City ordinance blames bicyclist for collision
By Brittany Shammas (Last updated: 09/25/09 12:12am)After she was struck by a car while riding her bicycle across Harrison Road, Liz McDaniel was left with a sprained arm, two missing front teeth, a broken bike and the blame for the accident.
“You know how when you hear your life flashes before your eyes — It sounds cheesy, but it’s true,” McDaniel said. “It was a slow-motion minute: this car coming toward me and I can’t do anything.”
The journalism freshman now has two “flipper” teeth as temporary stand-ins until she can get a set of titanium implant teeth. Her arm is out of its splint. But what she said she doesn’t understand, and what others don’t understand, is how police consider the accident her fault.
Because she was riding rather than walking her bike in the crosswalk on Harrison Road when she was struck by the vehicle, the driver was not at fault, McDaniel said police told her.
A city ordinance prohibits bicyclists from biking faster than walking speed, East Lansing police Capt. Tom Johnstone said. Although enforcement of the ordinance is laxed— officers typically don’t hand out tickets to people who bike across crosswalks at above walking speeds — it is intended to keep pedestrians safe, he said.
McDaniel said she and many of the people to whom she has told her story were unaware of the ordinance. Kinesiology junior Katie Wilson said she did not know of the rule and disagreed with it.
“If that is a rule and you can’t ride your bike across the street, then they should have bike lanes on every road instead of every other so there are still other options for bikers to cross the street,” she said.
But officers write tickets using their own discretion, and none were written within the last year, East Lansing police Chief Tom Wibert said.
“Really, it’s not a common ticket at all,” he said, adding it likely would be enforced only in the case of an accident.
A university ordinance takes regulation of bicycles on crosswalks further, requiring bicyclists to walk across the crosswalk, said MSU police Sgt. Randy Holton, who oversees the department’s traffic and alcohol unit. Holton said although he could not give a “black and white” answer, the crosswalk is considered an extension to the sidewalk. A university ordinance bans bicycles from sidewalks. Bike paths or the right side of the street are intended for bicycles, he said.
“Sidewalks are made for people to walk on them,” Holton said. “Crosswalks are called crosswalks because people walk on them.”
Taylor said she couldn’t give an estimate as to the number of bike-car collisions that occurred in crosswalks, but accidents reported to police include everything from collisions between bikes and cars, bikes and pedestrians, bikes and bikes and bikes and objects, such as curbs and trees. Whether a collision occurs on a crosswalk is not recorded, she said.
The purpose of the ordinance is to keep pedestrians, bicyclists and drivers safe by separating them, Holton said.
“The goal is not like we want to go out and write a bunch of tickets,” he said. “We’re looking at safety. Safety is our No. 1 concern.”
McDaniel said she is “lucky to be alive” and can’t wait to get on her bike again — this time, with a helmet.
Originally Published: 09/23/09 9:42pm


















should have followed basic safety principles
09/23/09 11:19pmif she took the extra 10 seconds it takes to get off the bike and walk it across the crosswalk like you are supposed to, she would have not been in her situation
MSU bike ordinance
09/23/09 11:45pmAs an MSU student I was aware of the East Lansing ordinance that says bikers must only bike in a crosswalk at a “Walking speed”. But who is going to decide what a walking speed is? What about runners that use the crosswalk? Many times a runner could be moving faster than a leisurely biker. Aside from that…how can MSU have an ordinance that makes it illegal for bikers to use sidewalks when they do not provide bike paths/lanes on all roads around campus?
...View full comment »
Kristin
09/24/09 12:09amAs a driver who has almost hit several bikers, I agree that bikers really need to slow down when crossing the street. Drivers look for pedestrians approaching an intersection before proceeding through. This includes surveying the 5-10 feet of sidewalk leading up to the intersection. If there’s no pedestrians there, then it should be safe to drive through the intersection. A biker could be 20-30 feet away from the intersection, traveling at a high speed, and not be seen when the driver looks for pedestrians.
...View full comment »
Ben
09/24/09 12:35amCars should not be able to turn right on red. That way bikers/pedestrians would have a clear path without having to worry about cars turning when the biker/pedestrian has the right of way.
Turning right on red is a law leftover from the 1970s – it needs to be taken off the books for the safety of people who are not driving!
Car Free Campus
09/24/09 12:38am“Holton said…the crosswalk is considered an extension to the sidewalk”
When will MSU stop letting cars drive through crosswalks, then? We don’t allow vehicles to drive on sidewalks, so if the crosswalk is a sidewalk, stop vehicles from driving through them. It’s time for a vehicle free campus already.
