Professional Documents
Culture Documents
MICHIGAN
November 2012
PROMOTING BICYCLING AND THE SAFETY OF BICYCLISTS ON MICHIGAN ROADWAYS
In This Issue:
Law Enforcement Training Recap UM-Flints Bike Facilities Course Bicycle Friendly Midland Ann Arbor Bike Sharing Bike Summit Reflections And More
See page 5
STEVEN ROACH, LMB Board Chair Winter always fills me with optimism and anticipation optimism that I will regain my form on the trainer and anticipation for spring and new cycling adventures. Your LMB is in training for its spring adventure, which will certainly further strengthen the organization. large appointed board members. All LMB members now have a say on all board matters. Voting will be at the annual member meeting, allowing members direct input. The annual meeting will occur in conjunction with the Lucinda Means Advocacy Day in May. The board also beefed up the nominating committee to nominate four potential candidates for the memberships consideration. The board instructed the nominating committee to give consideration to specific talents needed on the board, geographic hubs of member concentration, and to the diversity that makes our state great. Your LMB is excited with these changes, and we believe that they will result in a vibrant, representative, and energetic board. I hope to see you in the spring at the annual meeting, if not before. Until then, please join me in spirit, riding on the trainer and thinking of spring adventures on the road.
Michigan Bicyclist
Copyright 2012 On the Cover: LMB member Lyndon Babcock during the Coast with Your Community Bike Ride on October 14th which celebrated the newly installed buffered bike lane along Saginaw Street in Lansing See page 5. Photo by John Lindenmayer. Editor, Art & Design: JOHN LINDENMAYER Letters/Comments/Advertisements may be directed to: john@LMB.org
LMB Directors
DAVE BOURGEAULT ERICA BRIGGS COLLEEN BROWN JIM CARPENTER DAVID JONES VIC LUKASAVITZ, Treasurer RORY NEUNER STEVEN ROACH, Chair BARBARA SCHMID, Secretary MICHAEL SHEEAN MICHAEL SPROUL
Earlier this year, I reported on the invigorated standing committees. The board continued its reforms through bylaw amendments that set board term length at three years and provided for annual election of four seats. This will provide greater continuity on the board, as only one third of the seats will change in any given year, rather than the prior system where up to half potentially changed. We replaced regional board seats with all statewide seats. We also eliminated the at
LMB Tours
JIM DOUGHERTY, Ride Leader Shoreline West MARY DOUGHERTY, Ride Leader Shoreline West
Staff
RICH MOELLER Executive Director rich@LMB.org JOHN LINDENMAYER Advocacy & Policy Director, Webmaster john@LMB.org JENNY JENSEN Associate Director jenny@LMB.org
After receiving numerous requests about customizing the booklet, LMB is pleased to announce that starting in 2013, your organization will have the option to add your own logo and contact information to the back cover. The deadline to order customized booklets is January 1st, 2013, and a minimum order of 900 booklets is required. If you do not plan to distribute 900 or more booklets in 2013, please consider your booklet needs over the next few years. Please let us know ASAP if your club, shop, organization or law enforcement agency is interested in ordering customized booklets. Contact Jenny by email at jenny@LMB.org for more information and a pricing sheet.
To encourage more walking and biking on the campus of the University of MichiganFlint (UM-Flint) and its host city, many groups including faculty, students, and staff have been working closely together on innovative non-motorized transportation projects. At the center of these efforts is the UM-Flint Walk and Bike Work Group, which was formed to foster the support of safe, nonmotorized transportation initiatives, policies, and infrastructure across the campus and the greater Flint area. Increased walking and bicycling will lead to reduced congestion on campus; enhance local and regional transportation options for current students, staff, and faculty; aid in attracting future students; and ultimately lead to a safer and healthier community for everyone in Flint. Although the University and the Walk and Bike Work Group have been creating a safer pedestrian and bicycling environment on campus by installing various walking and bicycling facilities, offering sustainable transportation courses, and initiating progressive marketing campaigns such as the Take the Stairs initiative, improper use of existing bicycle facilities and reckless driver behavior remain evident on and near campus. This issue prompted the question: How can we create a safer transportation environment on our campus most effectively? It was concluded that education might be an answer to this question, and that the installation of a physical bicycle skills training area on university grounds could create a safe environment to educate the campus community and general public on proper bicycling, pedestrian, and driver behavior. After conducting research on how other campuses use training courses to teach proper bicycle handling skills, it was determined that few campuses in the U.S., if any, have such courses on-site. See BICYCLE FACILITIES COURSE , page 10
According to an article by Peter Passi from the Duluth News Tribune, Kris and Zach are the first cyclists to ride around all five Great Lakes and the St. Lawrence Seaway in one season. Visit www.bigwaterbike.blogspot. com to read about their adventure from start to finish. LMB looks forward to the release of their documentary and congratulates Kris and Zach on their accomplishment.
