Law Offices of Bruce S. Deming, Esq Blog

New Motorcycle Law Permits Riding Two Abrest In Virginia

Tue, 24 Apr 2012 08:00:00 GMT

A new law just passed in Virginia will allow motorcyclists to ride two abrest. While the merits of the law will no doubt be debated for some time, it does put Virginia law into conformance with the laws of 48 other states, and most riders appear to support it. This office believes that while there is increased risk in riding two abrest, it should be a personal decision made by the riders, not a matter of state law. We suppor the change.

DC Cyclist Serious Injured in Accident With Tractor Trailer

Tue, 13 Mar 2012 08:00:00 GMT

A DC cyclist by the name of Shawn Streiff was badly injured the morning of February 28 when a tractor trailer collided with his bicycle. According to the police report, the driver of the rig dragged the cyclist a considerable distance before even knowing that he had struck the bike. Incredibly, the investigating officer from DC's Metropolitan Police Department cited the cyclist, not the driver of the tractor-trailer rig. One of the citations issued to the cyclist included failure to wear a helmet. Apparently the officer was unaware she was issuing a ticket for violation of a law which does not exist: DC does not require that bike helmets be worn by adults. This is a classic example of yet another DC bicycle accident that has been poorly investigated by MPD, to the detriment of the injured cyclist. If there are any witnesses to this terrible crash, which occurred at the intersection of 11th and U Streets, NW, around 8:45 AM on February 28, they should contact my office at (703) 528-4669 as soon as possible. Any information provided could be extremely helpful to the victim.

Automakers Designing Cars That Threaten Safety

Tue, 25 Oct 2011 08:00:00 GMT

Today's Washington Post article on texting while driving is right on. New technology in cars encourages and facilitates reading and sendng text messages,, and contributes to dangerous driver distraction. We feel that texting and cell phone use while driving is as dangerous as drunk driving, and studies have proven it. Driving requires complex thought processing, and further distraction from that degrades driving safety. If you drive, don't text or talk on your cell phone!

Street Calming Project Upheld By Judge

Wed, 17 Aug 2011 08:00:00 GMT

A New York judge recently threw out a frivolous lawsuit demanding that a much needed bicycle lane in Brooklyn by eliminated. Citing alleged dangers to pedestrians and traffic, the suit contended that the bike lane was a menace to society. This office supports more bike lanes as a way of promoting safe interaction between commuting cars and bicycles, and as a way to reduce pollution and downtown traffic congestion. Score one for the New York cycling community.

New Virginia Law Allows Bikes and Motorcycles To Go Through Red Lights

Sat, 26 Mar 2011 08:00:00 GMT

A new law in Virginia effective July 1, 2011 will allow bicycles and motorcycles to proceed through red lights if they wait two minutes and the light doesn't change on it's own. The reason is that two-wheeled vehicles don't weigh enough to trigger most light-changing sensors at intersections. The law makes sense, but I fear it could increase bike accidents. We'll have to wait and see. At least it does reflect appropriate adjustments to the motor vehicle code by state legislators to account for basic differences between two wheelers and cars. We're all in favor of that.

DC Man Hit By Bicycle Dies

Thu, 09 Dec 2010 08:00:00 GMT

Quan Chu, a 78 year-old man from Northwest DC, has died after being hit by a cyclist. Apparently, Mr. Chu struck his head on the pavement afer being struck by a man riding a BMX-style bicycle. The man sped off, and DC police are investigating te matter as a "hit and run." Mr. Chu's wife was also injured in the incident. This is obviously a terrible tragedy, and all the more unusual in that usually it is the cyclist who is injured in an accident. However, when collisions do occur, either between two or more bikes, or between a bke and a pedestrian, the results can be catastrophic. Two years ago, I represented a cyclist who suffered a "La Forte" style fracture of virtually every bone in his face, when another cyclist collided with him after running a stop sign at night. Fortunately we were able to locate insurance coverage despite the absence of a motor vehicle's involvement, and were able to recover substantial compensation for the injured cyclist. Our thoughts and prayers go out to Mr. Chu's family for their terrible loss.

