Liberty & Fourth

(I am not an expert) but why, if bicycles are legal road-using vehicles, would not “improper passing/turning” be applicable. This is a common driver error. The police, it seems may be avoiding controversy here. A similar incident in front of now-defunct AnnArbor Cyclery resulted in a driver ticket a year or three ago.

Re: [1] “A similar incident in front of now-defunct AnnArbor Cyclery resulted in a driver ticket a year or three ago.”

The incident is described here: [link] “The report reflects an 03 Hazard Action, which is a “Failure to Yield,” and a Citation Issued for a 257.648, which is ‘Failed to Signal and/or Observe.’ “

That’s terrible — hope you’ll be ok. Did you get the responding officer’s name or a police report? As Dave notes, there certainly are applicable traffic laws.

I am glad to hear you are ok, albeit seriously injured. I went by the intersection maybe 15 minutes later and saw a body of a woman in the street. There seem to be enough helpers so I proceeded on (via my bike).

This is a pretty scary scenario.

I’m always worried about the cars behind me; would never think of that situation.

I wrote to the chief of police asking him:

“Please clarify what happened in this incident and whether bicycle rides do or do not have protection under in the law in these circumstances.”

I can’t imagine that cars have the right of way in the circumstance described here.

It seems to me that the motorist essentially made a right turn out of the left lane.

I found this explanation to be useful: [link]

Does Ann Arbor have traffic regulations specifically related to bicycle lanes?

Kathleen, I hope you are okay and I’m so sorry this happened. Have you heard anything more from the AAPD? I can’t believe that person didn’t get a ticket. Who was the officer?

Thanks Karen, the officer was T.Zdybek. I got a call today from an eye witness who says he saw me hit the car when the car cut me off. The witness is an artist from Georgia who was on his way to the Art Fair, but left his number with another witness and that witness gave his number to Zkybek and she never even called him. Leaving out a material witness. I smell something “fishy”.

First and foremost: do not let AAPD stonewall you. Not only do officers sometimes make mistakes in judgement in traffic calls such as this, they are known (at least occasionally) to ignore rules they know exist. The LAST thing to do is give up. If you have witnesses then you are on solid ground and if you cannot get a proper response from “chain of command” (they will try to protect the officer in these cases), you should consider talking to a lawyer. Also remember: the driver who hit you should have insurance and a lawyer may be your best bet for getting compensation for your injury.

Stonewalling: is a sure sign that a police department knows there’s a possibility one of their officers may have committed an error. In such cases, they try to make the victim feel ignorant and guilty while trying to put up an “impenetrable wall” of confidence on behalf of the officer and the department. It usually works.

Yes, the explanation in the link given by RJM is correct. Cars turning right have to merge into the bike lane. That’s at least what you have to learn in your driving lessons in Germany.

Doesn’t “merge” imply yielding right of way to an oncoming vehicle?

Chief of Police Barnett Jones didn’t answer my email inquiry about the accident. So a snail mail letter is step two:

Barnett Jones, Chief of Police
Police Department
301 E. Huron
Ann Arbor, MI 48104

Dear Chief Jones,

Please reply to the email I sent on July 23, 2011:

from Peter Zetlin pzetlin@gmail.com
to police@a2gov.org
date Sat, Jul 23, 2011 at 6:43 AM
subject ATTN Chief of Police–Car/bicycle accident may have been improperly handled by AA Police

An article in the Ann Arbor Chronicle reports a car/bicycle collision in which the officer did not issue a citation to the driver at fault. The accident was described as follows:

“I was traveling eastbound on Liberty at 8:45 this morning in the bike lane. A car cut in front of me to turn onto Fourth Street and my bike ran into his car. I sustained a serious injury, but am able to walk. The Ann Arbor police officer said that there is no law to protect a
bicyclist in that situation.”

According to the editor of the Chronicle, there is an applicable law: “A similar incident in front of now-defunct AnnArbor Cyclery resulted in a driver ticket a year or three ago.” The incident is described here: [link] “The report reflects an 03 Hazard Action, which is a “Failure to Yield,” and a Citation Issued for a 257.648, which is ‘Failed to Signal and/or Observe.’ “

Please clarify what happened in this incident and whether bicycle riders do or do not have protection under in the law in these circumstances. It would appear that if a bicycle traveling in the bike lane can be cut off by a car turning in front of it, and the bicycle has no protection under the law, then bicycle lanes are too dangerous to ride in.
——

It would be great if Chief Jones received a few more letters from those of us who are interested.

Wow, this is great support. The AAPD has makes me feel like I am some kind of low life and don’t deserve any respect or consideration. It is really nice to read all your comments and know that there are good people out here who will fight for the truth and to do the right thing. Thank you all for your comments and support. I would hope that the driver of the car that I hit would come forward and admit his error. His license plate number is [XXXXXX] on a silver or gold (can’t remember the exact color) Honda. [Editor's note: On first submission, it was included, but we've redacted the plate number, reasoning that while it's relatively easy to get a guilty verdict in the court of Stopped.Watched., this isn't a legal venue.]

Maybe Chief of Police Barnett Jones has been a bit busy the past few days? Just a guess.