After the Q & A wrapped up, Todd Briggs and Sarah Colegrove from Briggs Colegrove, P.C. further discussed the MVC from a civil law point of view and took questions from attendees. They stressed the importance of law enforcement doing a thorough job at the scene of bicycle crashes, especially in cases where a cyclist is unconscious or unable to speak for themselves. LMB would like to thank Kathy Vonk for teaching the course, Lansing Police Department for hosting, and Briggs Colegrove, P.C. for participating in the training. Thank you also to all who attended making LMBs pilot law enforcement training a great success.
A variant of a conventional bicycle lane, a buffered The buffered bike bicycle lane is accompanied lane on Saginaw by a designated buffer Street was installed space, separating the the same week as bicycle lane from the a similar buffered adjacent travel lane. The bike lane along five foot bike lane along Ribbon cutting for newly replaced M-43 Saginaw Highway bridge over the Grand River in Lansing. L to R: Northwestern Saginaw Street includes Andy Kilpatrick - City of Lansing Transportation Engineer, Lisa Benck - Westside Commercial Association Chair, th Lansing Mayor Virg Bernero, Jessica Yorko 4 Ward Councilwomen, Stephen Palmer Lansing Transportation Highway (M-10) in an additional six feet of Service Center Manager, MDOT, and Greg Losch - Construction Engineer, Lansing Transportation Service Oakland County pavement markings, or Center, MDOT. State of Michigan - Department of Transportation, Photography Services. See additional photos (see next page) buffer, giving cyclists of the M-43 buffered bike lane on our Flickr page at flickr.com/leagueofmichiganbicyclists making them the plenty of space for first of their kind in the state. Until now, buffered lanes have been comfortable riding on this heavily traveled road. confined to progressive cities like New York, Chicago, Portland, Seattle, The redesign of Saginaw Street also incorporates shared lane markings, Minneapolis and Boulder, said Josh DeBruyn, MDOT Bicycle and or sharrows, near designated right-turn lanes where there was Pedestrian Coordinator. insufficient room for the buffered bike lane Many credit Complete Streets as the motive for the new buffered bike or a keyhole bike lane to continue all the lanes and see the projects in Lansing and Oakland County as the most way up to the intersections. These markings, dramatic evidence yet of Complete Streets implementation. accompanied by dashed lines and signage are used to help the bicyclist and motorist In 2010, the state adopted a Complete Streets law, calling for an navigate the transition area between the accessible, interconnected and multi-modal transportation network bike lane and turn lane. While drivers are that safely and efficiently moves goods and people of all ages and always required to share the road, sharrows abilities. MDOT finalized and adopted their internal Complete Streets alert drivers that they are much more likely to policy in July as required by this law. encounter cyclists in this location. Sharrows The law is by no means a mandate for bike lanes everywhere, but it has also indicate proper lane position for bicyclists made multimodal thinking the new normal, putting the burden onto to help make them more visible to drivers. Sharrow roadway marking
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Once bicyclists pass through the intersections that use these shared lane markings, the buffered bike lane picks back up.
