According to Transportation for America (TOA), the pedestrian and bicycle safety organization, over 76,000 Americans have been killed in the past 15 years simply crossing the roads in their very own communities.
As Maryland personal injury lawyers, I and my colleagues offer legal services to individuals hurt in bicycle and automobile-related accidents. Many of these accidents are caused, sadly, by the negligence of motorists or because of commercial trucking accidents. As injury attorneys, all of us have sensed the pain and seen the suffering that can follow a cycling accident resulting from a car or truck crash. It goes without saying that the medical costs associated with treatment and rehabilitation from such accidents can become quite expensive.
The TOA’s report on pedestrian injuries and fatalities nationwide ranked metropolitan areas in terms of accident frequency for persons on foot as well as on bicycles. The shocking part of the study for this office was the authors’ description of the total deaths across the nation as being equivalent to a commercial airliner crashing with a full passenger load once a month.
Transportation for America points out that nearly 4,000 children under 16 years have been killed so far in the 2000s. Based on the TOA’s numbers, the study stated that children, the elderly and infirm individuals, and ethnic minorities are over-represented when it comes to total death count.
The study also pointed out that while many pedestrian deaths (which in this case includes not only persons on foot but also bicycle riders) are typically termed “accidents,” suggesting an error either on the part of the motor vehicle operator or the person on foot or on his or her bike. However, the TOA stresses that a large percentage of supposed accidents occurred along roadways that were, as they term it, “dangerous by design.” This is to say, that maybe the blame should be aimed at poor roadway and sidewalk design, rather than at the drivers, pedestrians and cyclists who use those walkways and streets.
]]> With 2.9 percent of all workers in the city walking (or biking) to their places of employment, Baltimore was given a 61.9 on the TOA’s “Pedestrian Danger Index.” This correlates to the city’s average annual pedestrian death rate of 1.82 pedestrian fatalities for every 100,000 Baltimore residents.While that may hardly seem like cause for celebration, consider that Florida had four separate metropolitan areas that topped the danger index ratings, scoring between 157 and 221. Obviously, there is still a lot that needs to be done, or so says Transportation for America. Maryland ranks second to last of all 50 states when it comes to spending for pedestrian and bicycle projects versus fatalities statewide. With cyclists and pedestrians making up nearly 20 percent of all traffic deaths in the state, lass than one percent of federal funding dollars has gone toward pedestrian- and bicycle-related traffic safety projects in recent years.
Dangerous By Design, Transportation for America
Unfortunately, traffic accidents involving bikes, such as Harley-Davidsons, Suzukis, Triumphs and Hondas, are usually severe and cause extensive bodily injury to the riders. More often than not, a crash with a passenger car or commercial truck can result in death. Helmets make a big difference, but in this life there are no guarantees.
The tragic part of the story is that many injuries and fatal crashes experienced by the motorcycling community could be avoided if other motorists took the added effort to check for two-wheelers sharing the road. As a Maryland motorcycle accident lawyer, I’ve seen enough horrendous accident scenes to last a lifetime. But I never tire of offering help to victims and their families following these kinds of terrible and sometimes life-altering collisions.
A little while ago we came across a news item that illustrates one of the worst-case scenarios facing motorcyclist on our public roads. According to reports, a 46-year-old Charles Thompson III of Hagerstown died while riding his bike along U.S. 40 in Frederick County. The accident happened just before 8pm when another motorist was attempting to enter the roadway in a 2001 VW Jetta.
According to police, 19-year-old Zachary Gunther, a resident of Myersville, was attempting to enter the eastbound lane of U.S. 40 off of Pleasant Walk Road and apparently pulled right in front of Thompson’s motorcycle. In the process the rider was thrown from his bike onto the roadway.
Emergency crews arriving on the scene administered first aid and then transported the severely injured man by helicopter to R Adams Cowley Shock Trauma Center in Baltimore. Unfortunately, Thompson’s injuries were too extensive and he died a short time later at the hospital.
