Go Back  Bike Forums > Bike Forums > Commuting
Reload this Page >

Hit by car in Montgomery County MD

Notices
Commuting Bicycle commuting is easier than you think, before you know it, you'll be hooked. Learn the tips, hints, equipment, safety requirements for safely riding your bike to work.

Hit by car in Montgomery County MD

Old 11-11-08, 08:52 AM
  #1  
nd4speed7
Junior Member
Thread Starter
 
Join Date: Jan 2008
Location: Damascus, MD
Posts: 18
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
Hit by car in Montgomery County MD

I was commuting in to work this morning when a lady struck me as she turned out onto the roadway. Luckily I was going less than 20 mph, but I fell off my bike and scraped up my knee, hip and elbow. My bike was not so lucky the handlebars got all bent up. Fire and police came and I went to the hospital for x-rays and to clean my wounds.

The officer taking the report said that I was at fault because I was not riding on the sidewalk and that Montgomery County laws supersede the Maryland State law that says I can ride on the road. The officer did not give me a ticket though, but said that since I was at fault that if there was any damage to her vehicle that I could be charged for it.

How do I find out if the County laws are allowed to supersede the state laws? And if they do not how can I fight this to get reimbursed for my bike and the medical costs?
nd4speed7 is offline  
Old 11-11-08, 09:10 AM
  #2  
dalmore
Neat - w/ ice on the side
 
dalmore's Avatar
 
Join Date: Oct 2005
Location: Big Ring. Little Cog.
Posts: 1,200

Bikes: 2005 Dahon Speed TR, 2006 Dahon Mu SL, 2000 GT XiZang, 1999ish Rock Lobster, 2007 Dean Animas CTI

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
glad you're ok.

Wish I could help you with your questions. I'm sure someone will pipe up with advice though.
__________________
Current favorite bumper sticker: Wag more. Bark less.

Change you can believe in - Bigfoot Nessie 08
dalmore is offline  
Old 11-11-08, 09:37 AM
  #3  
jyossarian
SERENITY NOW!!!
 
jyossarian's Avatar
 
Join Date: Aug 2005
Location: In the 212
Posts: 8,738

Bikes: Haro Vector, IRO Rob Roy, Bianchi Veloce

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 3 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
That's like adding insult to injury. Heal up and hit up the local bike coalition for some advice and answers to your questions.
__________________
HHCMF - Take pride in your ability to amaze lesser mortals! - MikeR



We demand rigidly defined areas of doubt and uncertainty!
jyossarian is offline  
Old 11-11-08, 09:53 AM
  #4  
Zaneluke
Senior Member
 
Zaneluke's Avatar
 
Join Date: Oct 2008
Location: Germantown MD
Posts: 279

Bikes: Trek Y-5

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
Here is a pdf. I am swamped at work I will try to find some more stuff as teh day goes on.

http://www.montgomerycountymd.gov/co...les/mdlaws.pdf
Zaneluke is offline  
Old 11-11-08, 10:01 AM
  #5  
Zaneluke
Senior Member
 
Zaneluke's Avatar
 
Join Date: Oct 2008
Location: Germantown MD
Posts: 279

Bikes: Trek Y-5

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
sorry extra post. scroll down the page and you can download the safety book pdf.
http://www.montgomerycountymd.gov/pe...bike/index.asp
Zaneluke is offline  
Old 11-11-08, 10:22 AM
  #6  
cyclaw
hammer hammer hammer!
 
Join Date: Nov 2008
Location: Ottawa, Ontario, Canada
Posts: 13

Bikes: '99 Brodie Energy mtb, old Bianchi roadie, crappy old utility bike

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
Firstly, I have no expertise in US law so take my words for what they are i.e. mere silly comments, not legal advice. Anyways, my guess is that unless you can successfully challenge the county law in court as ultra vires i.e. the county exceeded its authority in enacting such a law, then the cop is probably right assuming that law actually exists. If you're really worried, best to consult a lawyer. Btw, what a dumbass law!
cyclaw is offline  
Old 11-11-08, 10:32 AM
  #7  
CCrew
Older than dirt
 
CCrew's Avatar
 
Join Date: May 2008
Location: Winchester, VA
Posts: 5,342

Bikes: Too darn many.. latest count is 11

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 1 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
I'd look into this one. Just sounds wrong to me. That has her fault - Failure to yield - all over it.

From Montgomery County's site:

Shared Roadways:Most roads are used by bicycles. Bicycles are classified as vehicles and are to follow the rules of the road. Existing roads can be modified to accommodate some additional space for bicycles.

-R
CCrew is offline  
Old 11-11-08, 10:35 AM
  #8  
alanfleisig
NYC Maggie Backstedt fan
 
Join Date: Sep 2006
Location: New York City
Posts: 472

Bikes: Trek road and hybrid bikes

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 1 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
I am nearly sure that the peace officer was talking out of the wrong end.