the state to show a lack of need, exorbitant cost, or inability to obtain a maintenance agreement with local road agencies as reasons to be exempt from compliance. Complete Streets are also being embraced locally all across the state. Michigan boasts over 80 municipalities the most in the country who have adopted Complete Streets ordinances or resolutions. Lansing passed their ordinance in August 2009, followed by a non-motorized plan both driving factors behind the Saginaw Street bike lane and other enhancements the city is making to their bicycle network. Lansing Mayor Virg Bernero said that the bike lane marks a big moment in public transportation in Michigan. Complete Streets commands the city to always consider sidewalks and bike lanes when we are doing any restoration work or new work on roads. Stephen Palmer, Lansing Transportation Service Center Manager for MDOT, reinforced the Mayors comments with his own in an interview with the Lansing State Journal. We found that once you provide safe walking and biking transportation, people will use it. It opens up a lot of opportunities for people to decide what type of transportation they would like to use, Palmer said. You no longer have to just select a car. While MDOT and the City of Lansing are to be commended for their successful collaboration on this innovative project, a tip of the bike helmet also goes to persistent Westside residents, who started advocating for the bike lane back in 2005. Neighbors and local businesses began asking for changes to the roadway by attending countless meetings with city and state leaders, organizing letter-writing and phone campaigns to elected officials, and collecting petition signatures from bike lane supporters across the city. As a state trunk line, Saginaw Street is under the control of MDOT. Jessica Yorko, now 4th Ward Councilmember, and other Westsiders including the Westside Commercial Association, demonstrated great persistence and perseverance in their desire to improve the safety and accessibility of Saginaw Street for all users. See Buffered Bike Lane, page 7
New M-10 Buffered Bicycle Lane: Enhancing Mobility for Oakland County Bicyclists
M-10 (or Northwestern Highway) stretches through Oakland County between Southfield and Farmington Hills. The highway was constructed originally as a four lane road with two 12 shoulders. Following a recent resurfacing, a three mile section of M-10 has received a new treatment: Michigans first buffered bicycle lane. Traditional bic ycle lanes are becoming more common around the country and here in Michigan. Bicycle lanes help create order in the roadway by clearly delineating a space for bicyclists and motorists. The buffered bicycle lane is an innovative new facility often used on roadways with higher speeds (>45 mph) and/or high traffic volumes. The M-10 bicycle lane consists of the standard 5 wide bicycle lane adjacent to the curb, with a 7 painted buffer between the bicycle lane and motor vehicle traffic. The buffered bicycle lane provides greater separation between bicyclists and motorists improving the safety and comfort of both.
To bring attention to the cross over locations at designated right turn lanes, the bicycle lane includes a special green pavement marking treatment. The green pavement markings are the width of the bike lane outlined with white lines. These areas are designed to alert motorists and bicyclists that they are at a potential conflict area. In these areas, all road users should exercise heightened awareness. M-10 is the first state roadway to use the green pavement markings. Motorists traveling on M-10 are permitted to cross the bicycle lane to enter driveways. However, motorists must yield to bicyclists when turning right. Michigan Department of Transportation (MDOT) is excited to be a leader in implementing this innovative design on Northwestern Highway along with a similar buffered bicycle lane on M-43/West Saginaw highway in Lansing. Safety of all users of the roadway is always the goal. Bicyclists are reminded to follow all rules of the road and obey all traffic control devices including traffic signals.
Prepared by: Tom Pozolo, MDOT Operations Engineer, Oakland TSC; Josh DeBruyn, MDOT Bicycle and Pedestrian Coordinator; and Deirdre Thompson, MDOT Bicycle and Pedestrian Safety Engineer.
Green pavement markings at right turn lanes along the new buffered bike lane on M-10 in Oakland County. The green paint is intended to help bicyclists and motorists navigate the conflict area between the bike lane and turn lane. Photo taken during construction of M-10 buffered bike lane in Oakland County. Photos by Josh DeBruyn.