Police issued the Jetta’s driver with a traffic citation for failure to yield the intersection right of way. At the time of the news article, local police were expected to approach the Frederick County state’s attorney’s office to discuss whether additional charges should be brought against Gunther.
Hagerstown motorcyclist dies following crash in Frederick County, Herald-Mail.com, May 7, 2010
Some highway collisions cannot be survived. At the very least, massive head and back injuries are common, even at low speeds, which can lead to permanent paralysis and a lifetime of medical care. Rehabilitation following such accidents can help, but is also expensive and can crush a family’s savings in a very short time. If the victim was the major income earner for the family the effects of a debilitating bike wreck are only magnified.
Not long ago a young rider from Broomes Island was killed when a pickup truck apparently pulled into the road directly in front of the man’s motorcycle. According to reports, the accident occurred just after 6pm along Broomes Island Road near Island Creek Lane in Calvert County.
Based on police reports, 21-year-old John Alton Stratchko riding his 2003 Yamaha YZF R6, traveling southbound along Broomes Island Road. As he approached the entrance of a private, a 2002 GMC pickup apparently began to enter the roadway right in the path of Strachko’s motorcycle. The bike struck the driver’s side of the truck, which was being driven by another local resident, 53-year-old Martin Wayne Mister.
It appears from the police report that Stratchko may have tried to lay his bike down before colliding with the pickup. The reports indicated that the man was ejected off the bike with his body hitting the driver’s door of the vehicle. The motorcycle itself came to rest on top of Stratchko’s body. Emergency responders transported the man to Calvert Memorial Hospital where he was pronounced dead from his extensive injuries.
At the time of the news article, a cause of death and nature of the injuries sustained by Stratchko were pending an autopsy, which was scheduled to be performed by the Office of the Chief Medical Examiner (OCME) in Baltimore, Maryland. The Calvert County Sheriff’s Office Crash Reconstruction Team was also involved in determining the events of that evening that led to the death of the untimely death of this motorcycle rider.
Calvert Man Killed in Street Bike Accident, TheBayNet.com, May 4, 2010
Particularly in cities as vibrant as Baltimore, MD, bike riding is both a healthy way to exercise and a eco-friendly and low-cost method of transportation. Danger does exist and every bicyclist knows that the smallest mistake can result in serious injury or even death. Car, bus, taxi and delivery truck drivers also need to be especially vigilant during the summer months for cyclists traveling in urban traffic situations.
Not long ago an all-too-familiar and sadly reminiscent scene played out in a Worchester County courtroom. The hearing involved a 35-yearold Berlin motorist pleading guilty to manslaughter in the case of a June 2009 hit-and-run incident. According to news reports, Daniel Matthew Bren was driving along a Route 50 bridge when his vehicle struck two bicyclists in the roadway. The driver then left the scene of the accident, which left one cyclist dead and a second injured following that bicycle-automobile collision.
During the hearing, Bren reportedly struck an agreement with local prosecutors and pleaded guilty to negligent manslaughter by automobile, as well as to leaving the scene of an accident. A number of other charges that had also been brought against the man, including driving under the influence, were apparently dropped by prosecutors in exchange for the guilty plea in district court.
The presiding judge, Gerald Purnell, ordered a pre-sentencing investigation and remanded Bren into the custody of the Worcester County Jail. The judge said Bren could be in jail four to six months while that investigation is conducted. In Maryland, vehicular manslaughter carries a maximum sentence of 10 years in state prison. Leaving the scene of an accident with injuries calls for a one-year maximum sentence.
Man pleads guilty to OC hit-and-run, DelmarvaNow.com, April 20, 2010
As a Baltimore motorcycle accident lawyer, I’ve met many motorcyclists and they all share an undying passion for riding, for the open road. Each person deals with the inherent risks in his or her own way. Sadly, however, all bikers face some formidable dangers in the guise of passenger cars, family minivans and commercial trucks. From being side-swiped by a distracted driver to catching a thrown tread off a poorly maintained semi tractor-trailer, the prospect of receiving cuts, bruises, broken bones and road rash looks downright sunny next to the dead-end alternative a fatal high-speed crash with another, larger motor vehicle.
