Forces start to rally around a Viers Mill Hawk beacon, but SHA is resistent

Since the death of Oscar Mauricio Gutierrez Osorio of Silver Spring in the Matthew Henson Trail crossing of Viers Mill Road, which came less than a year after a similar fatal crash in the same place, activist have been encouraging the State Highway Administration to add a HAWK beacon to the crossing. Unfortunately, the SHA seems to think the problem is user error.

The highway administration said it has installed additional flashers on both sides of the road, as well as in the median. The problem, said David Buck, an SHA spokesman, is that engineering solutions alone cannot prevent all fatalities. Enforcement and education are also needed — catching speeding drivers and encouraging cyclists and pedestrians to activate the flashers.

Unfortunately, Buck said, citing a crash report and Montgomery County police officials, the two cyclists in the deadly collisions did not push the button to activate the flashers.

Sigh. When Frank Towers went through, there were no flashers or button to press, so yeah, I can't say I'm surprised that he didn't push it. 

“Not only do we want them to push the button to engage the flashers . . . we also want them to dismount the bike and walk across,” Buck said.

That seems unreasonable to me, and I'm not sure how walking their bike makes them any safer. Pedestrians are at risk here too.  But that really is their policy, they should get rid of this sign, which confusingly shows someone riding their bike across.

Bike Maryland has a petition which you can sign asking for a HAWK beacon

Bike Maryland strongly urges the State Highway Administration to install a HAWK beacon, not only at this crosswalk but as needed at other crosswalks throughout the state.

A 2010 FHWA study found that HAWK Beacons, also known as pedestrian hybrid beacons, reduced total crashes by 29%, reduced severe crashes by 15%, and reduced pedestrian crashes by 69%. http://tinyurl.com/hawkbeacons

Locally, both Virginia and Washington, DC use HAWK Beacons effectively. Virginia has effectively deployed them at the crossings along the W&OD Trail. Field data from Washington, DC reported a driver compliance rate of 97.1%. http://tinyurl.com/hawkeval

Bike Maryland had asked for the installation of a HAWK beacon before this crash, back in May when they held a vigil and installed a ghost bike at the site. One big problem

Maryland law does not permit the use of the pedestrian hybrid beacon.

Seriously? Maryland law says that its not illegal to crash in a cyclist in the crosswalk and now that they can't install a HAWK beacon. Does Maryland have the worst laws in the country or what? [They also have a straight contributory negligence standard].

Cedric Ward, director of traffic and safety at the SHA, said that “concerns from a safety standpoint” dissuaded Maryland officials from approving the use of the beacon. Because the beacon changes to a flashing red light at the end of a pedestrian’s crossing, there were fears that a pedestrian would get halfway out through the crosswalk only to have a vehicle proceed when the red light begins to flash, Ward said.

“There would have to be a change in . . . the law for a HAWK to be installed,” Buck said.

Meanwhile the Montgomery County Council, after sending a letter last January asking for SHA to expedite the installation of flashing lights, is now calling for a HAWK as well. 

[Hans] Riemer, the council member, said there is a need to “fundamentally change the dynamic” at the crosswalk. As he sees it, “the State Highway Administration is prioritizing long trips. They want to move cars quickly over long distances.” Instead, Riemer wants the needs of the local community prioritized — the first step being the installation of a stop signal.

They also asked that the law that allowed the driver in the Towers case to walk away without so much as a fine be amended

WABA has also called for a HAWK beacon here as well, as they had done before

WABA pleaded with engineers to design and constructed a traffic light or HAWK signal which would require drivers to come to a full stop. The request was denied, now with deadly consequences.

Fixing the Matthew Henson Trail crossing at Viers Mill Road is just the beginning. This needs to happen now to prevent future injuries and death at this location. But there are dozens of other trail crossings in the Montgomery and Prince George’s County that need attention too.

The delegation from Maryland’s 19th District sent a letter to SHA that did not prescribe a solution but calling on the SHA to "execute a thoughtful solution."

Still SHA sticks to the position that this really dangerous crosswalk that you shouldn't even bike across is for some unknown reason not attracting a lot of traffic and so no new safety features are warranted. 

The SHA said that there are not enough pedestrians using the crossing to justify a pedestrian-activated stop signal.

There are so few pedestrians and bicyclists at the crosswalk during the week and at night, Buck said, that drivers probably would ignore a stop signal.

“We have to make sure . . . are we encouraging people to run red lights?” Buck said.

We can't install a traffic light because drivers would just learn to ignore it? Remember that next time the scofflaw cyclist meme comes out. 

Riemer broached the idea of building a flyover or a pedestrian tunnel as a longer-term solution, but Buck cautioned that either alternative would be difficult to implement.

The bridge would need additional space on either end to allow for a gradual gradient, he said, but a stream traversing Veirs Mill Road poses problems. And a tunnel, he said, would be “very rare” and similarly difficult to build.

SHA's solution

“It’s a combination of everybody . . . doing the right thing 100 percent of the time,” he said.

Perfection? Why hasn't anyone thought of that? Yeah if everyone would just do the right thing 100% of the time that would make the roads much safer. 

Comments

[Barry]

User error is a terrible argument when there's been multiple victims in a year. Their flashers are clearly a failure and they need to own up to it.

[Jeffb]

How do we know the flashers weren't activated? Self-serving statements made by the driver?

