Archive for the ‘Safety’ Category

Courts reduce road agency liability

Thursday, May 3rd, 2012

It’s already difficult to sue road agencies under state law for the quality of the road beneath your tires.

MCL 691.1402 GOVERNMENTAL LIABILITY FOR NEGLIGENCE

Each governmental agency having jurisdiction over a highway shall maintain the highway in reasonable repair so that it is reasonably safe and convenient for public travel. A person who sustains bodily injury or damage to his or her property by reason of failure of a governmental agency to keep a highway under its jurisdiction in reasonable repair and in a condition reasonably safe and fit for travel may recover the damages suffered by him or her from the governmental agency. The liability, procedure, and remedy as to county roads under the jurisdiction of a county road commission shall be as provided in section 21 of chapter IV of 1909 PA 283, MCL 224.21. Except as provided in section 2a, the duty of a governmental agency to repair and maintain highways, and the liability for that duty, extends only to the improved portion of the highway designed for vehicular travel and does not include sidewalks, trailways, crosswalks, or any other installation outside of the improved portion of the highway designed for vehicular travel. A judgment against the state based on a claim arising under this section from acts or omissions of the state transportation department is payable only from restricted funds appropriated to the state transportation department or funds provided by its insurer.

Remember that in Michigan bicycles are not vehicles, therefore road agencies can’t be sued for defects in bike lanes or on paved shoulders.

That’s both good and bad. It’s good for countering road agencies arguments that bike lanes raise their liability. They don’t. In fact, they can reduce it. That’s not our opinion. That’s the opinion of the Michigan State Attorney General’s office.

The bad part is this lack of liability removes a motivating factor for keeping them well maintained. Then again, the roads aren’t in all that great a shape either.

Gravel doesn’t count

Last week the Michigan Supreme Court clarified the road liability a little more. They said the Road Commission for Oakland County (RCOC) could not be sued for gravel that accumulated on a road. That gravel allegedly caused a motorcycle crash.

From the Spinal Column:

“Basically the law states that a defect must be in the traveled portion of the road and the higher courts interpretation is that it must be in the road bed itself and the gravel was simply a dusting on the surface of the road that you would see anywhere on a daily basis,” [RCOC attorney Paula] Reeves explained.

Michigan law established that if snow and ice are on a roadway, the RCOC is not liable for any damages. Subsequently the Supreme Court last week issued an opinion stating under Michigan Law the agency is not culpable in this incident since RCOC is responsible for keeping the roadway in “reasonable repair,” and loose gravel on a roadway does not fall under this definition.

“The courts took this logic and extended the law to apply to gravel,” Reeves noted.

This ruling could likely be applied to a bicyclist crashing on gravel in a vehicle travel lane.

Again, this is good and bad for the same reasons mentioned earlier.

However, if reducing the liability means more bike lanes, we’ll take it.

We’ll deal with the occasional gravel.

 

Bike lane education in Detroit

Wednesday, April 18th, 2012

Every city goes through an initial learning period with new road design elements. Local examples include HAWK signals and roundabouts.

In Detroit, there have been discussions on driver and cyclist education on bike lanes. They’re relatively new to many neighborhoods. Eventually people learn how to behave around and in bike lanes, however, an effective educational campaign can speed up that learning process.

And there are some potential educational options being discussed and even developed.

At the state level, bike lanes are briefly and sporadically mentioned in the Secretary of State’s booklet, What every Driver Must Know.

We really like this video that was produced by the city of Minneapolis.

They also have an educational video on shared road designs.

 

What’s preventing more people from biking?

Friday, March 9th, 2012

CBS Detroit recently reported on entrepreneurs developing a bike that automatically shifts.

The company’s idea and business plans won first-place honors on Friday, Feb. 10, in the Intercollegiate Business Plan Competition hosted by Eastern Michigan University’s Center for Entrepreneurship, and representatives were to present to the OU INC Investment Review Board at OU INC on Tuesday, Feb. 14, to win additional funding opportunities. Company co-founder Sean Simpson said the Ann Arbor Spark loan represents a key step forward in AutoBike’s efforts to provide casual bicyclists with a means to ride a bike at a steady cadence without having to push levers or turn knobs.