Not long ago, two riders died in separate accidents on the same Friday evening here in Maryland. One could say it was a fluke, but with the number of motorcycle enthusiasts on the road these days, a more cynical person would suggest it was simply inevitable. In each of these cases — one in Joppa, MD, and the other in Hanover — the accidents involved questionable riding behavior on the part of each rider. Both motorcycle accidents involved a collision with an automobile.
According to news reports, the accident in Joppa occurred around 7pm on Friday on Joppa Farm Road near Foster Knoll Road. Harford County Sheriff's deputies responded to an accident involving a 2009 Yamaha motorcycle and a 2010 Toyota Corolla. Apparently, 20-year-old Karl Michael Kunz had been traveling north passing vehicles at high rates of speed in a no passing zone when he struck a Toyota Corolla which had started to cross Joppa Farm Road westbound from Foster Knoll Road.
Police reports show that Kunz was ejected from the bike after striking the Toyota’s driver-side door. The Toyota ended up striking a tree and nearby street sign before coming to a stop. Police reports showed that Kunz was taken to Upper Chesapeake Medical Center where he was pronounced dead.
The second crash involved a 2004 Suzuki GSX R 600 that ran a red light and hit a 1992 Nissan 300 ZX. Police reports indicated that 25-year-old Gustin Samuel Page was heading westbound on his Suzuki along Dorsey Road at about 6pm when a the Nissan made a left turn from Candlewood Road onto eastbound Dorsey Road. Page apparently couldn't slow down for the red light, causing him to hit the passenger car on the left-hand side.
Page was taken to Baltimore Washington Medical Center where he was pronounced dead. The Nissan’s driver, Norman Walter Faber Jr., 52, of Churchton, also was taken to BWMC with injuries that were not life-threatening. Witnesses told police Page was driving recklessly and speeding before the crash, including riding on the rear wheel of the motorcycle.
Motorcyclist Killed In Joppa, WJZ.com, April 27, 2010
Man Killed In Motorcycle Accident In Hanover, WJZ.com, April 27, 2010
The accident took place on Bowie Shop road, near Lowery Road in Huntington, MD. According to reports, the couple had been traveling westbound through Calvert County just before midnight when for some reason their 2007 Harley Davidson entered the westbound shoulder of the roadway. According to police at the scene, 43-year-old Flint Duffey was piloting the vehicle with his wife, Tracy, seated on the back. (It was unknown at the time whether or not the accident was cuased by rider error or defective vehicle equipment.)
The husband apparently steered to the left and applied brakes in order to avoid leaving the pavement; however he lost control of the motorcycle, which apparently laid over and slid on its side across the roadway. Both riders were reportedly ejected from the motorcycle, which came to rest following a collision with the eastbound guardrail.
As we’ve said here before, regardless of whether you ride a cruiser, standard or so-called crotch-rocket, motorcycle crashes can result in serious injuries depending on the nature of the crash and whether or not another motor vehicle, such as a passenger car or commercial truck, is involved in the traffic accident. Head trauma is always a possibility, though helmet use can improve a rider’s chances of severe injury or possible death.
In this instance, no other vehicles were involved and the Duffeys survived the crash with non-life-threatening injuries. Emergency responders arriving at the scene treated the couple, who were then transported to the Prince George's Shock Trauma by Maryland State Police helicopters. They were both listed in stable condition at the time of the news report, and police were still investigating whether alcohol or prescription drugs use was a factor.
Two Injured in Calvert Motorcycle Crash, SoMD.com, April 5, 2010
Living and working in the Baltimore area, I and the other Maryland injury lawyers at our office know that bicycles make up a percentage of vehicular traffic in Maryland, Virginia and the District. As tragic as this bicycle accident was, it’s not the only one and sadly will not be the last.
