeshift headlight, but a flashing light on the back of the bike does not appear to have been on." Can they tell after a bike has been hit from behind? Maybe they have witness testimony?

Jul-20-11 12:50 am
Cyclist Rights - bike/cab accident
Category: Social
Forum: Advocacy

Can I assume you were riding with the direction of traffic on the road and not on the sidewalk?

If so you have the same basic rights as any other vehicle on the road and left turning traffic is obligated to yield.

You can request an amendment to a police report. But I am interested in what the report has to say and the justification for no charges. 

Baltimore's Cyclists’ Bill of Rights: http://www.baltimorespokes.org/article. … 8133257644
Baltimore police not charging at fault drivers: http://www.baltimorespokes.org/article. … 0523251899

You can contact me info @ BaltimoreSpokes.org (remove spaces) and we talk about your options.

Apr-07-11 05:55 pm
Category: Social
Forum: Advocacy

From Adiva Sotzsky, member of the Bike Maryland Task Force

Following yesterday's hearing, Senator Frosh said that he would support the bill if the wording regarding 'substantial deviation' was changed to the model penal code's terminology of gross deviation (which is not the same as gross negligence).

Delegate Simmons made those adjustments to the bill -- had it reviewed by the Attorney General's office -- and brought it to Frosh who said he would NOT support it.
Thus Frosh is reneging on what he said he would do.

Please contact your senators and members of the Judicial Proceedings Committee, etc. to contact Frosh to stand by/fulfill his promises
he asked for a change in wording so that he could/would support the bill
the change was made. He was brought the changes and now he is not supporting the bill with the changes..
Frosh's number 301-858-3124 --

Judicial Proceedings Committee
Brian E. Frosh, Chair (410) 841-3124, (301) 858-3124 D-Montgomery District 16
Lisa A. Gladden, Vice-Chair D- Baltimore City (410) 841-3697, (301) 858-3697 District 41

James Brochin D- Baltimore County District 42
1-800-492-7122, ext. 3648 (toll free) e-mail: jim.brochin@senate.state.md.us
Jennie M. Forehand D- Montgomery District 17
1-800-492-7122, ext. 3134 (toll free) e-mail: jennie.forehand@senate.state.md.us
Joseph M. Getty R- Carroll District 5
1-800-492-7122, ext. 3683 (toll free) e-mail: joseph.getty@senate.state.md.us
Nancy Jacobs R- Cecil, Harford District 34
1-800-492-7122, ext. 3158 (toll free) e-mail: nancy.jacobs@senate.state.md.us
Jamin B. (Jamie) Raskin D-Montgomery District 20
1-800-492-7122, ext. 3634 (toll free) e-mail: jamie.raskin@senate.state.md.us
Victor R. Ramirez D- Prince George District 47
1-800-492-7122, ext. 3745 (toll free) e-mail: victor.ramirez@senate.state.md.us
Christopher B. Shank R- Washington District 2B
1-800-492-7122, ext. 3903 (toll free) e-mail: christopher.shank@senate.state.md.us
Norman R. Stone, Jr. D- Baltimore County District 6
1-800-492-7122, ext. 3587 (toll free) e-mail: norman.stone@senate.state.md.us
Robert A. (Bobby) Zirkin D- Baltimore County District 11
1-800-492-7122, ext. 3131 (toll free) e-mail: bobby.zirkin@senate.state.md.us

Apr-07-11 04:12 pm
Category: Social
Forum: Advocacy

Oh, I forgot to add: Many thanks for riding out and representing us!

Apr-07-11 04:12 pm
Category: Social
Forum: Advocacy

To be fair it's going to be a few days till we get a handle on what Frosh is thinking. Too many of those comments mirror what Frosh was saying before he read the bill.

Major kudos goes out to Jim Titus (of PG County) who did a very through case law analysis to answer Frosh's question of what kind of negligence falls under this bill, which is more then simple negligence (that's roughly the current $500 max fine) and less then gross negligence which by Maryland standards requires DUI plus one or two more violations.

Apr-05-11 02:28 pm
Category: Social
Forum: Advocacy

Bike Maryland's coverage: http://www.baltimorespokes.org/article. … 5105920666

Tami Bensky and Biking in B'more notes: http://www.baltimorespokes.org/article. … 4130244394

Please, if you can take some time off tomorrow to participate for some of the activities, it's important!

Additional detail can be found here: http://www.baltimorebrew.com/2011/03/22 … bicyclist/

The important lesson for cyclists is if you are involved in a serious crash, retain a lawyer early in the process! 

I will also note I continue to be impressed with this law firm's bike crash investigations.

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