My Response to the Chief

Chief Johnson,

Firstly, let me thank you for taking time to respond to my letter. You
have solidified my respect for you and your position. Also, I'm very
glad that as a fellow cyclist you've got my sympathies at heart.

I cannot disagree with any of the details you've thoughtfully
described in your response. I am glad that BC Police are withholding
blame until this crash is fully investigated. I apologize for basing
my criticisms on preliminary media information.

I can't help but wonder how this tragic crash plays out in the context
of the recent campaign to help prevent future bike/ped deaths by
educating those most vulnerable- the bicyclists and pedestrians. I do
acknowledge that they may indeed be at fault sometimes, but to focus
on increasing the lawfulness of those most at risk seems like we're
ignoring the far more critical problem- the drivers' responsibility.

I don't know about you, but when the BC Police ask me to ride my
bicycle more lawfully it really doesn't make me feel more protected
from injury and death.

When you or I or any other well-intentioned driver injures a cyclist
we carry responsibility regardless of fault. "I didn't see them" or "I
couldn't stop in time" is not a valid excuse. When I ride on multi-use
paths I carry the responsibility of not injuring pedestrians whether
they are walking lawfully or not. Why? Because I am the more dangerous
vehicle. And, what if they are walking erratically or are partly
obscured by the terrain? I must slow down,  give the widest berth
possible and become extra vigilant. It is my responsibility to do so
merely because the pedestrian is more vulnerable. Obvious to me, is
that those operating 4,000 pound vehicles moving at 2-3 times bicycle
speeds have the same responsibilities to bicyclists and pedestrians.
Indeed, they have a greater responsibility because the risk of deadly
injury is so much greater. It's a common rule of respect- protect the
vulnerable. Why are we not harshly reminding drivers of this at every
possible occasion? There is no surprise here- bicyclists and
pedestrians are on our roads and they are us.

When you and I and the BC Police have done everything in our power to
remind drivers of this, then and only then can we remind
pedestrians how to walk safely.

Safe riding.         -Bob Wagner

- Show quoted text -

A response from Chief James Johnson

Bob Wagner

bobwag (at) gmail.com

 

Dear Mr. Wagner:

 

I have reviewed your comments and concerns regarding the recent WJZ report on pedestrian and bicycle accidents being on the rise in Baltimore County.  Specifically, I am responding to your concerns that the police reported that the truck driver may not be at fault and that the bicyclist was not wearing a helmet, was riding in the middle of the car lane, and that the truck driver had a blind spot when he came over a hill.  I am unaware of any police report on this crash stating that the bicyclist was at fault because of the aforementioned reasons.  Given that the WJZ report is dated May 6^th, two days after the crash occurred, any information learned or obtained at that point in the investigation would be preliminary observations with no conclusion as to fault.  Please understand, how preliminary information is reported by the media or how it is construed by the public is beyond the control of the Police Department.

The police report of public record for this crash indicates, by numeric code, that the bicyclist was not wearing any safety equipment.  There is no statement of fault attached to this observation.  The report indicates that the bicyclist was traveling north in lane #2 (the center lane) of three northbound lanes (2 northbound lanes and 1 transitional lane for exiting and entering Interstate 695).  There is no statement of fault attributed to this finding.  The report includes a statement from a witness that heard the truck driver state that the bicyclist must have come up on his blind side.  Again, the cyclist was not indicated as being at fault because of this finding.  In fact, the police investigative report concludes the truck driver, not the bicyclist, to be at fault for the crash.    

As a fellow avid cyclist, having participated in five Cycle Across Maryland (CAM) Tours and numerous Century Rides, I share your concerns about cycling safety and the need for motorists to respect the rights of cyclists.  I ensure you of my continuing commitment to traffic safety in Baltimore County for cyclists, as well as pedestrians and motorists.  In support of this commitment, Baltimore County Executive James T. Smith and I recently announced an initiative to reduce traffic crashes involving pedestrians and cyclists in Baltimore County.  This initiative will include three important components: Education, Enforcement and Engineering.  The Police Department plans to contribute significantly to the Education and Enforcement components.  I regard with interest the current effort of the Maryland State Police to develop curriculum for police officers on Maryland traffic laws relating to cyclists.  I would be receptive of exposing our officers to this training.

Thank you for voicing your concerns.

Sincerely,

James W. Johnson

Chief of Police   

Chief James W. Johnson
Office of the Chief
Baltimore County Police Department
700 East Joppa Road
Towson, Maryland  21286-5501
410-887-2200, Fax: 410-887-4958
E-mail:  jwjohnson (at) baltimorecountymd.gov

A Little Advocacy

Dear Baltimore County Police and County Executive,


I recently read the following article:
"Pedestrian accidents, especially fatal ones, are way up in Baltimore County" http://wjz.com/local/pedestrian.accidents.2.1679674.html
If correctly reported, this article highlights how poorly the Baltimore County Police understand MD law as it relates to bicyclists and pedestrians.
We should all know that everyone over the age of 16 is not required to wear a helmet when either bicycling or walking on MD roads. (thank goodness) Also, the state law allowing bicyclists and all other vehicles access to the full lane has been clearly stated for decades.
8 dead so far this year and the voice from BC Police is to blame the vulnerable for these incidents? What a sad way to treat our Marylanders. There must be a more sensitive and constructive way of approaching this, don't you think? The only thing that scares me more than being hit from behind by a well-meaning, but inattentive driver, is imagining Chief James Johnson explaining fault to my wife.
-Bob Wagner, a Marylander, a Baltimore citizen and a long-time bicycle commuter.