Hope you got a license plate. The driver is almost certainly guilty of "failure to yield." I doubt VERY seriously that the county could "pre-empt" state traffic laws in this case.

I'm guessing the cop just wanted to get away from the scene as quickly as possible.
alanfleisig is offline  
Old 11-11-08, 11:48 AM
  #9  
JoeSoMD
Commuter
 
JoeSoMD's Avatar
 
Join Date: Sep 2008
Location: Southern Maryland
Posts: 130

Bikes: Specialized Sequoia Elite

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 1 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
Here is Maryland law...

§ 21-1205.

(a) Each person operating a bicycle or a motor scooter at a speed less than the speed of traffic at the time and place and under the conditions then existing on a roadway shall ride as near to the right side of the roadway as practicable and safe, except when:

(1) Making or attempting to make a left turn;

(2) Operating on a one-way street;

(3) Passing a stopped or slower moving vehicle;

(4) Avoiding pedestrians or road hazards;

(5) The right lane is a right turn only lane; or

(6) Operating in a lane that is too narrow for a bicycle or motor scooter and another vehicle to travel safely side by side within the lane.

(b) Each person operating a bicycle or a motor scooter on a roadway may ride two abreast only if the flow of traffic is unimpeded.

(c) Each person operating a bicycle or a motor scooter on a roadway shall exercise due care when passing a vehicle.
(d) Each person operating a bicycle or a motor scooter on a roadway may walk the bicycle or motor scooter on the right side of a highway if there is no sidewalk.

§ 21-1205.1.

(a) Notwithstanding any other provision of this title, a person may not ride a bicycle or a motor scooter:

(1) On any roadway where the posted maximum speed limit is more than 50 miles an hour; or

(2) On any expressway, except on an adjacent bicycle path or way approved by the State Highway Administration, or on any other controlled access highway signed in accordance with § 21-313 of this title.

(b) (1) Where there is a bike lane paved to a smooth surface or a shoulder paved to a smooth surface, a person operating a bicycle or a motor scooter shall use the bike lane or shoulder and may not ride on the roadway, except in the following situations:

(i) When overtaking and passing another bicycle, motor scooter, pedestrian, or other vehicle within the bike lane or shoulder if the overtaking and passing cannot be done safely within the bike lane or shoulder;

(ii) When preparing for a left turn at an intersection or into an alley, private road, or driveway;

(iii) When reasonably necessary to leave the bike lane or shoulder to avoid debris or other hazardous condition; or

(iv) When reasonably necessary to leave the bike lane or shoulder because the bike lane or shoulder is overlaid with a right turn lane, merge lane, or other marking that breaks the continuity of the bike lane or shoulder.

(2) A person operating a bicycle or a motor scooter may not leave a bike lane or shoulder until the movement can be made with reasonable safety and then only after giving an appropriate signal.

(3) The Department shall promulgate rules and regulations pertaining to this subsection which will include, but not be limited to, a definition of "smooth surface".

(c) A motor scooter may not be operated at a speed in excess of 30 miles per hour.

(d) Notwithstanding any other provision of this title, a person may not operate an EPAMD on any roadway where there are sidewalks adjacent to the roadway or the posted maximum speed limit is more than 30 miles an hour.
(e) An EPAMD may not be operated at a speed in excess of 15 miles per hour.

I have lots of questions on this, but one is... Is a sidewalk considered a bike lane? And if so... it is illegal under MD law, with certain exeptions defined above, to ride in the road when there is a sidewalk present. News to me. That will change my ride each day.
JoeSoMD is offline  
Old 11-11-08, 11:51 AM
  #10  
JoeSoMD
Commuter
 
JoeSoMD's Avatar
 
Join Date: Sep 2008
Location: Southern Maryland
Posts: 130

Bikes: Specialized Sequoia Elite

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 1 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
This section says that a local jurisdiction in Maryland cannot make or enforce any law that is covered by Marlyand transportation law.

§ 25-101.1.

(a) Except as otherwise expressly provided, the provisions of the Maryland Vehicle Law are statewide in their effect.

(b) Except as otherwise expressly authorized in this subsection or by a public local law on the regulation of taxicabs and taxicab drivers or by any public general law, no local authority or political subdivision of this State may:

(1) Require the registration or licensing of any vehicle or driver in addition to the registration and licensing required or authorized in the Maryland Vehicle Law;

(2) Impose on the owner or driver of any vehicle any tax, registration fee, license fee, assessment, or charge of any kind for the use of a vehicle on any highway in this State, except for tolls to finance the cost of the construction, maintenance, and operation of any bridge, tunnel or approach thereto constructed as part of the interstate system of highways under Title 23 of the United States Code and from the payment of which vehicles owned by the State are exempt; or

(3) Otherwise make or enforce any local law, ordinance, or regulation on any subject covered by the Maryland Vehicle Law.