Bike Commuting Getting Bigger in DC and Arlington

Mon, 29 Nov 2010 08:00:00 GMT

A Washington Post Article this Saturday highlighted the rapd growth of bicycle commuting in the DC region, thanks largely to the success of DC's bike share program, and the installation of miles of new bike lanes downtown. While it is estimated that less than 2% of the city's daily commuters use bicycles in lieu of cars, these efforts to reduce pollution and provide green alternatives to cyclists wishing to bike to work are commendable. At the same time, a lot of people who are using the lanes are new to the experience of riding in rush hour traffic. Inexperienced riders need to be especially careful when negotiating urban commuting routes - especially around cars that may not be used to seeing them. We applaud Mayor Fenty's efforts to make bicycle commuting a safe, affordable alternative for people, but urge everyone to ride safely, and ALWAYS wear a helmet.

Motorists Killed Outside Their Vehicles on DC Area Highways

Sat, 20 Nov 2010 08:00:00 GMT

Two motorists were killed on Friday in tragic accidents that occurred on the Baltimore Washington Parkway and the Dulles Toll Road. These deaths were especially tragic because they occurred - not when the vehicles collided - but when their occupants were outside their vehicles. In one instance, a man was struck by another driver while standing outside his vehicle after having been involved in a "fender bender" accident. In the other case, the driver's car had broken down, and rather than move to safety to the side of the road, he tried to push his car, and was struck by another motorist. Both of these cases are classic examples of the legal doctrine of "contributory negligence" applicable in Virginia, which says that if an injured party is partly negligent and to blame for the accident that causes the injuries (or on this case, deaths), that person is barred from recovering compensation for their injuries. If you would like to learn more about contributory negligence and how it works, you can send for my free book entitled "WRECKED: YOur Legal Rights In a Motorcycle Accident." Our thoughts and prayers go out to these victimes and their families. Remember: if you are in a minor accident on the highway, do everything safely possible to get yourself to safety on the side of the road, and call police immediately. Don't stay in harm's way.

Virginia Beach Woman Killed In Motorcycle Accident Caused By Deer

Tue, 26 Oct 2010 08:00:00 GMT

Kimberly Wang, a 47-year old Virginia Beach woman, was killed Saturday night in Hillsville. She was riding as a passenger on a 2005 Harley Custom Classic driven by Howard Henry Rolsmacher, 57, of Virgnia Beach. Both persons were thrown from the Harley when Rolsmacher apparently attempted to avoid striking a deer in the road. Mr. Rolsmacher was also injured, and was treated for his injuries at Wake Forrest University Baptist Medical Center. Our thoughts and prayers go out to Ms. Wang's family. This tragic accident happens all too frequently this time of year, when deer are in the midst of their mating season. Motorists and motorcyclists alike should be especially attentive during those critical periods just before and after sunset and sunrise, when deer are especially mobile.

Arlington Man Charged with DUI Manslaughter After Killing Motorcyclist

Tue, 19 Oct 2010 08:00:00 GMT

Arlington police disclosed yesterday that the driver involved in the accident that killed a motorcyclist in Arlington will be charged with DUI / manslaughter. According to court documents; 25-year old Jonathan Mendez will be arraigned in Arlington General District Court tomorrow on DUI / manslaughter charges for making a left turn in from of Arlington motorcyclist Gerald Glasper, 42, Friday night. Anyone with information about the accident is urged to contact Arlington Detective Tamara Celestini at (703) 228-4164. This is a terrible, senseless tragedy in our community, and our thoughts and prayers go out to Mr. Glasper's family.

Motorcyclist Killed In Arlington

Mon, 18 Oct 2010 08:00:00 GMT

A motorcyclist headed East bound on Route 50 in Arlington was tragically killed Friday night when a west-bound car turned left into his path. The accident happened near the intersection of Route 50 and Irving Street, and neither the identity of the victim or the car driver have been released. Statisically, this type of accident is the number one cause of fatal acidents for motorcyclists, and our thoughts and prayers go out to the victim's family. If you would like more information about safe riding and established accident patterns for motorcyclists, you can find it here.