I bet if you conducted a test a significant percentage of motorists would fail to notice the lights anyway or, because they are located so far away, have any meaning.

In any event, if the finding stands that the lights were not activated then I'd say the 1% negligence threshold has been crossed and the driver will not have any liability.

[SJE]

Wow, I had not thought of the bike sign. If so, it could be argued that the State law should cover bikers on bikes, not just walking them. The law is arguably confusing, but the SHA has these clear signs. If so, and a person is ON a bike, then it would be unjust to not provide them with protection.

[KevA]

As I mentioned in a previous post, their seems to be new signs on either side of the MHT that say CYCLISTS WALK TO CROSS, pertaining to the Viers Mill crosswalk. Obviously this is in contradiction to the literal interpretation of the cyclist riding their bike in the crosswalk sign pictured in the post above (as viewed by motorists on Viers Mill). Frustrating for everyone to say the least.

[Crickey7]

Cyclists aren't going to dismount. They're just not, and pretending it's their fault if a driver hits them when they're riding is kind of obscene.

[KevA]

With these CYCLISTS WALK TO CROSS signs now installed, can those who don't dismount be held liable for not obeying the signs if there were a future incident, including simple ticketing by MoCoPo with nothing else better to do? Regardless, with cyclists not dismounting and drivers not stopping something clearly needs to happen to increase safety here.

[SJE]

KevA: if the picture says something else, then there is confusion. After all, CaBi says "wear a helmet" but its not against the law if you don't

[antibozo]

Want to repeat my statement that the crossing calls for a proper traffic light. With it being at the bottom of a hill, and drivers feeling unsure whether, if they stop, they'll get rear-ended by the person behind them, any signal that does not have an utterly clear and ordinary interpretation for all traffic is not going to work.

There's a full light crossing only a couple of miles away at Lawrence Avenue and Connecticut Avenue and i'll bet it gets less traffic than the Turkey Branch/Henson crossing.

https://goo.gl/maps/otX93VVQtKv

[antibozo]

Are the new CYCLISTS WALK TO CROSS signs regulatory black and white or cautionary yellow signs?

[washcycle]

Installing the signs is SHA saying that the problem is cyclist behavior. Which isn't really born out by the facts.

I also wonder how they know the light wasn't activated.

[contrarian]

The problem with "cyclists walk to cross" is that once you get off of your bike you're not a cyclist any more, you're a pedestrian pushing a bike. A clearer sign would say "cycling prohibited."

But cycling in crosswalks is not in fact prohibited in Maryland, it is allowed. SHA just hasn't gotten the word, or they don't like it.

[Joe D]

I might well be using a paved trail like MHT on my road bike. Do they have any idea how much less safe I am trying to walk in my road shoes than pedaling across?

[KevA]

The new signs are of the cautionary color variety.

With all these "recommendation" signs of how to proceed thru the crosswalk as peds/cyclists/motorists, and the contradictory MD laws, how can anyone be held accountable if something goes wrong here? It seems the MD laws/policies (outlined in previous posts) are the root of the problem. Until those are addressed and revised in a clear, black-and-white manner, this crosswalk will remain a legal grey area and most importantly, be unsafe for everyone.

[SJE]

Another problem is, IIRC, the crossing is where an old established trail crosses a road. i.e a cyclist using an established route, with the crossing line indicating caution for drivers.

So what happens when other bike routes cross roads. Are we expected to dismount?

[SJ]

NOTE: This topic will be discussed on WAMU radio today (Weds, 8/10) at noon. The guests are Nancy Navarro (county council member) and Cedric Ward (SHA).

[KevA]

MDoT personnel were out at this crosswalk Sunday morning handing out informational brochures about crossing and driving safety: https://goo.gl/photos/FRpcqVpMd1cG3nFA8

This is clearly in response to what has happened here recently as the brochures specifically identify the Veirs Mill @ MHT crossing. The first thing I saw on this thing was WE'RE ON THIS ROAD TOGETHER, which prompted me to ask "Are these being handed out to the motorists, too?". Their response was simply "No, we don't do that." How can this be an effective tactic when only one of two sides is being "informed" about safety here?

Maybe I'll recommend informational kiosks be installed on either side of the crosswalk that are full of pamphlets: How To Cross The Street | How To Dismount From Your Bike | How To Not Get Hit By A Car | How To Find A Good Attorney | What's The Best Insurance For Me :/

[Crickey7]

That's seriously messed up.

[washcycle]

Reminds me of that SNL sketch with Joe Montagna as a guest on a radio show talking about NYC tourism. People would call in and say they'd been shot or stabbed or doused with gasoline and set on fire and Joe would ask if they did something to invite such treatment. Like make eye contact. Maybe they made eye contact, they'd say. "Well..there you go."

Thene he'd talk about one of the brochures put out by the NYC tourist bureau: "So You've Been Shot," "So You've Been Stabbed," "So You've Been Doused with Gas and Lit on Fire," and "The I Love NY Guide to Avoiding Eye Contact."

And him hilariously defending NYC's bad reputation - "NY ranks no. 1 in ONLY one type of homicide, which is a person walking up to a stranger on the street and shooting him."

[Jeffb]

Adding link to recent Kojo Nnamdi show (WAMU) discussing this issue.

http://thekojonnamdishow.org/shows/2016-08-10/when-busy-roads-and-bike-trails-meet