“Our technology allows even the most novice bicyclists to always be in the right gear, because instead of teaching the rider how to shift, we taught the bike how to,” the company’s Web site explains. “The AutoBike bicycle riding experience can best be described as a stress-free ride in the park.”

While the intention of this article is not to critique this technology but to critique the idea that some new bike technology is the answer to stress-free riding.

It isn’t.

Having an optimal cadence isn’t going to make riding in the product’s hometown of Troy “stress-free.” Implementing the non-motorized master plan the city of Troy paid for and put on the shelf would be a step in the right direction. Or building Complete Streets.

What’s primarily holding Metro Detroiters back from riding more is the condition of the riding environment and the perception that it’s not safe. We hear that all the time and it’s a common problem in many other cities across the U.S.

Detroit’s Golden Era of Bicycling

And consider the technology when bicycling was at its peak in Metro Detroit – the 1890s.

There were no gears to shift. Everyone rode fixed gears, and in most cases, the bikes didn’t even have brakes.

Why was bicycling so popular then? Detroit’s streets were quite welcoming to cyclists of all abilities and there were more dense land uses, which meant shorter distances between destinations.

If you want to see the Autobike, here’s a video they produced.

Looks like it’ll work in London, too.

 

Detroit’s new bike lockers

Thursday, March 1st, 2012

Did you know Detroit recently added six new bike lockers?

What are they? They are storage units for parking you bicycle. They offer a very secure, comprehensive means of securing your bike, but especially those fancy bikes with expensive, easy-to-remove parts.

Detroit’s lockers are located at the corner of Farnsworth and John R, in the northwest corner of the Science Center parking lot. They’re conveniently in between the Science Center, Detroit Institute of Arts, Scarab Club, and CCS.

Yes, you can now safely park your fancy Amsterdam bike to go admire the DIA’s Dutch Masters and not have to worry that someone might mess with your basket.

These lockers were installed by Midtown Detroit/UCCA as part of the Midtown Loop, Phase I.

While the usage policy has not been posted, but they are open to the public. You will need to provide your own lock and you can’t use the lockers overnight.

 

Birmingham says “no” to Maple Road diet

Wednesday, February 22nd, 2012

We mentioned earlier about the city of Birmingham’s consideration of converting Maple Road from 4 lanes to 3 between Adams and Eton.

Prior to the meeting, the Observer and Eccentric newspaper stirred the mob mentality with the headline “Birmingham’s nightmare on Maple Street.” No, it wasn’t an op-ed.

Mostly negative comments were given during the public hearing.

From the Observer:

The commission came to the same conclusion, voting 6-1 to keep Maple a four-lane road. They did, however, show their support for the concept of trying to narrow major roads to make them more pedestrian friendly, directing staff to begin a Complete Streets study that encompasses the entire city rather than just one particular street.

“Somehow, some way, we’re going to make Maple a better road,” Mayor Mark Nickita said before the vote.

Tom McDaniel was the lone member of the commission to vote against keeping East Maple four lanes, saying the only way to do a valid study of whether the road would work as three lanes would be to re-stripe it for a set period of time and evaluate the results.

City Manager Bob Bruner is a staunch advocate of the Complete Streets initiative, and he thought the timing was right to see if some of the ideas would work on East Maple. Starting in the spring, the stretch of Maple between Eton and Adams is being reconstructed to the same width of 41 feet, giving the city an opportunity to re-stripe the road to one lane in each direction with a center turn lane.

We’ve never seen a road diet studied more than this. The studies and traffic modeling showed it could work, but that wasn’t enough to change public opinion.

As we mentioned in our comments, if it didn’t work as the modeling predicted, it’s just paint. The old road configuration could be restored.

But unless the City tries it, they’ll never know.

As for the Observer newspaper, they showed their 1950s understanding of traffic solving in a follow up opinion piece.

Maple has been a problem road for years. It’s too narrow as it is to handle the flow of daily traffic. If anything, it needs to be widened, not narrowed.

And they probably think the Internet is a series of tubes…