Bicycle and motorcycle crashes, whether caused by the driver of a passenger vehicle or commercial truck, can be serious at best; fatal at worst. Like the one reported here, the odds of a rider being killed by a large motor vehicle are quite high. For those who survive such encounters, bodily injuries can range from cuts and bruises to broken bones and traumatic head or spine injury. Hospital costs for such extensive injuries can run in the tens of thousands of dollars.
In this particular case, a motorcade was on its way through the D.C. streets at the same time that many commuters were heading home from work. Among them, Holden was on her bike just after 6pm as she attempted to cross the intersection of 12th Street and New York Avenue. According to news accounts, a police officer told her to move back. As she did so, one of two National Guard trucks struck the woman.
Witnesses said that the height of the large trucks made visibility difficult. However, there reportedly was a ground guide on foot working to direct the larger vehicles, but that individual apparently missed the impending collision.
The D.C. National Guard reportedly has been part of the security contingent for motorcades such as the one that day, however at the time of this accident this was reportedly the largest gathering of world leaders in the city to date, which may have contributed to the potential for tragedy. The commanding general in charge said that there had never been a deadly accident such as this in the past.
Holden, also a talent artist in her private life, had been a reporter for Science since 1970, according to a statement from the journal's publisher, the American Association for the Advancement of Science. Among her awards was one from the National Mental Health Association for stories she wrote in 2003 on new developments in understanding and treating schizophrenia, depression and other mental health issues.
Bicyclist Killed in Collision With Guard Vehicle, MyFoxDC, April 13, 2010
As Maryland injury attorneys, I and my colleagues understand how even the simplest error in judgment can mean the difference between life and death on a city street or a country road. Such was apparently the sad case in a bicycle-auto crash not long ago that claimed the life of a father and husband.
According to news reports, the victim of the accident was a 43-year-old bicycling devotee from Owings Mills, MD. Lawrence Bensky was apparently an intrepid cyclist who would think nothing of riding his bike from Bel Air to Ocean City. Regardless of the difficulties, family and friends reportedly said nothing could slow this rider down.
Being a passionate cyclist, Bensky enjoyed riding and the challenges it presented. That all came to an end on a Tuesday afternoon in April when the rider and a friend where caught up in an unexpected crash that left Bensky dead at the scene and his 45-year-old riding buddy seriously injured.
Police reports indicate that the accident occurred near Butler and Falls roads in Baltimore County. The initial police investigation shows that 64-yrear-old Faith Frenzel was driving her Toyota Echo westbound on Butler Road around 4:30pm when she struck Bensky's bike as it was travelling on the shoulder of the road. According to reports, Bensky’s bicycle became lodged in the front of the car.
After hitting Bensky, Frenzel then struck the second rider, Joel Alan Wyman, with her vehicle sending both cyclists off the road. By the time emergency personnel arrived, Bensky could not be saved. Wyman was treated at the scene and then transported to Sinai Hospital, where he was listed in serious condition at the time of the news report.
Police said Frenzel had not been charged in the collision, but the investigation was ongoing at the time of the news article. Regardless of the outcome, it is obvious that more needs to be done in the area of bicycle awareness including what some advocate as the three-foot rule to help give cyclists some breathing room when automotive traffic is concerned.
Family recalls bicyclist killed in crash with auto in Owings Mills, BaltimoreSun.com, April 8, 2010
Where a driver of a car or truck is relatively protected in the case of a crash, a motorcyclist and his or her passenger can receive the direct impact from another vehicle. Motorcycle occupants can also be thrown far from the scene of a bike wreck. As a result, motorcycle accidents have rather high injury rates that include broken bones and lacerations, neck and spine injuries, traumatic head injuries, and other permanent and non-permanent injuries.
Wearing a helmet is one of the best choices a motorcyclist can make to improve his chances of surviving a bad motorcycle crash. The proper helmets can reduce the incidence of fatal head injuries by a large percentage. The use of various protective outerwear and good footwear can also mean the difference between minor and serious injury, or even death.
