Bicyclist Loses Lawsuit Against Truck Driver

From Wash Cycle:

My wife subscribes to Metro Verdicts Monthly and she pointed one out Montgomery County Circuit Court decision to me the other day.

A cyclist was training for a triathlon when the driver of a truck turned left in front of him. The cyclist was unable to stop or avoid a collision and hit the back side of the truck. After he hit the truck the cyclist fell to the ground. The cyclist suffered multiple fractured ribs, a concussion and body bruising. He missed two weeks of worked. He was nonetheless able to eventually resume his training and ride in the triathlon.

The cyclist argued that he had the right of way,that the driver was 100% at fault and that he sustained serious injuries.

The driver argued that the cyclist was contributorily negligent because the cyclist hit the back of the truck. He also argued that the cyclists was able to continue with his activities, even riding in the triathlon. It doesn't appear the driver ever argued that he had the right-of-way.

The Montgomery County jury found for the defendant. One reason we need to get rid of contributory negligence.

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Washington Update: July 21, 2009

July 21, 2009

Senate EPW Committee Examines Transportation's Role in Climate Change
SUPPORT BUILDING FOR INCREASED FUNDING FOR LOW-CARBON TRANSPORTATION PROJECTS

Last week, the Senate Environment and Public Works Committee held several climate hearings as they worked to develop a companion to the American Clean Energy and Security Act (HR 2454), which was passed last month by the House. In a hearing on Tuesday to examine transportation's role in climate change, members signaled their interest in boosting funding for public transit and other transportation alternatives. The House bill includes several transportation-related emissions goals, but would only allow up to 1 percent of allocations to be used by states to fund public transit and non-motorized transportation projects. Members of the EPW Committee, including Senator Tom Carper (D-DE) and Senator Arlen Specter (D-PA), have supported requiring as much as 10 percent of cap-and-trade revenues to be used for such projects.

The Senate EPW Committee is not expected to markup climate legislation until after the August recess, and they have delayed the release of draft language until early September. Six other committees will also have jurisdiction over this bill as well.

TAKE ACTION: The remaining summer weeks are a crucial time to build support for dedicating 10% of climate revenues to smart growth and green transportation by getting more co-sponsors on CLEAN-TEA. Call your Senator today and ask them to co-sponsor CLEAN-TEA (S. 575). Find talking points, support letter templates and more on the SGA Action page.

Current CLEAN-TEA co-sponsors: Senators Carper (DE), Specter (PA), Lautenberg (NJ), Cardin (MD), Merkley (OR).

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Transportation Bill Timing & Attack on Biking and Walking

The latest here in Washington is an update on the timing of the Transportation Bill and attacks on biking and walking programs.

First, we have been hearing that the Transportation Bill was likely to be out in about a week, but our newest intelligence is that it will be later. The Transportation and Infrastructure Committee will be releasing some white papers on the bill in the next few weeks with a related press conference highlighting key points. It is still possible that a bill will be out through a sub committee this month, but Majority Leader Hoyer has stated that the transportation bill will not hit the floor before the July 4th recess.  And on the Senate side, word is still pessimistic that there will even be a bill in 2009.

The second bit is that the House Republican leadership is unfortunately taking the position that all funding for Transportation Enhancements, Safe Routes to School, and non-motorized transportation projects should be totally eliminated, saying that these projects are more appropriately funded by state and local governments. We are reaching out to Ohio and Virginia advocates (and encourage you to reach out to any contacts, friends or family you might have) in the districts of Rep. John Boehner (OH 8th - West of Dayton) and Rep. Eric Cantor (VA 7th - Richmond and North) why biking and walking are good investments.  An article is pasted below and you can also read the 22 page proposal at http://republicanwhip.house.gov/newsroom/6.4.09%20Budget%20Savings%20Proposal.pdf

Finally, we will be having our Federal Transportation Bill conference call next Wednesday, June 10th at 1pm EDT.  To join us for the call please sign up at:

Thanks!

Jeff

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Court Rules Bicycling Is a 'Leisure' Activity, Finds No Assumption of Risk

Drawing a distinction between "sporting" and "leisure" activities, a Brooklyn-based appellate court has refused to dismiss a lawsuit filed by an avid Long Island bicyclist who was injured in an accident precipitated by roadway repairs.

The Appellate Division, 2nd Department, in Cotty v. Southhampton, 2007-08536, declined to apply the assumption-of-risk doctrine as a matter of law and ruled unanimously that the negligence action of Karen Cotty could proceed.

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Cell phone curb begins

Some state workers barred from using hand-held units while driving

By Michael Dresser | Baltimore Sun

Gov. Martin O'Malley signed an executive order Thursday that will impose a ban on the use of hand-held cell phones by Maryland executive branch employees while driving state-owned vehicles.

O'Malley said he was taking the action as part of a new driver safety program. Cell phone use has been identified in numerous studies as one of the leading distractions drivers face on the roads.

The governor's action follows another legislative session in which the General Assembly rejected curbing cell phone use while driving. The legislature did adopt a bill, since signed by O'Malley, banning text-messaging while driving.

"This legislative session, we passed tough new laws to improve safety on our roadways by cracking down on drunken driving, speeding and texting," O'Malley said. "Today, I want to carry that protection to our dedicated state employees by preventing a major cause of workplace injury: traffic crashes."

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New Safe Routes to School Senate Bill Sets Stage for Next Federal Transportation Bill

The federal Safe Routes to School program was first created in 2005 through the SAFETEA-LU transportation bill and is authorized through 2009. The program funds infrastructure improvements (such as sidewalks, pathways, bike lanes, and safe crossings) and education, law enforcement, and promotion campaigns to make it safer and more common for children to walk and bicycle to and from school in all 50 states and the District of Columbia. The program is up for reauthorization by Congress as part of the next surface transportation bill, which will be under discussion this summer.