TB
09/24/09 8:53amBikes belong in the road even if there isn’t a bike lane and cars need to respect their right to be in the road.
I believe the rules on campus are that vehicles need to yield to pedestrians in the crosswalks. I don’t think most people know or observe this rule. As a driver, I usually have to get to the crosswalk and wave the pedestrians through. As a pedestrian I have to be prepared to run if the car isn’t going to yield to me.
There should be some enforcement and education regarding this.
Lori
09/24/09 10:51amI quit driving on campus because I was terrified of hitting a biker not following the road rules. I’m all for biking to work/school, but bikers ride on sidewalks and crosswalks add 2 extra lanes of traffic for drivers to navigate. If you do choose to bike on the sidewalk, at least ride with the traffic instead of opposed to it.
Spartan Mom
09/24/09 12:19pmWhat the article did not say is that the car that hit my daughter was stopped at the intersection. When the light changed she went ahead and hit her. If she would have been walking her bike it would have still happened. The driver was obviously not paying attention, and hit the gas as as soon as the light changed to green. If this is an ordinance why are there no signs posted. NO ONE WALKS their bike on campus.
MSU alumni
09/24/09 12:39pmIf the car was stopped at the light as the mom of this student says, then the driver was at fault. Put yourself in the situation…whether walking, riding or even driving a car, if there is something in front of you, you don’t hit it!
Brian Striver
09/24/09 1:00pmSome bikers around here are ridiculous. To be honest, I am not surprised more are hit in a single day. I have had some close calls with almost hitting some with my car. I know it might suck to get a jaywalking ticket or be the blame of an accident, but more often than none, these bicyclists are riding with no caution. I can’t believe I just said that I sound like a freakin parent. Anyway, yeah that sucks for that chick. She should just accept her mistake and be lucky shes not dead. Cars always win vs. bikers by the way people. Just clarifying that..
tedman
09/24/09 1:40pmI agree with mom on this one.
I’ll bet the driver of the car is politically connected or is a member of the police department. Notice that the name and age of the driver was not mentioned. Hmmmm
Kristen Monroe
09/24/09 2:49pmAs a friend of the bicycler and her family, this article did a very poor job of explaining the accident. I would also like to know which ordinances the City of East Lansing and MSU have regulating bicycles on campus. I see the specific ordinance number wasn’t given. I
I’m also concerned by some of the responses I read above. I myself have almost hit bikers and walkers on campus (because many do not pay attention while crossing the road) and would expect to receive a ticket if I hit someone because I was not in control of my vehicle. It still amazes me that there were no consequences for this woman. If Liz had been paralyzed or killed, would this woman still have gotten off scott free???
Liz's bodyguard
09/24/09 3:02pmBigger does not always mean better. People in cars always think they can do what they want. In this case in involved driving over a freshman. I don’t recall the part of my driving test that states it’s “legal” to hit a biker in the crosswalk. I do however remember reading that’s pedestrians have the right of way. PAY ATTENTION PEOPLE.
Bicyclist
09/24/09 3:16pmIt’s too bad the article wasn’t better written so we could understand what happened. It does seem to be established that the light had turned green for the driver. It seems most likely that the bicyclist was careless and rode into the crosswalk just as the light was changing, even though the Don’t Walk light must have been lit for some time already, and she was moving fast enough that the driver who was starting up didn’t have time to react.
...View full comment »
Bicyclist
09/24/09 3:20pmAlso, the information in the article about East Lansing ordinances is incorrect. In particular:
“A city ordinance prohibits bicyclists from biking faster than walking speed, East Lansing police Capt. Tom Johnstone said. Although enforcement of the ordinance is laxed(sic)â officers typically donât hand out tickets to people who bike across crosswalks at above walking speeds â it is intended to keep pedestrians safe, he said.”
The officer (or the writer) is mixing up two parts of the East Lansing ordinance, which actually say the following (in section 44-431):
(2) A person riding a bicycle across a roadway upon a crosswalk shall not exceed a walking or pedestrian speed.
(3) A person operating a bicycle upon a sidewalk, pedestrian mall, or across a roadway upon a crosswalk, shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrians.
Notice that the requirement in paragraph (2) for a “pedestrian speed” is not a general requirement for all situations, as implied by the quote, but instead applies only within crosswalks.
