Chicago lawsuit should be a wakeup call for New Jersey towns

The Chicago Tribune is reporting of a $3.25 million payout to the family of a 4 year old girl who was tragically killed why trying to cross the street with her mother and brother.  The basis of the lawsuit is that the City of Chicago did not properly install the stop sign, maintain the crosswalk and the the "No Parking" zone began closer to the stop sign than the law requires.

In my travels all around New Jersey, I see exactly the same conditions that a Illinois court found lead to this girls death.  I've long worried that non-compliance with design standards and New Jersey parking laws not only creates hazards for pedestrians, cyclists and other motor vehicle drivers, but that they also will leave municipalities open to litigation.  It would seem that my concerns are well founded, at least in some parts of the country and I don't see why such a lawsuit couldn't make traction in the New Jersey court system.  Hopefully, towns will learn of this and make the corrections before we have to find out.

Edgewater Park Bike Crash Brings Safe Routes To School Close To Home

This morning on the last day of school A first grader riding his bike to the Magowan Elementary School in Edgewater Park, Burlington County suffered from minor injuries when he was struck by a car on Cherrix St shortly after 8:30AM just a couple of hundred feet from the school entrance.

I have reported on lots of bicycle crashes but this was different for me. 10 minutes after I put my 5 year old on the school bus I saw a rescue squad ambulance racing towards the school, which sent a fearful pang that a worried parent sometimes feels. But I had to bike to the school anyway to drop off some paperwork which eased that feeling.

But then I turned left towards the school I found out why the ambulance blew by. I saw a school bus a Chevy Suburban, several patrol cars and a gathering of people but it was the two bikes on the ground that told the story, a child on a bike was struck.

That bad feeling came back.












A raised crosswalk on Cherrix Street in front of Magowan the crash occurred at another raised crosswalk just a few feet behind from where this picture was taken.

The crash took place at a raised crosswalk, installed several years ago as part of the Burlington County Safe Routes to School initiative. As I rode by the scene I overheard the driver of a large black Chevy Suburban talking to police state - "I didn't see him". Not knowing the circumstances of the crash, I can only speculate that traffic calming may have prevented a much more serious crash. If that's the case then it's money well spent

Perhaps I am most proud of the way that the Principal Betsy Miles explained the story in a memo sent home - "Although this incident was an accident, it certainly shines a bright light on bike safety...On the back of this letter are some basic tips to start your conversation...Have a fun safe summer."

I really expected some negative results, bike to school crashes in small school districts have led to bike bans in places such as Collingswood. But Ms. Miles and her staff should be commended for generating a reasonable response and for seizing a teaching moment. Hopefully the school board will display the same clarity and look at programs to make bicycling to school safer without resorting to a ban on riding bikes to school.

No Fooling - Motorists Must Stop – And Stay Stopped – For Pedestrians In Crosswalks

Trenton -- Attorney General Paula T. Dow and Division of Highway Traffic Safety Director Pam Fischer today reminded motorists that effective April 1, they must now stop - and remain stopped -- for pedestrians in the crosswalk. Prior to this legislative change, motorists were required to yield to pedestrians in the crosswalk.

“For years, too many pedestrians have been dying in traffic accidents in New Jersey,” said Attorney General Dow. “With these changes to our law, motorists and pedestrians will no longer have to play a game of chicken when it comes to maneuvering on our roadways. The law brings new clarity that drivers must stop and remain stopped for pedestrians at intersections and crosswalks, and pedestrians, in turn, must use due care and not jaywalk or step into traffic outside of those crossing points.”

Division of Highway Traffic Safety Director Pam Fischer explained that the agency will be working with law enforcement officials to educate both motorists and pedestrians about the change in the law.

“We’re asking law enforcement officials, when interacting with motorists and pedestrians, to educate them about the change to the law, as well their respective duties and responsibilities when walking or driving,” said Director Fischer. “Our goal is to reinforce the importance of pedestrians always using crosswalks, their safety zone, and for motorists to recognize that when approaching crosswalks they must be alert for pedestrians and stop and stay stopped to allow them to cross safely.

“We recognize that we cannot change everyone’s behavior overnight; this will take sustained effort over a long period of time,” Fischer added. “However, through education and enforcement, we can change the culture and improve safety for all roadway users.”

To educate motorists about the new law, the Division has developed an oversized palm card, similar in size to a traffic ticket, that outlines the changes as well as the penalties for failing
to comply. The card will be distributed to all police departments in the state, and made available to high school driver education teachers and defensive driving program providers. The new law will also be detailed in the New Jersey Driver Manual. The public can download it from the Division’s web site, at www.njsaferoads.com.

"This new law complements our ongoing effort to enhance pedestrian safety on New Jersey's busy roadways," said New Jersey Department of Transportation Commissioner Jim Simpson. "Since 2006, NJDOT has completed or funded 205 pedestrian safety initiatives, and just a few months ago we adopted a Complete Streets policy that promotes safe accessibility for all who share our roads."

“Pedestrian safety is a two-way street and it is important that both drivers and those sharing the road take the necessary precautions to prevent injuries and fatalities,” said Motor Vehicle Commission Acting Chief Administrator Raymond P. Martinez. “Continued improvements to engineering, education and enforcement are the keys to enhancing safety throughout our state.”

Motorists violating the new law face a $200 fine, plus court costs, and 2 points on their license. They can also be subject to 15 days of community service and insurance surcharges. Pedestrians may also be cited under state law for failing to use due care when crossing. The law requires them to obey pedestrian signals and use crosswalks at signalized intersections as well as yield the right of way to traffic if they are not crossing within a crosswalk or at an intersection. Failure to comply with the law carries a $54 fine, plus court costs.