It went back and forth between the city and MDOT for years, said Yorko. Bike lane supporters stuck it out through three MDOT transportation service center managers. The newest manager, Steve Palmer, embraced the idea of a bicycle lane along Saginaw Street and worked to advance the project soon after taking over the position. He should get a gold medal, Yorko added. The first victory, however, came back in 2008 when the city agreed to do a traffic analysis to determine the feasibility of a two-way conversion or lane reduction. To the delight of Yorko and other cycling advocates, the analysis showed that performing a road diet would not cause any congestion concerns. Saginaw Street was designed for much higher traffic volumes than it now receives, said Andy Kilpatrick, Lansing Transportation Engineer. The construction of I-496, suburbanization of the region, as well as the closing of two automotive plants on the Westside of town contributed to the under utilization of this route over the last several decades. The decision to reduce the number of travel lanes from four to three reversed nearly 40 years of auto-centric transportation planning along the corridor. In 1965, Saginaw Street was widened and converted into a one-way, which many believe was a key factor contributing to the decline of business and residential areas along the corridor, culminating in a 70% vacancy rate for commercial property in 2005, according to Yorko. The new bike lane connects Lansings Westside into the River Trail system, which also received extensive improvements. In conjunction with the Saginaw Street bridge reconstruction, the River Trails cramped underpass below the bridge was reengineered to address flooding problems and to offer more head room for bicyclists. A new path was also added on the Westside of the river, connecting Adado Riverfront Park to the northside of the river. The city plans to extend this section of trail even further next year, according to Kilpatrick.
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While buffered bike lanes are new, and will undoubtedly take a bit of adjustment for drivers and bicyclists alike, LMB reminds drivers that the 6-foot buffer is actually part of the bike lane Download MDOTs bicycle lane brochure to learn and not the automobile lane. Motorists more: LMB.org/bikelanes should always make right turns from the automobile travel lane, not from the buffer zone or the bike lane. Drivers should always yield to cyclists going straight at an intersection, just as you would a pedestrian in a crosswalk or on a sidewalk in front of a driveway.
Bike Lanes Dont Just Improve Safety They Improve Our Economy Too!
A recent University of Massachusetts study evaluated job opportunities created by 58 infrastructure projects in 11 U.S. states. The results found that cycling projects create a total of 11.4 local jobs for each $1 million spent. Pedestrian- The buffered bike lane along Saginaw St. (M-43) being painted after the road was put on a road diet . only projects create a little less employment, with an average of 10 jobs for the same amount of money. Multi-use trails create 9.6 jobs per $1 million but road-only projects generate only 7.8 jobs per $1 million. A similar study that examined infrastructure projects in Baltimore, Maryland published similar results: pedestrian and bike infrastructure projects create 11 to 14 jobs per $1 million of spending while road-only infrastructure initiatives create just 7 jobs per $1 million of spending.
On October 6th, Governor Snyder strapped on his bike helmet before riding Detroits Dequindre Cut during his visit to announce the Globe Outdoor Adventure & Discovery Center project. Funded by the Natural Resources Trust Fund, the project will convert the derelict Globe Trading Co. building on Detroits east riverfront into a center for taking part in outdoor experiences, which will include a climbing wall, kayaking simulator, zip-lining, demonstrations on Michigans historic lumber industry, and more. It is scheduled to open in 2013 or early 2014. As the Governor noted, today I will bike the talk. After the announcement, Governor Snyder biked with Department of Natural Resources Director Keith Creagh and others along the greenway from Milliken State Park to Eastern Market, on rental bikes from our friends at Wheelhouse Detroit. He later commented on Detroit being one of the best cities in the country for biking.
BICYCLE FACILITIES COURSE , cont. from page 2 This lent further credence to our efforts to establish a skills course on UMFlints campus. Therefore, in the spirit of UM-Flints Go Blue, Live Green program, and the mission of the LMB to support programs and projects that facilitate safe bicycling, the walk/bike work group developed a plan to install a Bicycle Road Skills Course on a seldom used private service road on campus. During the fall of 2011, the walk/bike work group subsequently applied for a grant through Genesee Countys Safe and Active Genesee for Everyone (SAGE). The grant was awarded and plans for implementation ensued during the spring and summer of 2012. To ensure that the course met Michigan Department of Transportation (MDOT) and American Association of Highway and Transportation Officials (AASHTO) regulations, Fleis and Vandenbrinks engineer and LMB board member, Victor Lukasavitz, PS/CZA was asked to design the course. The course includes several bicycle features such as bicycle lanes, sharrows, various traffic symbols, cross walks, a parallel parking lane, a bike box, and more. Additionally, informational signs will soon be installed that provide a title and brief description for the various elements within the course.