(c) Except as otherwise provided in the Maryland Vehicle Law:

(1) The provisions of the Maryland Vehicle Law prevail over all local legislation and regulation on any subject with which the Maryland Vehicle Law deals;

(2) All public local laws, ordinances, and regulations that are inconsistent or identical with or equivalent to any provision in the Maryland Vehicle Law are repealed; and

(3) The charters of all political subdivisions of this State are modified to prohibit the political subdivision from making or enforcing any ordinance or regulation in violation of the Maryland Vehicle Law.

(d) Notwithstanding any other provision of this section, the Maryland Vehicle Law does not preclude enactment, adoption, or enforcement of:

(1) A public local law for the regulation of taxicabs and taxicab drivers; or
(2) An ordinance or regulation adopted under such a public local law.
JoeSoMD is offline  
Old 11-11-08, 11:55 AM
  #11  
JoeSoMD
Commuter
 
JoeSoMD's Avatar
 
Join Date: Sep 2008
Location: Southern Maryland
Posts: 130

Bikes: Specialized Sequoia Elite

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 1 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
Well... I spoke too soon... It looks like a local jurisdiction in Maryland can regulate the operation of bicycles. Here's an excerpt from § 25-102...

§ 25-102.



(a) The provisions of the Maryland Vehicle Law do not prevent a local authority, in the reasonable exercise of its police power, from exercising the following powers as to highways under its jurisdiction:


(8) Regulating the operation of bicycles, requiring them to be registered, and imposing a registration fee;

Great.
JoeSoMD is offline  
Old 11-11-08, 11:59 AM
  #12  
JoeSoMD
Commuter
 
JoeSoMD's Avatar
 
Join Date: Sep 2008
Location: Southern Maryland
Posts: 130

Bikes: Specialized Sequoia Elite

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 1 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
Here's a website that you can use to find a bicycle accident lawyer in Montgomery County.

http://www.montgomerycountybicyclelawyer.info/
JoeSoMD is offline  
Old 11-11-08, 12:08 PM
  #13  
supcom
You need a new bike
 
supcom's Avatar
 
Join Date: Aug 2002
Posts: 5,433
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 2 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
You need to talk to a lawyer to determine the applicable laws and regulations for your situation. If you are indeed at fault, you may be liable for some significant expenses with the hospital and the motorist.
supcom is offline  
Old 11-11-08, 12:14 PM
  #14  
ChipSeal
www.chipsea.blogspot.com
 
ChipSeal's Avatar
 
Join Date: Mar 2007
Location: South of Dallas, Texas
Posts: 1,026

Bikes: Giant OCR C0 road

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
We need pictures.
ChipSeal is offline  
Old 11-11-08, 12:20 PM
  #15  
nd4speed7
Junior Member
Thread Starter
 
Join Date: Jan 2008
Location: Damascus, MD
Posts: 18
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
Well I just got off the phone with the officer and he said that he was wrong and that she was at fault. I got a quote to get my bike fixed and just have to make a claim. Thanks for all the support and hopefully I will get back on my bike soon.
nd4speed7 is offline  
Old 11-11-08, 12:27 PM
  #16  
MMACH 5
Cycle Dallas
 
MMACH 5's Avatar
 
Join Date: Jun 2005
Location: Land of Gar, TX
Posts: 3,777

Bikes: Dulcinea--2017 Kona Rove & a few others

Mentioned: 1 Post(s)
Tagged: 0 Thread(s)
Quoted: 197 Post(s)
Likes: 0
Liked 8 Times in 3 Posts
Chalk one up for the good guys!

Glad you followed up on it.
MMACH 5 is offline  
Old 11-11-08, 12:28 PM
  #17  
jyossarian
SERENITY NOW!!!
 
jyossarian's Avatar
 
Join Date: Aug 2005
Location: In the 212
Posts: 8,738

Bikes: Haro Vector, IRO Rob Roy, Bianchi Veloce

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 3 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
That's excellent news! And now the cop learned something too! Sorry to hear about your custom made Sachs frame and Lightweight wheels with ceramic bearings that need to be replaced.
__________________
HHCMF - Take pride in your ability to amaze lesser mortals! - MikeR



We demand rigidly defined areas of doubt and uncertainty!
jyossarian is offline  
Old 11-11-08, 12:32 PM
  #18  
nd4speed7
Junior Member
Thread Starter
 