9 Year Old Virginia Boy Killed By Reckless Pickup Truck Driver

Mon, 11 Oct 2010 08:00:00 GMT

Robert Darwin Pormer, a 9 year-old boy from Partow, Virginia, was tragically killed while riding on the back of his father's motorcycle. According to reports, a pick up truck driver turned into the path of the motorcycle operated by the victim's father, 49 year-old Mark Pormer, who was also injured in the accident. Statistically, this type of tragedy is the most common form of fatal motocycle accident, when an oncoming vehicle makes a left hand turn in front of the approaching motorcycle. This is obviously a terrible tragedy for Mr. Pormer and the victim's family, and our thoughts and prayers go out to them.

Virginia Motorcyclist Killed In Head On Collision

Tue, 13 Jul 2010 08:00:00 GMT

Joshua C. Smith, 21, of Chillicothe, Virginia, was tragically killed on Sunday, July 13 when his motorcycle allegedly drifted to the left of the center line and struck a Ford F-150 pickup head on. According to the Chillicothe Gazette, the accident happened on Route 75, south of Abingdon. There is no indication of how thoroughly the accident was investigated, and whether the pickup truck driver's actions played any role in the collision. Our thoughts and prayers go out to this young man's family and friends.

Northern Virginia Cyclist Struck and Killed By SUV

Tue, 01 Jun 2010 08:00:00 GMT

An 18 year old accomplished high school student from Fairfax was run down and killed on his bicycle Friday May 12, 2010 by an SUV driven by a Manassas man. Abdelouhid Chadli, 18, a wrestler in Fairfax, was struck by a 2001 Dodge Durango driven by Gary Anthony Thorne, 30. The SUV was travelling in the west bound lane of Lee Highway around 4:00 pm when it suddenly verred across the median, crossing six lanes of traffic, and striking down Chadli just as his bicycle was entering a bike path adjacent to the road. Thorne was also killed when his SUV subsequently hit a tree. According to press reports, Fairfax Crash Reconstructn detectives were investigating to see if speed and/or alcohol were factors in the crash. No word yet on the results of that investigation. Fairfax police are asking anyone who may have witnessed this horrible crash to call the Fairfax Police Department at (703) 691-2131.

Rolling Thunder 2010

Mon, 31 May 2010 08:00:00 GMT

Hundreds of thousands of motorcyclists from around the country gathered again in Washington, DC this weekend to pay tribute to our nation's veterans, and particularly the POWs and MIAs from Vietnam. This is an annual event here in Washington, and seems to grow larger and more organized with every passing year. As an American and a resident of Northern Virginia, I am always proud and pleased to see these folks and the tremendous effort they put in to ensure that our nation's warriors are never forgotten. As usual, all participants displayed great motorcycle citizenship in carefully obeying all laws and respecting the local community. My heartfelt thanks go out to all riders who participated in this year's Rollng Thunder festivities, and we look forward to seeing you again next year. God bless and happy Memorial Day to all. Have a safe ride home.

Cyclists In Bike Race Crash From Tacks Thrown Onto Course

Tue, 18 May 2010 08:00:00 GMT

Several cyclists competing in the Leonardtown Criterium Road Race in Maryland on Sunday were injured from multiple crashes caused by thumbtacks deliberately thrown onto the course. At least one racer sustained bone fractures. Racers competing in such events often exceed speeds of 30 mph +, and crashes can cause life threatening injuries. The sport is dangerous enough without sick individuals maliciously sabotaging the race venue. The St. Mary's County Sheriff's office is investigating the incident, and anyone with helpful information is urged to call (301) 475-3333. There is a reward of up to $1,000. You can see an actual video of one of the crashes here, as seen from the perspective of one of the racers. Ouch!!

