June 2010 Archives

Many agree that biking is good exercise, but also question whether it has to be on the same roadways that motorists use everyday to commute to and from work.  Cyclists will argue that it is better for the environment to ride a bicycle.  No one is saying not to ride a bicycle.  Instead, the majority of motorists believe that cyclists should have their own lanes and stay off the roads that were designed for automobile traffic.  

Cyclists are not permitted on roads where the posted speed limit is greater than 50 mph but are permitted on the shoulder of the road.  This still becomes a problem when there is debris, glass, uneven pavement, culverts, etc., that prevent the cyclist from riding on the shoulder and entering back into the path of the motorist.

In a bicycle accident that occurred earlier this year, a Mr. Villar was riding his bicycle in the same direction as traffic on Bradley Boulevard in Montgomery County, Maryland.  Unfortunately, he was unable to ride on the shoulder due to snow banks from a recent snow storm and was struck by a motorist that attempted to pass him.  The motorist struck another vehicle in the oncoming lane of travel, causing the back of his vehicle to strike Mr. Villar.  Mr. Villar has retained the law firm of Portner and Shure.  

Motorists and cyclists both need to be aware of the laws and regulations in their States.  In Maryland, when passing a cyclist, you must allow three feet from the side of your vehicle and return to your lane when you can clearly see the cyclist in your rear view mirror.  A motorist should not use his horn to alert the cyclist as this could in turn alarm them.  Cyclists should stay as close to the right side of the road to maintain safety.  They are required to use turn lanes and motorists should not attempt to make right turns across the path of the cyclist.  

Maryland law requires that cyclists must:

    •    Wear a bicycle helmet if they are under 16 years old
    •    Obey all traffic signs, signals and other traffic devices    
    •    Ride in the same direction as motor vehicles and as near to the right side of the road     as possible
    •    Use standard arm signals to alert other drivers of lane changes and turns
    •    Stop for school buses when they are loading or unloading children
    •    Yield to pedestrians
    •    Refrain from wearing a headset that covers both ears

Further, a bicycle must be equipped with front and rear lamps and reflectors if the bicycle is used on a public road at any time when there is insufficient light or inclement weather.  It should also be equipped with a bell or horn and brakes.

If you, a family member or someone you know has been involved in a bike accident or car accident or you need more information on car and bike accidents, please visit us on the web at http://www.portnerandshure.com or contact us for a free consultation with one of our Maryland Personal Injury Lawyers

You may often hear insurance carriers refer to the "Boulevard Rule" when they investigate an automobile accident. However, what you may not know is what the Boulevard Rule really is.

The Maryland Boulevard Rule was adapted by a Maryland Court of Appeals in 1939 to expedite the flow of traffic on a favored highway thus allowing drivers on said highways to travel without stopping for each intersection. All drivers approaching a main street or highway have a duty or obligation to yield to the traffic on the major roadway. If the driver of a vehicle fails to yield to this rule then they were negligent as a matter of law. A claim for damaged property or bodily injuries could have been filed again the negligent party's insurance carrier.

Over the years the rule has evolved. In 1977, the Court of Appeals reduced the harshness of the application of the rule. It was found that the driver on the favored highway was negligent and his negligence was the proximate cause of the collision. Proximate Cause is a legal term that means "an intervening cause which produces injury and without which the accident could not have happened, if the injury is one which might have reasonably anticipated or foreseen as a natural consequence of the wrongful act." In the light of the legal case of Covington v. Gernet, 280 Md.322, 373, A.2d 624 (1977), the Department of Motor Vehicles revised this rule and included the definition of "right of way" as "the right of one vehicle ...to proceed in a lawful manner on a highway of preference to another vehicle"

What all this means is that the Maryland Boulevard Rule no longer applies when favored drivers are driving in an unlawful manner on a main street or highway. If a favored driver is speeding, fails to yield to traffic control devices, or fails to stop, it is possible the favored driver may be found to be at fault for the accident.

The Maryland Accident Lawyers in our office are familiar with this rule and how it applies to everyday travel. In the event that a motor vehicle collision should occur, contact our office for a free legal consultation. If you would like more information on personal injury claims, feel free to visit us on the web at http://portnerandshure.com

Were public highways constructed for motor vehicles or bicycles?  Who has the right of way, the bicycle or the motor vehicle?  Many motorists believe that cyclists are endangering themselves since they are no match for tons of metal on wheels.  Many a debate has arisen when it comes to the rules of the road, who rules, cyclist or driver?   

Most people would be surprised to learn that legally bikes do have the right to ride their bikes on the roadways, in most jurisdictions.  In Maryland and D.C., those rights have been expanded where a 3 foot rule was passed by the Senate on May 20, 2010. http://mlis.state.md.us/2010rs/billfile/sb0051.htm.

Many motorists feel that this Bill is not fair.  Motorists have to pay for tags and insurance and obey the laws of the highways.  If cyclists have the right to the roadways, then they too should have to pay for insurance and tags and obey the traffic laws and be cited if they disobey those laws.  As simply stated by one motorist, "if we're going to level the playing field, then let's level it completely and equitably."  Why not construct bike paths for the safety of cyclists and leave the highways to the motorists?  

In a recent Harford County bicycle accident, 17 year old, Albert Wayne Glass
was riding his bicycle on Sandpiper Court heading toward Willoughby Beach Road in Edgewood, Maryland.  According to the Harford County Sheriff's Office, Glass proceeded through a stop sign at the intersection of Albantowne Way and Willoughby Beach Road when he was struck by Timothy James Foster.  Mr. Foster was traveling east on Willoughby Beach Road through the intersection when he struck Mr. Glass.  Mr. Glass sustained serious bodily injuries and was flown by medevac to Shock Trauma, where he underwent emergency surgery to relieve massive blot clots on his brain.  Should Mr. Glass have been operating his bicycle on the highway in the same capacity as a motorist?  Could this accident have been avoided if the State Highway Administration approved a bill for Bicycle and Pedestrian Access?  While it appears several of these issues are before the legislature, the question the motorists and cyclists need to know is when will it be implemented and what should be done in the meantime?