"No charges or citations have or are likely to be filed against the driver of the vehicle, an 83-year-old woman, according to Police department spokesman Kevin Brown."
§ 21-1209.(d) Yielding right-of-way.- Unless otherwise specified in this title, the driver of a vehicle shall yield the right-of-way to a person who is lawfully riding a bicycle, an EPAMD, or a motor scooter in a designated bike lane or shoulder if the driver of the vehicle is about to enter or cross the designated bike lane or shoulder.
"The man was riding his bike in a marked bike lane on West University Parkway at the intersection with West 39th Street when he was struck by a vehicle whose driver was attempting to turn right, according to Brown."
Our guidance (based on Maryland law) submitted to MVA for inclusion in the next Drivers' Handbook:
"Never make a right turn from a through lane immediately after passing a bike on a shoulder or bike lane. Doing so is as dangerous as turning right from the left lane after passing a car on your right, so stay behind the bicycle. Try to avoid any chance that a bicycle will be to your right or in your right blind spot when you turn right. Before starting a right turn, move as far to the right as practicable within the bike lane, shoulder, or right turn lane. "
There is nothing reported that shows the driver followed this guidance.
And there Baltimore City's Cyclists Bill of Rights passed by City Council:
"3. Cyclists have the right to the full support of educated law enforcement."
Police got the laws wrong in the Jack Yates case and again here, this has to stop!
Write: email@example.com and let the Mayor know your thoughts. Be sure to include your full name and address.
In the news:
Excerpts from: <a href="http://www.baltimoresun.com/news/maryland/bs-md-bicyclist-accident-20110226,0,4632453.story">http://www.baltimoresun.com/news/maryland/bs-md-bicyclist-accident-20110226,0,4632453.story</a>
Just to note this penalty has been put forth as the appropriate penalty for § 21-1209.(d)
§ 27-114. Violation of Title 21, Subtitle 4. [Right-of-way]
(a) Penalty.- If a person violates any provision of Title 21, Subtitle 4 [Right-of-way] of this article and the violation contributes to an accident that results in the death or, as defined in § 27-113 of this title, serious bodily injury of another, the person is guilty of a misdemeanor and on conviction:
(1) The person is subject to a fine of not more than $1,000; and
(2) The Administration may suspend the person's license for not more than 180 days.
(b) Request for hearing on license suspension.- Subject to the provisions of Title 12, Subtitle 2 of this article, a licensee may request a hearing on a license suspension imposed under this section.