Cyclist ticketed for riding in Chatham shoulder in serious left-hook crash

On December 19th the Chatam Patch reported a bicyclist suffering serious injuries in a crash involving a left turning motor vehicle while the cyclist was riding in the shoulder.  It is bad enough that the cyclist, Jose Batista of Cranford, was seriously injured in the crash but according to the Patch report, the Chatam Police intend on issuing a summons to Mr. Batista for "failure to exercise due care when passing a standing or slow-moving vehicle proceeding in the same direction."

In this case it would appear that Mr. Batista was riding his bicycle heading east in the shoulder while passing backed up motor traffic in the travel lanes to his left.  At the entrance to the CVS Pharmacy a driver heading east left a gap open so that Patrick McVeigh of Chatham, the driver of the vehicle involved in the crash who was heading west, could turn left and enter the CVS parking lot.  As the vehicle driven by Mr. McVeigh crossed the path of Mr. Batista, Mr. Batista then crashed into the rear of Mr. McVeigh's vehicle.


The first curb cut on the right is likely site of the Batista crash. View Larger Map

This case brings up a number of problems with shoulder cycling in New Jersey that continue to put cyclists at risk of injury, as well as prosecution from the law.  As reported by WalkBikeJersey earlier this year, The New Jersey Supreme Court ruled on a lawsuit that involved a cyclist tragically killed while traveling in the shoulder.  That case had the court rule on the legality of shoulder cycling and the court declared:

Bicyclists do not have special privileges on a roadway’s shoulder. Indeed, a bicycle rider is directed to ride on the furthest right hand side of the roadway, not on the roadway’s shoulder. The Motor Vehicle Code does not designate the roadway’s shoulder as a bicycle lane. 

If one were to only consider the court's interpretation of Title 39 it would seem that Mr. Batista was in clear violation of the law.  However a commenter on the Chatham Patch story notes that, just a half mile to the west of the assumed crash site Main Street, also known as NJ 124, has a marked bike lane in the town of Madison. 2008 Google Streetsview imagery would seem to confirm this.  The commenter also notes that at the municipal boarder of Madison and Chatham Borough, which is the intersection of Division Ave/Brookdale Road and Main St, there are no MUTCD compliant "Bike Lane Ends" signs.  This too is confirmed on Google Streetsview.


This "Bike Lane" symbol is located in the town of Madison and is less than 2500 feet from the likely crash site.
View Larger Map

Unfortunately for Mr. Batista, he likely assumed that either he was allowed by law to ride his bike in the roadway shoulder and/or that the shoulder was still a designated bicycle lane in the Borough of Chatham as it is in Madison. Also, the ambiguity of the signage and the roadway markings (the marked bike lanes in Madison are stripped more like shoulders and do not follow bike lane standards) and the lack of proper bike lane signage did not help clarify things for him.

The reality remains that shoulder cycling has been declared illegal and will remain so until this issue is addressed in the New Jersey Legislature.  Still, where shoulders have been designated as bike lanes, all effort must be made to mark them properly in accordance with accepted national standards.  It is simply not fair and even dangerous for cyclists to do it any other way.  Riding a bicycle on New Jersey's roadways is difficult enough.

Are Fall leaves turning your bike commute into an unnecessary hazard?

Rt 27 South near Carnegie Lake - Photo M. Hommer

It happens every Fall.  Towns all across New Jersey and elsewhere in the country tell their residents to "pile all leaves at the curb."  Not only does this often squeeze cyclists out of the only place that they feel safe to ride but it also creates an additional hazard as many of these leaves get crushed into a fine puree by passing cars which then turns into an incredibly slippery paste that can drop a cyclist in a split second.

While this is a problem all across New Jersey,  a good friend of mine often finds himself riding on New Jersey Route 27 just north of downtown Princeton.  Every year he tells me that leaves and other yard waste completely block the relatively wide and useful shoulder.  What makes this hazard of particular concern is that this section of Route 27 is also the on-road route of the East Coast Greenway.

Imagine if it was common practice to tell people to block a motor vehicle traffic lane with yard debris.  It wouldn't be tolerated and neither should this practice as there are clear alternatives.   In my town, residents are required to bag their leaves into large paper leaf bags.  Even better, most home owners could compost their leaves on sight and use them to increase the organic mater content in your garden and flower beds.  Brush and branches could be left on the grass off the shoulder and sidewalk.

More photos of the hazards on Rt 27 after the break