The new Safe Routes to School bill proposes to build on successes around the country and strengthen and expand the federal program in several ways:
· Triple funding for the program, from the FY2009 level of $183 million to $600 million per year to meet the high demand and need for the program;
· Expand eligibility to include high schools and to allow a state to spend a portion of its funds to address bus stop safety and improved access in more rural communities;
· Improve project delivery and reduce overhead by addressing regulatory burdens; and
· Add a research and evaluation component.

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SUBJECT: TAKE ACTION TODAY! Ask your Representative to support complete streets in the transportation bill

Please see the below message from the Complete Streets Coalition. If your representative is targeted (see the list below), please contact them ASAP and urge that they sign-on to the letter and demonstrate their support.

MD
Elijah Cummings: (202) 225-4741
Donna Edwards: (202) 225-8699

SUBJECT: TAKE ACTION TODAY! Ask your Representative to support complete streets in the transportation bill

 

Rep. Tauscher (CA-10) is circulating a letter (see attached) for members of the House Transportation and Infrastructure (T&I) Committee to sign in support of Complete Streets. As you may know, the Committee is currently drafting the new 6-year surface transportation authorization bill, which will fund as much as $500 billion in new transportation projects. Rep. Tauscher's letter requests that those projects incorporate complete streets principles. It is critical that such a massive investment in transportation infrastructure does not ignore the safety of pedestrians, including children, senior citizens, and disabled persons, as well as patrons of public transportation and bicyclists.

 

We need as many members of the T&I Committee as possible to sign Rep. Tauscher's letter! If your Member of Congress is on the committee (see list below), please call their office TODAY and ask them to sign Rep. Tauscher's complete streets letter.

 

Talking Points:

 

Ask to speak to the staff person that works on transportation issues.

 

  • Please sign Rep. Tauscher's letter in support of complete streets. Paul Schmid in Tauscher's office is the contact. The deadline to sign is close of business, Thursday, May 7th.
  • Complete streets policies ensure that the needs of all users of the transportation system--motorists, transit vehicles and riders, bicyclists, and pedestrians of all ages and abilities-- are taken into account when streets are built or re-built. Over 90 states and communities already have complete streets policies, which are flexible and cost-effective.
  • Complete streets improve safety, especially for children and older Americans. And if we are serious about ending our dependence on foreign oil, combating climate change, stemming obesity, and revitalizing communities, we need to build roads designed for all users, not just cars.
  • Maryland ranks the 8th worst state in pedestrian fatalities per capita, 6th worst in pedestrian fatalities per all traffic fatalities.
  • Complete Streets don't cost more to build; in fact, they generate revenue by increasing property values and promoting economic development. They save money by reducing transportation and healthcare costs.
  • If you are a constituent, please ask for a response by email or mail, which helps ensure that your comment is passed up the chain of command.

 

For additional background materials about complete streets download our complete streets bill fact sheet (http://www.completestreets.org/documents/fed/cs-leavebehind-2009.pdf ) and frequently asked questions (http://www.completestreets.org/documents/fed/CS_fed_bill-Q&A-2-09.doc ).

 

Please contact us if you have any questions and let us know if you've contacted your Representative and their response to signing on to the letter by emailing Ivan Kaplan at ikaplan@completestreets.org. Thanks for helping complete America's streets!
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Road Rights: The Right to Disobey Cops

The problem is, if everybody acquiesces to a violation of our rights, do we still have the right? I would argue that unless the right is exercised, it doesn't exist. Therefore, when a law enforcement officer is enforcing laws that don't exist, it is incumbent upon us to stand up for our rights.
- Bob Mionske

Interesting story of a cyclist tazed for riding in the road in Ohio.

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Action: The Complete Streets Act of 2009 (H.R. 1443) One-Page Summary

WHAT THE BILL DOES

The Complete Streets Act of 2009 (H.R. 1443) ensures that future transportation investments made by State departments of transportation and Metropolitan Planning Organizations (MPOs) create appropriate and safe transportation facilities for all those using the nation’s roads—motorists, transit vehicles and riders, bicyclists, and pedestrians of all ages and abilities.

Policy Requirement: H.R. 1443 requires States and MPOs to adopt complete streets policies for federally-funded projects within two years. These complete streets policies must ensure that the needs of all users of the transportation system are taken into account during the design, planning, construction, reconstruction, rehabilitation, maintenance, and operating phases of transportation project implementation.

Exemption Procedures: H.R. 1443 also gives State, regional, and local jurisdictions flexibility to exempt projects from compliance with complete streets policies. Projects may be exempted from complying with complete streets principles if users are prohibited by law from using a given right-of-way (such as in the case of freeways), if the cost of implementing complete streets principles would be prohibitive, or if the existing and planned population and employment densities around a given roadway are low enough that there is a clear lack of need for complete streets.

Enforcement: H.R. 1443 enforces this complete streets policy requirement by restricting a progressively higher amount of non-compliant states’ highway dollars to safety uses. In the first year of non-compliance, 1 percent of Surface Transportation Program funds are restricted, 2 percent in the second year, and 3 percent in the third and subsequent years. States do not lose transportation dollars under this arrangement—their existing allotment of funds is simply shifted.

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Bicycles, Rolling Stops, and the Idaho Stop

Ever wounder why pedestrians are not required to come to a complete stop at stop signs? Shouldn't they be required to sit down just like a cyclists is required to put a foot down at stop signs? And what about cars? If stopping means the complete cessation of movement shouldn't they be required to turn off their motors because any conservation of momentum that would allow a fast start is bad?

If these things sound ridiculous so is requiring a cyclists to put there foot down, see the link and video for a good presentation.

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