Bikemore Files Maryland Supreme Court Amicus Brief in Support of Vulnerable Road Users

an image of the Brief for Amicus Curiae filed by Bikemore

For decades, Maryland's Boulevard Rule has played a vital role in protecting pedestrians and cyclists by reinforcing their right-of-way when crossing or entering major roads. But a recent appellate court decision (PDF) threatens to upend this longstanding precedent, opening the door for drivers to shift blame onto vulnerable road users, even when those individuals were lawfully asserting their rights.

This shift has serious implications. It risks making our legal system more hostile to the very people Maryland is trying to encourage to walk and bike through increased investments in complete streets infrastructure. If pedestrians and cyclists cannot count on legal protections when harmed by negligent drivers, the promise of safe streets remains out of reach.

That's why Bikemore is standing alongside Delegate Embry to advocate for a legislative fix, specifically, a contributory negligence carveout for vulnerable road users. And it's also why we filed an amicus brief urging the Maryland Supreme Court to hear the appeal filed by the legal team at Kramon & Graham.

Kramon & Graham's attorneys are leading a vital fight to restore the Boulevard Rule and ensure it continues to serve as a meaningful safeguard for people walking and biking. Their appeal asks the Maryland Supreme Court to reverse the lower court's ruling and reaffirm the principle that those entering a boulevard must yield to traffic, including pedestrians and cyclists, already in the intersection. We are proud to support this effort through our amicus filing, which underscores the broader public policy implications and the real-world risks that vulnerable road users face every day.

This is a crucial moment. As Maryland works to reduce traffic violence and make our roads safer for all, the law must reflect the reality on the ground: people outside of cars face disproportionate danger and deserve legal protections that recognize that imbalance.

To better understand how this legal precedent affects injury claims and accountability, we recommend this excellent explainer from Bikemore board chair Juan Carlos, an attorney at Saiontz & Kirk, P.A.

We believe that legal doctrine like the Boulevard Rule must evolve to protect—not endanger—those who are most vulnerable when traveling along our streets and roads. They deserve nothing less.

Read the full brief below:


ACTION ALERT: Greenway Meeting - Email the Mayor and Attend!

Next Thursday, August 22nd at 6:00pm Baltimore City Department of Transportation is hosting a meeting to share updated planning efforts for the Druid Hill Park to Gwynns Falls Leakin Park section of the Baltimore Greenway Trails Network.

Roughly a year ago, the now-departed Deputy Director and Chief of Policy of Baltimore City Department of Transportation shared that the department's plan was to simply sign the North Avenue dedicated bus lane as the biking "trail" component for this section of the Baltimore Greenway Trails Network.

Since that time, we are unaware of any efforts to revise that plan.

The city-adopted Baltimore Green Network Plan and Separated Bike Lane Network Plan define the Baltimore Greenway Trails Network as a fully separated shared use pathway. A proposal utilizing a dedicated bus lane would be contrary to adopted city plans and policy.

We hope the Mayor's office and Baltimore City Department of Transportation are not seriously considering this proposal. We're asking you to do two things:

Attend the Meeting Thursday, August 22nd at 6:00pm
The Center for Urban Families
2201 N Monroe Street Baltimore, MD 21217
an online option will be available that night at this link.

Send an email to the Mayor and Department of Transportation
Remind them that city adopted plans and policies require the Baltimore Greenway Trails Network be constructed as a fully separated shared use pathway.

Support a Fully-Separated Baltimore Greenway Trails Network

Send an email to Mayor Brandon Scott and the Baltimore City Department of Transportation!

? Take future action with a single click.
Log in or  Sign up for FastAction

  1. Details
  2. Messages
  3. Confirmation
Contact Information

Recent polling conducted by Rails-to-Trails Conservancy and the Central Maryland Transportation Alliance--polling that oversampled geographies along the proposed trail--shows broad support for the Baltimore Greenway Trails Network vision. Only 4% of city residents are opposed. The Mayor and other pro-trails and complete streets candidates won their elections.

There's no excuse for a weak trail plan. 

Next Thursday, we hope to see a plan that reflects this mandate: a plan that connects destinations like Gwynns Falls Leakin Park, Druid Hill Park, Cahill Recreation Center, Coppin State, and Mondawmin together with a fully separated, shared use pathway along which residents can safely walk, bike, and roll.

Polling Shows Baltimoreans Want Safer Streets Infrastructure, Trails, and Transportation Options

Polling conducted by our fellow advocates at The Central Maryland Transportation Alliance and Rails to Trails Conservancy in the weeks before the May primary election shows Baltimoreans want safer streets infrastructure and more transportation options.

  • 79% say it's important to have trails in your neighborhood

  • 71% say it's important to run MTA buses every 30 minutes or better

  • 64% say bike lanes benefit people

  • 58% say they'd be more likely to vote for a candidate who prioritizes trails

  • 55% say it's important to build the Baltimore Red Line

  • A majority want to "Increase the number of dedicated bike lanes in Baltimore City" and "Build the projects in the Baltimore City Bicycle Master Plan."

Digging deeper into the data tells an even more compelling story.

Support for bike lanes is stronger from Black respondents (64%) and Latino respondents (74%) than white respondents (62%).

In addition to ensuring respondents reflected Baltimore's overall demographics, the poll ensured half of city residents were in zip codes adjacent to proposed trail facilities (such as the neighborhoods surrounding Gwynns Falls Parkway, 33rd Street, Chinquapin Run, and the Middle Branch).

Despite this focus on sampling these neighborhoods--places a few oppositional voices often point to as examples of where infrastructure is not wanted--only 4% of respondents oppose the Baltimore Greenway Trails Network.

The message from this poll and the subsequent primary election is clear: Baltimoreans are ready for safer streets infrastructure and transit investments.

They want to see the Baltimore Greenway Trails Network and the Separated Lane Network Plans implemented.

We encourage you to read the full Medium post from Central Maryland Transportation Alliance, which contains the survey methodology and more data on resident desires to re-prioritize our regional funding away from highways and toward biking, walking, and public transit.

Give to Bikemore and you can reduce what you will pay in taxes next year!

GIVE Maryland - Maryland Community Investment Tax Credit

A donation of $500 or more to Bikemore’s 501(c)(3) from an individual or business can receive a Maryland Community Investment Tax Credit (CITC) worth 50% of the donation, in addition to your regular charitable contribution deduction you may be eligible for on your state and federal taxes.

Donations utilizing the Community Investment Tax Credit program will be used to support Bikemore’s Mobile Bike Shop. This flagship program  provides approachable, free access to bike repair services for residents in Baltimore’s most under-resourced communities. 

Working bikes can provide economic empowerment and improve the quality-of-life and health outcomes for disenfranchised communities because they can provide access to everyday essentials like better-paying jobs, access to health care, housing, affordable and healthy food, and closing educational achievement gaps.  

Of course, any donation of any size to Bikemore’s 501(c)(3) may be tax-deductible.  We really appreciate your support no matter what size donation you make. 

Bikemore was awarded a $10,000 CITC grant this year. You can check the status of remaining eligible funds and learn more about the program at the GIVE Maryland website.