Sadly, the Maryland legislature may adopt legislation that allows some riders to decide if they wish to wear a helmet or do without. According to the American Motorcycle Association (AMA), House Bill 1282 and Senate Bill 492 would provide exemptions to the motorcycle helmet law currently on the books in Maryland.
Authored respectively by Delegate Curt Anderson (D-Baltimore) and Senator John C. Astle (D-Annapolis), the new law would apply to operators or occupants of three-wheeled enclosed-cab motorcycles or operators of two-wheeled motorcycles who have been licensed for at least two years, or those who have completed a motorcycle rider safety course. An adult passenger riding on a two-wheeled motorcycle would also be able to choose whether or not he or she wishes to wear a helmet as long as the operator is exempted under the law.
Our experience as Baltimore motorcycle accident attorneys tells us that whenever helmets are not worn, injuries can be more serious. It’s a fact that no matter how well you prepare, there is always a chance that you could be involved in an accident on your bike. It makes no difference whether the cause is driver error, another driver’s negligence, excessive speed, or alcohol or substance use, an accident is an accident; outfitting oneself with a helmet is cheap insurance and better protection than none.
AMA News & Notes: May 2010, ama-cycle.org, April 9, 2010
Even so, traffic accidents like car-bike crashes can and do happen. For owners of Yamahas, Ducatis, Harley-Davidsons and Buells, avoiding a traffic accident is a full-time job when operating a motorcycle on public roads. Heavy traffic and rush hour congestion only increases the risk to bikers of every kind.
Not too long ago, a couple unrelated traffic accidents sent two riders to the hospital on the same day. Based on news reports at the time, one of the motorcyclists was involved in a single-vehicle crash in Pasadena, while the other hit a large sport utility vehicle in Glen Burnie.
According to police reports, emergency responders were called to the scene of the first accident at Mountain and Hickory Point roads in Pasadena just before 2pm on a Sunday afternoon. The police call indicated that a 72-year-old rider had hit a pothole and apparently lost control of his bike. Paramedics arriving at the accident scene treated the man and then transported him to the Maryland Shock Trauma Center in Baltimore. Based on news reports, the motorcycle rider had serious but not life-threatening injuries.
Later that evening, emergency personnel were alerted to a two-vehicle traffic accident in Glen Burnie around 8:40pm. The bike-SUV crash happened at Point Pleasant Road and Bell Avenue in Marley. The collision involved a Chevrolet Suburban and a Harley-Davidson, according to police reports.
The 48-year-old Harley rider was treated at the scene by Paramedics and then transported to the shock trauma center with serious injuries, according to a Glenn Burnie County Fire Department spokesperson.
Motorcycle crashes send 2 to hospital, HometownGlenBurnie.com, April 7, 2010
It is because of this fact that riding a motorcycle leaves very little margin for error. The freedom of two-wheel travel on the open road must always be balanced by the dangers awaiting even the most careful biker. This is why, as a Maryland motorcycle accident lawyer, I am quick to remind anyone contemplating owning a chopper, cruiser, standard or so-called crotch-rocket, be careful and use every piece of safety equipment available to you.
One recent motorcycle crash points out the potential finality of any traffic accident. According to news reports, a 31-year-old rider died following a collision with a van on Route 301 in Waldorf, MD. The accident occurred late on a Saturday afternoon when Deven Rachar Blackshear hit the side of a 2005 Chrysler Town & Country that was pulling out of a parking lot onto the highway.
According to Maryland State Police, the man’s Ducati was traveling northbound on U.S. 301 near Route 5 just before 6pm when his motorcycle hit the minivan and went airborne. The rider and bike traveled a short distance and collided with a southbound Chevrolet HHR. Police claim that the speed of the 2009 Ducati played a part in the fatal accident.
As a result of the crash, Blackshear reportedly suffered from severe head trauma and a broken neck. He was transported by police medivac helicopter to R Adams Cowley Shock Trauma Center in Baltimore, but died not long after from his injuries.