Motorcyclist Killed in Germantown

Mon, 17 May 2010 08:00:00 GMT

Joshua Charles Warden., 27, was killed riding his motorcycle in Germantown, MD early Sunday morning after pulling out from a shopping center parkng lot near 19200 Liberty Mill Road. Witnesses quoted by Montgomery County Police said that Warden was seen leaving the shopping center "at a high rate of speed" at approximately 1:45 AM. Warden was riding an unregistered GSX/R 600 Suzuki motorcycle, and apperently collided with another vehicle, causing him to strike the right curb and hit a utility pole. He was found non-responsive and pronounced dead at the scene. Conspicuously absent in press reports is any indication of whether the driver of the other vehicle may have been at fault. Our thoughts and prayers go out to this young man's friends and family.

Virginia Beach Motorcyclist Killed By Drunk Driver

Mon, 17 May 2010 08:00:00 GMT

Andrew Markowitz, 37, was killed by a drunk driver in Virginia Beach on Sunday night, May 16. He was headed southbound on London Bridge Road around 7:00 pm when a Lincoln Town car driven by 62-year-old John A. Smith pulled out in front of him. The rider struck the car on the left rear side, and was thrown from the bike and killed. The press accounts of this man's tragic death typically portray the motorcyclist as a second-class citizen by quoting poice as sayng the rider was travelling at a "high rate of speed" just before the crash. Oh really? And where is the evidence of that? No mention of it in the press accounts. Was he clocked on radar? No mention of that either. But what we do know for certain is that the driver of the car was arrested for DUI, after clearly failing to yield to Mr. Markowitz, who surely had the legal right of way. And yet to read the press accounts, you would think it was the rider's fault. It doesn't look that way to me. Shame on the press and the VIrginia Beach police for once again portraying the motorcyclist as a second class citizen without any real evidence to support fault on his part. Why hasn't this driver been charged with negligent homicide?

DC DUI Laws Apply to Cyclists

Wed, 28 Apr 2010 08:00:00 GMT

A recent opinion by the D.C Court of Appeals has ruled that the District's DUI laws apply to bicyclists. The case arose from the arrest of Baker Everton on January 12, 2007. According to the police, Everton was "yelling and screaming, " "wobbling," and stunk of booze when confronted by officers. Initially they gave him a warning, but after he refused and kept going, he nearly hit a small child who was in the crosswalk on Georgia Avenue near Otis Place, Northwest. He then crashed to the ground. When arrested and charged with DUI, his lawyers argued -- unsuccessfully - that bicycles are not "vehicles" under the District's 1925 traffic act. While this ruling seems to come as a surprise to many in the biking commmunity, it shouldn't. In most states, bicycles are considered "vehicles" under their respective motor vehicles codes, which naturally subjets them to all laws governing traffic, including state DUI laws that prohibit operating a vehicle while impaired or otherwise under the influence of alcohol or drugs. Apart from subjecting you to a possible DUI conviction, riding a bike while impaired is just plain stupid. There are enough risks to cyclists out there without adding more. Don't do it.

Charlottesville Cyclist Killed By City Truck

Tue, 20 Apr 2010 08:00:00 GMT

A bicyclist was tragically killed yesterday when he collided with a City-owned vehicle in Charlottesville. The accident happend shortly after 9:00 AM on April 19 at the corner of West Main Street and Fourth Street Northwest. According to reports, Matthew Seven King, a graduate student in mathematics at UVA, was killed when a City vehicle turned right when he was on the vehicle's right-hand side. Mr. King was taken to Virginia Medical Center but did not survive the collision. In cases like this, it is imperitive that the family or friends of the victim arrange for an immediate investagtion of the accident scene before critical evidence may erode or otherwise become lost. Similarly, all potential witnesses in the vicinity of the acident should be interviewed immediately, and both the bicycle and the vehicle involved should be carefully impounded and preserved to prevent loss of forensic evidence of the collision itself. Otherwise, it may be difficult to determine eactly what happened, and whether negligence was a factor. As cyclists who ride ever day on our roads and highways, our sympathy, thoughts and prayers go out to the victim's family.