TOP: Signage typically used on the back of other signs along roads with bicycle lanes alerting cyclists to ride in the direction of traffic. A shared lane marking or sharrow can be seen in the background. Sharrows are road markings used to indicate a shared lane environment for bicycles and automobiles. While motorists are always required to share the road, sharrows alert drivers that they are likely to encounter cyclists in this particular area. Sharrows also indicate proper lane position for cyclists, making them more visible to drivers and preventing them from getting squeezed by drivers passing too close or cut off at intersections. BOTTOM: Bike boxes are a new engineering treatment that create designated areas at signalized intersections that provide bicyclists with a safe way to get ahead of queuing traffic during the red signal phase. They are intended to improve awareness and visibility of cyclists and to help prevent dangerous right-hook collisions. (NOTE: U of M-Flint did not paint this demo bike box in the standard green and white [wonder why?] color scheme and instead opted for a more spirited maize and blue. This photo was taken before the white stop bar was painted just prior to the start of the bike box.) Photos courtesy Greg Rybarczyk, Ph.D., & Victor Lukasavitz, PS/CZA.
Its exciting to offer the opportunity to teach basic bicycling skills and safety to the campus and community, said Ali Harris, UM-Flints Walk and Bike Program Intern. We are delighted to be one of the pioneering colleges in the nation that offers this type of opportunity. UM-Flint is always looking for exciting ways to encourage a Go Blue, Live Greener lifestyle and thanks to SAGE, Fleis & Vandenbrink Engineering, M&M Engineering, and various members of our group, this course is a perfect way to do just that. Lukasavitz noted, The next step is to educate communities and engineers on the economic benefits these types of facilities provide, such as improved tourism, which promotes increased spending, reduces health costs, obesity, carbon emissions, and improves a persons quality of life. I have communities tell me they cannot afford to build these multiple modes of transportation but my reply is that communities simply cant afford not to. In terms of the value this training course holds in academia, Dr. Rybarczyk from the Earth and Resource Science Department at UMFlint stated, The bicycle skills course is an ideal educational and advocacy tool that can easily be integrated throughout a variety of classrooms on campus. Incorporating this course has far reaching benefits in terms of training the next generation of transportation planners while they are students and open-minded to alternative transportation modes.
Most users are also motorists, so during demonstrations, pedestrians and a vehicle are on site to help motorists, pedestrians, and bicyclists understand how to share the road and look out for potential hazards. For reference, participants, are given LMBs What Every Michigan Bicyclist Must Know and What Every Young Michigan Bicyclist Must Know booklets.
Currently, the course is open for use to the campus and public, and plans are underway to offer formal courses to the community during the spring, summer, and fall semesters of 2013. The group hopes youth, families, college students, experienced and non-experienced riders, and other organizations from around the state will partake in the classes.
Providing an on-campus bicyclist educational tool allows students to learn-bydoing, which is at the center of the universitys mission to provide UM-Flint students a comprehensive and valued education. The bicycle skills course has the potential to become a model for other universities that want to increase non-motorized transportation modes on campus. It is hoped that this project will inspire other colleges and communities nationwide to install educational facilities similar to this to help to create a healthy, active, and sustainable environment. For more photos and information on the course, visit www.blogs. umflint.edu/walkandbikegroup or email Ali Harris at amisner@umflint. edu or Dr. Greg Rybarczyk at grybar@umflint.edu.