Fischer noted that since 2004, approximately 150 pedestrians have been killed annually in traffic-related crashes on New Jersey roadways. In 2009, after a three-year downward trend, the number of pedestrian deaths statewide increased to 157. As of March 26 of this year, 28 pedestrians have been killed in motor vehicle-related crashes statewide, as compared to 48 for the same time period last year. Additionally, since 2004, more than 30,000 pedestrians have been injured in motor-vehicle related crashes statewide.

“While the numbers are once again moving in the right direction, even one life lost is one too many,” Fischer said. “Until we achieve zero fatalities, we must educate both pedestrians and motorists about the importance of remaining alert at all times, and taking personal responsibility for their actions.”

The Division offers the following safe walking tips for pedestrians:

• Wear bright-colored, reflectorized clothing, especially at night.
• Walk on sidewalks or paths and always cross at the corner, within marked crosswalks if provided. If there are no sidewalks, walk facing traffic and make eye contact with motorists.
• Never cross mid-block (unless within a marked crosswalk), between parked cars or by climbing over median barriers. This is not only unsafe, but against the law.
• Look left, then right and left again before crossing, and always be on the look-out for turning vehicles.
• Continue to look for vehicles while crossing, even when in marked crosswalks.
• Learn the proper use of “walk/don’t walk” signals and obey them.
• Walk and cross with others, when possible.
• Do not attempt to cross while talking or texting on a cell phone. Pedestrian inattention is a common cause of pedestrian-motor vehicle conflicts.
• Try not to walk at night or in bad weather, such as rain, snow or ice. (WalkBikeJersey's Advice: If you do need to walk, improve your visibility with a reflective vest and some type of flashing light.)
• If you drink alcohol, have someone escort you to your front door.

Pictured above from left to right: Joel Feldman, father of Casey Feldman; Attorney General Paul T. Dow and Pam Fischer, Irector of the Division of Highway Traffic Safety. Click image to enlarge photo.

pedestrian web page

Op-Ed: NJ Legislature - Parking Trumps Pedestrian Safety

It's amazing what the New Jersey Legislature is capable of doing if you're not watching them close enough.

Unbeknownst to some of the closest followers of all things bicycle and pedestrian in New Jersey (yeah, that includes me), the Legislature quietly passed Senate Bill 1082 (A1775). This law gives municipalities the authority to reduce the distance where it is illegal to park in front of STOP signs and on either side of crosswalks, if the municipality passes an ordinance allowing them the authority to do so.

According to language straight out of the bill itself "The purpose of this bill (law) is to address parking shortages." Never is there a mention how this bill might compromise New Jersey's already shaky pedestrian safety record or that of traffic safety as a whole.

Prior to this new law, the standard distances all across New Jersey were that it was illegal to park 50 feet in front of a STOP sign and 25 feet on either side of a crosswalk. This was done for good reason. To stop for a STOP sign or for a pedestrian in a crosswalk, one needs to see the STOP sign or pedestrian. At a time in the past, distances of 50 and 25 feet were made into law because they were thought to be the minimum safe parking distances to create a sight line by which drivers would be able to see a STOP sign or pedestrian and to be able to react to them.

Now the new law does prohibit changing these standards in school zones and requires best engineering judgment. Still, reducing these sight lines anywhere will undoubtedly have a some negative effect on pedestrian and traffic safety. And it wouldn't be unfathomable to imagine that best engineering judgment could be compromised when local politicians are being pressured to create more parking spaces. Plus a loss of a standard statewide practice has the potential to create even greater confusion as to where it is legally permissible to park a car.

Linwood officer yields to a pedestrian; Deserves praise

I got a sad laugh out of this letter published in The Press of Atlantic City on Thursday, December 3, 2009.

The letter reads:

"Linwood officer deserves praise"

On Nov. 25, at approximately 12:20 p.m., my wife and I were walking our dog, Mick. For about two minutes, we waited to cross west over Route 9 at a designated pedestrian crosswalk. To our surprise, yet pleasure, a Linwood police officer stopped his patrol vehicle in the northbound lane of Route 9 and employed his safety lights, thereby signaling both lanes of traffic to yield to us, which allowed us to cross safely.

We are not impatient people, as we frequently wait several minutes to cross Route 9. And yes, I realize that at that time of day, traffic is usually heavy and was compounded by the holiday.

But my reason for writing this letter is to commend the officer for his courteous action and for enforcing a traffic law that was designed to promote safety for all residents and pedestrians in New Jersey. Thank you, officer, for your courtesy.

RICK McGUIRE, Linwood

Dear Mr. McQuire,

You should NEVER have to wait several minutes to cross a road at a marked crosswalk. While it's great that this police officer did the right thing by yielding to you and using the overhead lights to force people to yield, it should never need to come to that. A driver of a car yielding to pedestrians shouldn't be such an exceptional event that you take the time to write your local paper. It should be a mundane everyday occurrence that doesn't even register in your memory, like stopping at a red traffic light

Drivers must ALWAYS yield to pedestrians in the crosswalk wanting to cross. It's the law!

39:4-36 Driver to yield to pedestrian, exceptions; violations, penalties.

a. The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within a marked crosswalk or within any unmarked crosswalk at an intersection, except at crosswalks when the movement of traffic is being regulated by police officers or traffic control signals, or where otherwise prohibited by municipal, county, or State regulation, and except where a pedestrian tunnel or overhead pedestrian crossing has been provided, but no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield. Nothing contained herein shall relieve a pedestrian from using due care for his safety.
(For complete statute follow link above)