The printing of the driver’s license plate number is inappropriate. While it’s fun I’m sure for several people in this town to string up anyone who has committed this ‘alleged’ crime, this is quickly turning into a lynch mob, epecially with publishing this private personal information of someone not here to defend themselves. I’m sending the Chief of Police an email today thanking him for his hard work on catching the Ann Arbor rapist with all the recent budgt cuts to his staff. To bash his office at this point in time for this ‘alleged’ incident is wrong. Or letting Stopped/Watched be used for laying the grounds for a possible civil suit by an individual.

A straightforward approach to this is to send in a FOIA request to the police department for a copy of the police report for this incident. This should get you back some of the details that you want, in a time frame that’s predictable.

The police FOIA form is here: [link]

How are bicyclists and motorists to behave at the Ashley – Huron intersection? The lane on Ashley marked for right turns by motorists is to the left of the bicycle lane. This suggests that motorists wishing to turn right onto Huron are not to merge into the restricted lane before turning, but rather to turn across it.

Is it the case that bicycle through-traffic has the right of way and that the motorist is required to yield to a bicyclist passing on the right before making a right turn across the restricted lane? This seems awkward and potentially fraught with uncertainty for both bicyclists and motorists.

To respond to Alan Goldsmith’s comment that it was “inappropriate to print the driver’s car plate number”.

It is also inappropriate for a driver who is the cause of an accident not to take responsibility for his actions.

It is not the job of the Chief of Police to ensure that his officers know the the laws and ordinances of the city? and that they enforce those laws and ordinances?

No one at the AAPD is feeling sorry for me because I have been cut off from my lively hood. I am a running coach, I earn my living by running and biking with my runners. I can barely walk today.

@Kathleen. I’m sorry for your injury. It shouldn’t have happened. But the entire tone here is two steps below a lynch mob. It was inappropriate for you to have been hurt. But it’s also not appropriate to print this information either. What was the purpose? To publicly shame the driver? To have readers be on the look out for…what reason? I’m giving the Chief of Police the benefit of the doubt for not putting replying to the above email on the top of his to do list with what’s been going on in the City the last few days. And what purpose was served by publishing the officer’s name? It seemed more of an exercise in humiliation and venting than something designed to resolve your issue. You have the floor, the the platform to tell your side of the story but, though it’s not going to happen, I’d love to hear from the driver and the officer too. And thanks to the Chronicle for deleting the license plate number to remove that from the mix and discussion.

@Alan. My reasoning is to ask the public to “share the road”. As drivers and as cyclists we all need to be aware of the hazards out there. The officer on the scene told me that I had no rights as a cyclist and in general a cyclist in AA has the same chances as a squirrel. The officer told me and my husband that is was NOT against a law or ordinance for a car to make a right turn in front of a cyclist, and if that cyclist falls in the process, it is just too bad. A car is a lethal weapon when it comes up against a bike. Just because I was not killed does not mean this is a serious problem on the roads, and I know of tow cyclist who WERE killed under the same circumstances. All I asked was that officer do her job. Ticket the driver for not yielding and all this controversy would never had happened. All I asked of the officer was to tell the facts, not what she “thought” happened. Not to try and tell me that the car was not responsible for my fall and that I fell cause I hit a sewer drain.

Here is the Ann Arbor Ordinance that was not enforced for my accident: [link]

re #21: How sad it is that common sense and courtesy has to be so carefully enumerated for the boors among us.

Ms. Gina,

I see why you are so upset – to be injured, and then ignored, is a double hurt. To be injured from a threat that you had not previously considered can be frightening, as well

My guess is that drivers have not added bikes in bike lanes to their “driver radar”. Until this is a universal thing – like looking for pedestrians at an intersection – it would not be surprising to see other bikers hurt, as well. Sadly, it might take the trauma of injured cyclists to get drivers aware of bikes in bike lanes.

My mother always told me that bikes and cars don’t mix. Maybe she was right, after all.

Whenever I travel abroad I always take pictures of the traffic lights, which usually include a symbol for bikes. Sometimes the bikes get a green ahead of cars, sometimes later.

I’ll be on the look-out for a blinking green light, which would be for cars to turn right, but only if the bike lane is clear.

I think those of us that both bike and drive understand the difficulties and ambiguities of mixing both on the road.

The police officer in this case is rigidly representing the car-only crowd. In the end, the car driver might have gotten his/her ticket dismissed, but would be more aware when he/she turns right.

And, I as a biker will be more prepared for this situation. Too bad someone had to be seriously injured to pass on this safety gem.

Now that we are entering the move-in/football season, we’ll be having a lot of new drivers wandering all over town trying to figure out our truly idiosyncratic road system. I followed one yesterday who desperately wanted to turn the wrong way down some one-way streets. Be careful, everyone. They’re confused.

Top 10 ways to get an answer from the Police Chief

10. Pay an attorney to write a letter for you

9. Ask a police officer what the Chief’s favorite flower is and send a bouquet

8. Speak at a council meeting

7. Give the Chief a citizen’s award for excellence in community relations

6. Write the Mayor

5. Call the fire department

4. Send the Chief a certified letter

3. Find out who actually runs the police department and talk to them

2. Call the Chief’s office for an appointment

And the #1 way to make yourself feel better out there? Swap your bike for a SUV!