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Shortly after the collision, a written report should be issued by the police department. As a party to the collision, you have the right to request a copy of that Crash Report. We always recommend getting a copy of the report to ensure that the facts are correctly stated. If the officers summary of the facts is glaringly inaccurate or there are other missing pieces of evidence, such as a witness statement or contact information, then we recommend contacting the investigating officer as soon as possible to rectify the discrepancies. Be a squeaky wheel, but always be courteous and respectful. Keep a log of your calls, messages and discussions with the officer. If the officer fails to return you calls, we suggest going up the chain of command by calling his or her supervisor. Explain clearly and concisely the errors in the report or the issues you have with the crash investigation. When ending your telephone call with the supervisor, indicate that you will follow-up the call with a letter. Mail the letter to the investigating officer and copy the supervisor. Summarize the conversation in the letter and request the relief you are seeking such as amending the crash report, issuing a ticket, or changing the offense in a ticket already issued. Always keep copies of any correspondence. In the case where you are dissatisfied with the ticket or charge issued to the driver, you can also try to appeal to the officer or prosecutor to reconsider their decision. In our experience, it is extremely difficult to motivate an officer or prosecutor to change a ticket or charge after it has already been issued. However, in the case where no ticket is issued and you truly feel that the officer has not properly assessed the evidence, then it would be advisable to take action. Following are some tips regarding the items most likely to cause an officer to reevaluate his or her investigation or ticket. New or additional evidence: Any time you have evidence that assists law enforcement to properly evaluate a matter, we advise producing it to the investigating officer. For example, if a witness surfaces that was not interviewed on the day of the incident, provide the officer with the witnesss name, address, telephone number, and summarize his or her anticipated testimony. Tip: Dont rely on the police to gather all of the evidence: Oftentimes, witnesses do not wait for the police to arrive at the scene, especially where response time might be longer. If you were involved in the collision, do your best to collect contact information of witnesses. Better yet, ask your cycling buddy to do this for you. Keep a copy of any information supplied to the officer. Also, if you have a helmet camera or camera phone, take video and photos of the scene from all angles. Document the point of impact on the automobile. Take photos of the roadway to document potholes, debris, skid marks, damage to foliage and other items that may not remain the same over time. Potholes that have been there for months can be filled by road crews the following day or debris can be removed by street sweepers. Photos and videos are especially important if temporary weather conditions such as rain or snow played a role in the collision. Helmet camera footage can also document how the crash occurred if you were knocked unconscious. For additional tips on preserving
If you are hit by an automobile, always call the police to report the incident. The officer will investigate and determine whether or not a citation will be issued to the driver. In the case of a collision that results in death or serious personal injuries to the bicyclist, the driver may be arrested or charged with misdemeanor or felony. As stated above, if you are injured or there is damage to your bicycle, you may also have a civil action against the driver for personal injuries, wage loss and property damage. By calling the police to investigate, you will be documenting the incident and preserving evidence for both the civil and criminal action. Once the officer arrives at the scene, he or she will investigate by interviewing the parties and witnesses, inspecting the property damage, and gathering other evidence. Oftentimes, when fault is clear, a traffic ticket is issued to the at-fault party at the scene of the collision. If the officer is not persuaded that a law has been broken, or, in the case of unclear liability, the officer may decide not to issue a ticket. In collisions where the cyclist is killed or seriously injured, the ticket or formal charge may not be issued until the officer has had enough time to properly analyze the evidence.
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evidence, read our Crash Checklist posted at LMB.org/legaldesk. Misconstrued Facts: Read the police report carefully. The report might fail to list that there were passengers in the vehicle, a fact that could become important if the passengers were distracting the driver and caused the collision. The police report could also incorrectly state key descriptive data, such as how the crash occurred, the weather or road conditions on the date of the incident or the time of day. Contact the investigating officer, furnish the office with the correct data and request that the report be amended. Offer to forward any corroborating documents or evidence to support your claim. For example, if the officer indicates on the report that the weather was clear and dry when it was rainy on the day of the incident, provide a copy of the weather report for that day. Again, be courteous to the officer. The key is to motivate the officer to correct the report so that it is as factually accurate as possible, and to cause the officer to re-assess the matter in light of the new information.