The Town & Country driver, Abigail Jaye Nabors, 33, of Waldorf, and a 2-year-old child riding in the rear seat of the van were both flown to Children's National Medical Center in Washington, D.C., according to reports.
A 16-year-old who was driving the Chevrolet and a 46-year-old passenger reportedly did not receive any injuries.
Cycle accident kills driver, 31, SdMdNews.com, March 31, 2010
One thing I’ve learned practicing in this area: You can never, ever be too cautious. The lack of protection when cycling is evident by the frequent stories of bicycling enthusiasts who are occasionally injured or killed in traffic accidents. My suggestion to anyone contemplating riding in the city or other congested roadway is to assume nobody sees you on your bike.
Maybe in the future laws will be tightened in favor of the even increasing population of bicycle riders, but until then I also remind motorists -- as a Baltimore automobile accident aattorney --to be vigilant and watch out for cyclists at all times, especially in the warmer weather. Recently an editorial appeared in the Baltimore Sun suggesting that bikes get a little extra room from the four-wheeled neighbors.
According to the author, Maryland should seriously consider adopting the so-called Three-foot Rule, which could make the roads safer for everyone. This call follows an observation that many cycling fans find riding a bike much too danger for their taste.
Does riding a bicycle really have to be so dangerous? One suggestion to bring a balance back to the car-versus-bike equation is adding bike lanes. There are, says the writer, a number of simple legislative options that can go further than road markings would.
Adopting the three-foot safe-passing distance law is one such approach that is under consideration (H.B. 461) in the Maryland General Assembly. Sponsored by Delegate Jon Cardin, at the time of the article it was stalled in the Environmental Matters Committee. Apparently the co-chair of that committee, Delegate James Malone, opposed a nearly identical bill last year mainly over concerns of enforceability.
The author points out the genius of this legal option, which requires no dedicated funding and would mandate that motorists give three feet between themselves and a cyclist under most circumstances (unless there is already a bike lane one the road or if the cyclist isn't following certain state requirements).
Can it work? According to the article, 14 states and the District already have versions of the law currently in effect. There are numerous pros and cons, but if lives could be saved and injuries reduced, why not consider it?
To make our roads safer for bicycles, Maryland should adopt the '3-foot' rule, BaltimoreSun.com, March 21, 2010
As a Baltimore motorcycle injury attorney, I support an individual’s right to choose how they will live their life, even if the risks are more than some people can accept. So long as the state of Maryland allows bikers to rider their machines on the city streets and rural roads, they have the same rights and responsibilities as passenger car drivers and truck operators.
In my position, I often hear of fatal motorcycling accidents that would give most people pause. Recent news of a crash in Charles County is one such incident. According to Maryland State Police in La Plata, there was a traffic accident on Route 301 that resulted in the death of a rider and injury to two other motorists. At the time of the news article, police were still investigating the crash.
Based on reports the accident occurred sometime after 5pm in the afternoon when a white 2009 Ducati ridden by 31-year-old Deven Rachar Blackshear collided with a van and one other vehicle in Waldorf, MD. News articles said that Blackshear was traveling north on Route 301 near Route 5 when his motorcycle collided with a 2005 Chrysler Town & Country minivan that apparently pulled out out of a parking lot onto the path of the oncoming bike.
Upon hitting the Chrysler, the motorcycle and rider were apparently thrown into the oncoming path of a southbound Chevrolet HHR. Responding to the accident scene, rescue workers transferred the rider to a Maryland State Police helicopter for transport to Baltimore Shock Trauma for treatment of serious head trauma and a broken neck. The man was later pronounced dead as a result of those injuries.
The occupants of the Chrysler were also injured. Thirty-three-year-old Abigail Jaye Nabors, who was driving the Town & Country minivan received facial injuries, and a toddler, who was riding in the back seat of the van and whose injuries were unknown, were both flown to Children's Hospital in Washington D.C.