Join Date: Jan 2008
Location: Damascus, MD
Posts: 18
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
Luckily the bike that got hit was my Schwinn World Tour, my carbon bike is safe at home.
nd4speed7 is offline  
Old 11-11-08, 12:32 PM
  #19  
BroadSTPhilly
The Haberdasher
 
BroadSTPhilly's Avatar
 
Join Date: Dec 2007
Location: Philadelphia
Posts: 1,018

Bikes: Panasonic AL-7000

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 1 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
Wait I thought he rode this http://most-expensive.net/bicycle.
BroadSTPhilly is offline  
Old 11-11-08, 12:34 PM
  #20  
jyossarian
SERENITY NOW!!!
 
jyossarian's Avatar
 
Join Date: Aug 2005
Location: In the 212
Posts: 8,738

Bikes: Haro Vector, IRO Rob Roy, Bianchi Veloce

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 3 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
Originally Posted by BroadSTPhilly View Post
Wait I thought he rode this http://most-expensive.net/bicycle.
That's what I thought.
__________________
HHCMF - Take pride in your ability to amaze lesser mortals! - MikeR



We demand rigidly defined areas of doubt and uncertainty!
jyossarian is offline  
Old 11-11-08, 12:48 PM
  #21  
The Human Car
-=Barry=-
 
The Human Car's Avatar
 
Join Date: Apr 2006
Location: Baltimore, MD +/- ~100 miles
Posts: 4,077
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 1 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
Contact WABA.ORG and they should be able to help. The local law only allows for sidewalk riding and does not remove bicyclists right to ride in the roadway. You may also want to consider getting involved with MoBike or at least getting involved in their list serve (I took the liberty of forwarding your op to the list.)
__________________
Cycling Advocate
http://BaltimoreSpokes.org
. . . o
. . /L
=()>()
The Human Car is offline  
Old 11-11-08, 02:00 PM
  #22  
ItsJustMe
Seńior Member
 
ItsJustMe's Avatar
 
Join Date: Sep 2005
Location: Michigan
Posts: 13,750

Bikes: Windsor Fens, Giant Seek 0 (2014, Alfine 8 + discs)

Mentioned: 13 Post(s)
Tagged: 0 Thread(s)
Quoted: 446 Post(s)
Likes: 0
Liked 2 Times in 2 Posts
Originally Posted by nd4speed7 View Post
Well I just got off the phone with the officer and he said that he was wrong and that she was at fault. I got a quote to get my bike fixed and just have to make a claim. Thanks for all the support and hopefully I will get back on my bike soon.
EXCELLENT! Certainly THAT officer is more aware of the law now, hopefully the word got around to the other police as well.

Be careful before you sign anything from her insurance - they will want you to sign off that you have no further medical issues, but as many people here have posted, sometimes you can feel fine for several days and then wind up with problems that can last months.

Be sure you get EVERYTHING that was at all damaged replaced - gloves, helmet, clothing, etc.
__________________
Work: the 8 hours that separates bike rides.
ItsJustMe is offline  
Old 11-11-08, 02:03 PM
  #23  
cyclaw
hammer hammer hammer!
 
Join Date: Nov 2008
Location: Ottawa, Ontario, Canada
Posts: 13

Bikes: '99 Brodie Energy mtb, old Bianchi roadie, crappy old utility bike

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
Well I eat my words - glad it worked out for you. Amazing that the cop made an error like that...
cyclaw is offline  
Old 11-11-08, 02:17 PM
  #24  
FKMTB07
Senior Member
 
Join Date: Feb 2008
Posts: 531
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
More amazing is that the cop actually admitted he made an error like that.
FKMTB07 is offline  
Old 11-11-08, 02:21 PM
  #25  
genec
genec
 
genec's Avatar
 
Join Date: Sep 2004
Location: West Coast
Posts: 26,404

Bikes: custom built, sannino, beachbike, giant trance x2

Mentioned: 38 Post(s)
Tagged: 0 Thread(s)
Quoted: 7439 Post(s)
Liked 376 Times in 265 Posts
Originally Posted by BroadSTPhilly View Post
Wait I thought he rode this http://most-expensive.net/bicycle.
Originally Posted by jyossarian View Post
That's what I thought.
Ever notice that any of that "most expensive stuff" from cell phones to meals to even this case with bikes is just regular stuff, with jewels glued on or gold added.

You could have a wally world bike and add bling to it and it would rack up as "most expensive" but certainly not be "the best..." So this stuff is not really worth the money... per se, it is just the bling tacked on that adds the cost.

Now take the bling off and tell me that it is a super ultra light weight carbon unobtainium frame with hand made 12 speed cassette with Campy Groupo on it... then I'd be impressed.

But glue a couple of rocks on anything to make it the most expensive... BLA!
genec is offline  

Thread Tools
Search this Thread

Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell My Personal Information

Copyright © 2018 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.