log of your attempted calls. If you do not make contact by telephone, we recommend writing a letter to the prosecutor or city attorney that explains clearly and concisely the relief you are seeking. Include copies of all supporting documentation such as photos and summaries of witness statements. Again, keep copies of all correspondence and documents. If after trying all of the above, you still do not receive a response, we recommend taking a hard look at the facts and evidence in your case. Is there sufficient evidence to impose the charge you are seeking? You may need to seek the advice of a criminal attorney to accurately assess the evidence and applicable law. If you determine you are saddled with a stubborn veteran or inexperienced rookie who made a mistake, then it may be worthwhile to keep trying. At this point, you will need to get creative. Utilize all resources and contacts and be persistent. In our experience, though, if there is sufficient evidence to go forward with a criminal case, the police officer or prosecutor will pursue the matter without being prodded. It is in the law enforcement officers best interest to swiftly and accurately handle and address matters. If there is insufficient evidence to support the alleged crime, then most officers and prosecutors will not proceed with the criminal action. In that case, your only recourse may be a civil action. It might make you feel better to know that most, if not all, cyclists feel that the penalty imposed on the automobile driver is too light. When a crime has been committed and the act is not intentional, then the ticket or charge will rarely measure up to your expectations. We find this to be most true when a bicyclist is killed by a motor vehicle. Most offenses involving motor vehicles do not carry significant penalties or result in lengthy jail sentence, because, even if the bicyclist is killed, the actions of the driver usually do not rise to a level where intent or gross negligence is found. That is why it is important to follow the rules of the road, wear a helmet (even though the law doesnt require it), and always ride defensively in order to do your best to avoid collisions. Should you be struck and injured by a motor vehicle, we always recommend that you seek medical attention immediately and seek the advice and counsel of an attorney familiar with the laws that apply to bicyclists. In our next article, we will discuss a case in which a bicyclist was intentionally hit by an automobile driver, and the officer investigating the crash did not issue a ticket to the driver. With our assistance, six months after the crash, the officer finally did issue a ticket for a felony felonious assault with a motor vehicle. We will also share a copy of our letter to the police officer, so you can use it as a reference should you ever find yourself in a similar situation.
2012. Todd E. Briggs and Sarah W. Colegrove. Todd and Sarah are lawyers in private practice. In addition to helping athletes injured in bicycle and sports-related accidents, they concentrate in the areas of civil litigation, including personal injury, commercial litigation, probate and estate planning law. Todd and Sarah are competitive cyclists, triathletes and adventure racers. Each has competed in many national and state running, biking and triathlon competitions, including the Hawaii Ironman. You can read past articles from Sarah and Todd on our web site at: www.LMB.org/legaldesk Briggs Colegrove, P.C. 660 Woodward Ave., Suite 1523 Detroit, MI 48226 (313) 964-2077 | briggscolegrove@aol.com
No Response From Police Officer? Next Step: Contact Prosecutor or City Attorney
An officer may still not issue a ticket in cases of unclear liability, even if you follow the above steps. To prevent overloading the criminal system, police officers have discretion to issue tickets and to determine what matters get forwarded to the prosecutor. There may also be other reasons why you are not getting any response to your queries. An officer may be swamped with other cases, or they could be on leave, or working on matters with higher priority. If you truly feel that the officer is not properly assessing your bicycle crash, however, and you have exhausted all other options, then it is possible that the officer could be abusing his or her discretion. If you suspect this, then we recommend approaching the prosecutor directly. The prosecutor is the chief law enforcement officer. More serious offenses such as a misdemeanor or felony are usually forwarded by the officer to the prosecutor for review. The officer will gather all of the evidence and present a package to the prosecutor. The prosecutor reviews the package and determines whether or not to issue a charge that must then be authorized by a judge. Technically, the prosecutor can order an officer to forward information relating to an incident. In practice, though, the prosecutor usually waits for information to be forwarded from the officer. Before you can contact a prosecutor, you must determine the appropriate entity to contact. If no ticket has been issued by the police, then it will be more challenging to determine who to contact. Depending on the type of offense, the city attorney or the county prosecutor would review the case. For example, a civil infraction would be reviewed by a city attorney, while a felony would be reviewed by the county prosecutor. You may have to contact both entities to cover all of your bases. Due to the fact that prosecutors usually wait for information to be forwarded by the police, you will have an uphill battle. First, it may be difficult, if not impossible, to make contact with a prosecutor or city attorney by telephone, especially in larger communities. Always leave messages and keep a
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something that added to landscape appeal or at least that didnt detract from it. The problem was that in the early stages, bike shelters were either highly custom or looked like a woodshed from the barnyard. About 10 years ago, we began working with two architectural firms to design an exclusive line of standard bike shelters. Inspired by European aesthetics, these shelters add sophisticated architectural appeal as well as safety and security options the biking community demands. People were pretty skeptical when we started with our bike shelters. Today, this line accounts for five percent
provided the opportunity to pick each others brains (even the competitions) to enhance our own ideas. The Summit gave me a chance to talk with others about the positive moves we are seeing. In Michigan, Im encouraged by the implementation of Complete Streets. In Ann Arbor, for example, the bike facilities the city is adding are definitely being used. Educational institutions also continue to be leading advocates for biking. MSU does a great job promoting cycling through leadership from MSU Bikes Service Center, and U-M was recently ranked one of the top 35 most bike-friendly universities by the League of American Bicyclists. And I couldnt help but smile when I learned that Ann Arbor Pioneer High Schools Class of 2010 gave the school a bike shelter as its traditional parting gift.