...View full comment »
Bicyclist
09/24/09 3:35pmThe key thing that many people don’t understand about Michigan law regarding crosswalks is the following from the Michigan Vehicle Code section 257.612:
(a) If the signal exhibits a green indication, vehicular traffic facing the signal may proceed straight through or turn right or left unless a sign at that place prohibits either turn. Vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians and bicyclists lawfully within the intersection or an adjacent crosswalk at the time the signal is exhibited.
Notice in particular the use of the word “lawfully” in the second sentence.
...View full comment »
Kevin
09/24/09 4:07pm@ Ben
Changing right turn on red laws would accomplish little, since cars still have to contend with pedestrians and bikers crossing from the parallel sidewalk.
I think it’s fair to say bikers and drivers are at fault an equal amount of the time. It seems like Liz is getting some unfair blame in this instance.
I was very nearly hit by a woman talking on her cell phone at a 4-way stop intersection earlier this week.
...View full comment »
mara-kame
09/24/09 4:26pmI 1000% agree w/ you Bicyclist, I have to drive my car to work b/c i live to far from campus to ride my Bicycle, but EVERYDAY i see a stoopid Bicyclist most likely a student risking their lives for NOT knowing the rules and/or not following those, I am also surprised this does not happens more often and like someone else posted If you do choose to bike on the sidewalk, at least ride with the traffic instead of opposed to it.
btw…it is Bicyclist NOT Bikers.
Scott
09/24/09 6:14pmIt seems as though a lot of details are missing from yet another story. Nothing reports how Liz actually approached and used the crosswalk. A lot of comments seem to assume that she was just riding along and choose to blow across the road without regard of the signal at the time.
Comments from her mother seem to indicate that she may have been waiting for the light to change along with the stopped car (of course that is an assumtion as well).
What drivers on campus need to realize is that it is a college campus. They need to be more aware of what is happening outside of their vehicles.
John McDaniel
09/24/09 11:34pmThe cross walk shows six whole seconds of Walk, followed by 17 seconds of flashing red. When the pedestrian light goes solid red do-not-walk, north-south vehicle traffic gets an immediate green light. Anyone in the cross walk becomes an immediate target for an inattentive driver. Try it yourself and see how far across Harrison Road you get in six seconds.
The City of East Lansing indicates the timing is within their standards, but it will change this sequencing so that both pedestrians and vehicles will see red all directions for a few seconds. Hopefully, this will prevent what happened to Liz happening to anyone else, on bike or on foot.
Ancient Alum
09/25/09 9:57amWhat the article did not mention is that State Law requires vehicles to “ALWAYS YIELD” to pedestrians and bicycles. The driver of the car should have received a ticket; for some unknown reason she did not. I feel I must agree with the person who commented that the driver must be someone well known in the community or a friend of the officer. Also, all of the other articles I have read have listed the name and age of the driver. Why was this information left out of this article?
Bicyclist
09/25/09 1:11pmTo Ancient Alum—
You’re wrong about the state law—there’s an exception to the “yield” requirement. Please see my earlier message, about the fifth above yours, where I quote the actual Michigan Vehicle Code that shows why the driver did not violate a law.
Ancient Alum
09/25/09 3:30pmBicyclist,
If you are referring to this statement, “Notice in particular the use of the word âlawfullyâ in the second sentence. If a pedestrian or bicyclist enters a crosswalk after the Donât Walk light has started, or in violation of another law, such as East Lansingâs requirement that a bicyclist travel at pedestrian speed, that person is no longer protected by the right-of-way laws, because that person is not âlawfullyâ within the crosswalk.
That is why the driver was not at fault in this case.
...View full comment »
Bicyclist
09/25/09 5:57pmYou need to go back and read the article and the comments again.
First of all, I was telling you in the last message that your statement about state law requiring a motorist to “ALWAYS YIELD” is incorrect. There is in fact an exception to the law, which you apparently did not know about. Your statement was incorrect.
Second, the original article explains the law that the bicyclist violated.
...View full comment »
Cyclist in GR
09/26/09 11:03amThe negative publicity against us cyclists these days is getting out of hand. As the account of the cyclist, which they failed to include in the article, if she had been walking the driver would have probably hit her anyways.
The cyclist started going when she had the right of way, while the driver gunned it to turn, and ordinances or not, the driver was at fault.
Furthermore, I agree in that there need to be more bicycle lanes, if not an increased awareness of sharing of the road. It boggles my mind that such a big college town with a huge cyclist population has such a negative view on us.