A 16-year-old driver and 46-year-old passenger in the HHR were unhurt in the accident and did not require any medical attention. According to Maryland State Police, speed does appear to be a contributing factor in this crash.
Motorcyclist Dies, Two Others Injured in Waldorf Crash, TheBayNet.com, March 23, 2010
Waldorf Man Dies in Three Vehicle Motorcycle Accident, SoMD.com, March 28, 2010
Motorists also have a hard time identifying motorcycles in traffic. Because of this, a smaller Suzuki or Yamaha two-wheeler can go unnoticed until it’s too late. As a Baltimore injury lawyer, I‘ve read too many time about motorists turning directly in front of a bike in broad daylight only to say they never saw the rider or his bike. That’s a scenario that many riders learn about first hand, and it only takes once to make that point clear.
A recent news reports indicated that a resident of Ann Arundel County pleaded guilty to a charge of negligent homicide in the drunk driving-related traffic accident that killed a Glen Burnie motorcycle rider last summer. The accident happened on Baltimore Annapolis Boulevard last August when a 2004 Acura driven Alida Roxana Holyoke, 27, apparently turned in front of a motorcycle rider causing him to crash, the woman then left the scene of the accident.
Police investigators piecing together the accident scene determined that the rider, William "Shawn" Jacobs, had the right of way when Holyoke turned. The man’s 2008 Harley Davidson hit the side of Holyoke’s car causing the man to be thrown off the bike.
Paramedics responded quickly to the car-motorcycle accident, treating the rider, who investigators discovered had also been drinking that night, then transporting him to the Maryland Shock Trauma Center in Baltimore. He never made it to the hospital, suffering a cardiac arrest on the way. He was pronounced dead just after 3am.
A witness to the accident followed the woman, who drove to a local gas station where police eventually caught up to her and took her into custody. At the police station Holyoke’s blood-alcohol content (BAC) was measured at 0.19 percent, more than double the legal limit for driving. At sentencing she could face up to 15 years in jail and a $15,000 fine -- however, state guidelines call for probation to two years in prison.
Woman pleads guilty in fatal crash, HometownAnnapolis.com, March 26, 2010
With summer just around the corner, I don’t wish bring readers down, but the fact that more and more bicyclists will likely be hurt or killed in a traffic accident in the years to come is likely a good bet. I was reminded of this by a recent news article that talked about the Baltimore cyclist, Jack Yates, who was tragically killed by a fuel tanker truck late last summer.
According to the article, Yates’ family filed a five-million dollar wrongful death suit against the driver of the truck, along with the man’s employer. As most people already know, the 67-year-old Yates was pedaling his bike southbound on Maryland Avenue when he became caught in the trucks rear wheels and run over as the vehicle turned right on Lafayette Avenue. He died at the scene.
The civil suit, which was filed in Baltimore Circuit Court on behalf of Yates' wife, son and daughter, alleges negligence by the driver, Michael Dale Chandler, and his employer, Potts & Callahan Inc., a demolition, excavation and equipment rental company. The suit seeks compensatory damages.
The attorney representing the Yates family contends that Chandler and his employer were negligent because a surveillance video shows the driver turned right without signaling. The lawyer also points out that the driver made the turn without checking to be certain that the path of the vehicle was clear and free of traffic, meaning cyclists or pedestrians.
On the other hand, police investigators had found that Yates was at fault because he was riding in parking lanes and attempted to pass the truck on the right -- an illegal maneuver in Maryland, according to Agent Donny Moses, a city police spokesman.
Although Chandler did not stop following the incident, investigators do not believe the driver was aware of what had happened. "You roll over a body in that size truck, it's kind of like rolling over a pebble," Moses added.
According to authorities, police found the vehicle two days after the collision at Potts & Callahan's service yard. DNA testing of hair and blood on the truck's tires confirmed that the samples belonged to Yates, police said.
Family of bicyclist killed in city accident files $5 million lawsuit, BaltimoreSun.com, March 5, 2010