Although its great to see the increase in bike facilities across the state, I do have concerns that some communities arent doing enough on the education front yet. Bikes and cars havent learned to coexist peacefully in all areas. Many drivers still consider bike lanes as right-turn lanes. I see the education of TOP: Michael Arvidson (left) with other members of the Michigan delegation during the 2012 drivers as one of our National Bike Summit in Washington D.C. BOTTOM: Parachute Bike Shelter by Duo-Gard Industries prime targets for the Inc. at University of Michigans North Quad in Ann Arbor. See more bike shelters and parking by future of the cycling Duo-Gard Industries Inc. at duo-gard.com. movement. I believe, of our total sales. And even the skeptics are over time, people will learn to safely share the now convinced that the biking movement is a road. The quicker this education can progress, force to be reckoned with and supported for the better for everybody, and Im extremely economic, environmental and health reasons. excited to help in this process. I was thus surprised that Duo-Gard was one of only a few manufacturers at the Summit. Thats despite the obvious movement of biking from recreation to a recognized mode of transportation with a lot of economic and environmental ramifications. The Summit brought together all the sectors involved and I also want to be involved in furthering bicycle commuting. Although this is a growing segment, its still less visible than others, such as recreational trail riding, or mountain biking. As a member of LMB, I hope to raise interest and governmental support for commuting issues. By supporting and working with action-
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oriented groups like LMB, Im confident that Michigan bicycling will continue to improve. Finally, another great thing about the NBS is that anyone whos a bicyclist is welcomed and encouraged to participate. Personally, I hope to see more manufacturers involved. Yes, were all busy, and its sometimes hard to find time for everything we know to be worthwhile, but the Summit is an opportunity for us all to make a difference. The 2013 Summit centers on Biking Means Business. No doubt about it, and I plan to be there.
Michael Arvidson is Executive Vice President of Duo-Gard Industries Inc. in Canton, MI. The company is a leader in sustainable products and strategies for the architectural and design communities. The company was named one of the Michigan 50 Companies to Watch in 2012.
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q New
q Renewal
LMB is excited to again be organizing the Michigan delegation at the 2013 National Bike Summit to be held March 4-6. LMB works diligently behind the scenes leading up to the Summit to coordinate meetings between cyclists and their Congressional representatives. Weve seen some new Michigan faces attend over the last few years and are hoping to see even more in 2013! The 2013 Summit is going to be a big one. This years theme is Bicycling Means Business. For more than a decade now, your voice at the Summit has helped dramatically increase investments in bicycling at the state and local level. But this spring, Congress tried to write biking out of the new transportation bill. Funding for bicycling was cut, but because of advocates like you it was not eliminated. Register and Learn more at: bikeleague.org
Calling All Michigan Bike Shops: Come to the Summit for Free!
The National Bicycle Dealers Association understands the close relationship between federal funding and the success of bicycle retailers. Thats why they are offering 24 scholarships to first-time Summit attendees who work at bike shops. Not only will this scholarship pay for your registration for the 2013 Summit, but it will also fund your travel and lodging, too. What are you waiting for? Apply at: bikeleague.org/conferences/summit13/nbda.php
Join, renew, or donate by check or credit card today! qVisa Please make checks qMasterCard payable to: qDiscover League of Michigan Bicyclists q American Express
Name on Card Card #
Standard Road Merlin Bicycle Mens 54cm titanium frame, drop bars, 27-speed. Mavic Classics wheels, Ultegra triple. Use your pedals, saddle. $1,500, cash. 517-796-4990 (Jackson, MI) 9 am to 9 pm for photo by email. If you buy, well meet (in Michigan LP), to avoid shipping.
Card Address (q
Same as Above)
Grand Total
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14
MICHIGAN BICYCLIST
416 S. Cedar St. Suite A, Lansing, MI 48912
LeagueofMichiganBicyclists @MIBicyclists Dated Material: November, 2012