Parking
Bad driver or bad design? North Bethesda and CaBi
Drivers in a parking lot ought to yield to pedestrians. At least one Montgomery County driver doesn't know this. Is this her fault or the consequence of a confusing parking lot striping design?

Greater Greater Wife and I stopped at the "Shops at Wildwood" shopping center at Old Georgetown Road and Democracy Boulevard in North Bethesda this morning. This has the fairly classic layout where the stores are in a line, a roadway runs along the stores, and then each row of parking spaces extends perpendicular to that roadway.
We parked in one of the rows and walked toward a store. A driver was coming up to the corner where we waited. There's a speed bump, so she slowed down. We waited for her to stop. Instead, as we waited, she slowly rolled on over the speed bump and past us.
I made a quizzical shrugging gesture, and the driver shouted, "crosswalk!"
Crosswalk? What crosswalk? Ah, on the next row over, there's a crosswalk connecting the aisle to the stores, but there was no crosswalk on our row or some of the other rows.
Perhaps this crosswalk is there because that row has some disability parking spaces or something. Did this driver really think that everyone is supposed to walk from their row over to this other row and use the crosswalk to get to the stores?
My first instinct was to simply conclude that some drivers don't understand how to drive in parking lots, but does the fact that some have crosswalks and some don't create extra confusion?
What do you think? Bad driver or bad design?
Meanwhile, Eric Fidler took this photograph of a driver actually parked in a Dupont Circle Capital Bikeshare station.
Even if this station were entirely empty when this driver parked here, which is possible, it seems like a stretch for them to conclude that this is a parking space.
This appears to be a New York license plate; if it's from anywhere in or around the city, they'll probably get used to what these bikeshare stations are as soon as the system launches there.
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by Bossi on Jun 4, 2012 2:45 pm • link • report
by Fitz on Jun 4, 2012 2:46 pm • link • report
by Bossi on Jun 4, 2012 2:47 pm • link • report
From the picture it appears that this is not a crosswalk, nor is there an admonition to stop. Indeed, oddly, the bump at the far end has a stop immediately after it for a crosswalk.
So, if you don't like this fact then the answer is "bad design", although I'm not sure that every single row of parking needs its own crosswalk.
by ah on Jun 4, 2012 2:47 pm • link • report
In driving and walking on the street, courtesy and consideration is always a winning and life-affirming approach.
by goldfish on Jun 4, 2012 3:00 pm • link • report
Case 2: Drunk driver.
by charlie on Jun 4, 2012 3:03 pm • link • report
A. the lot is private property so the crosswalk is really window dressing. Basic parking lot etiquette says you always yield to pedestrians in the loading zone. Thats (and the slow speeds) why parking lots have very low collision rates compared to streets.
B. Even if the crosswalk was legally there (meaning its a public road and the crosswalk was painted by MDOT) you still have the uncontrolled intersection which is basically says that there is an invisible crosswalk at every intersection.
So I'd say mostly bad driver for not understanding that you cross the parking lot wherever you wish.
by drumz on Jun 4, 2012 3:05 pm • link • report
Stopping and watching a car approach and slow down for a speed bump, and then making a "quizzical shrugging gesture" when the car continues on, sounds passive-aggressive to me. If you don't think you have to wait for the car, then don't wait for the car. If you do, don't feign outrage that the driver didn't read your mind and invite you to cross.
But yes, the design of this parking lot sounds like others I have been in, and they are ambiguous - having marked crosswalks implies that pedestrians are supposed to use them, but when they are spread few and far between, it is not practical. It might be better to have no crosswalks at all.
Parking lots are one area where pedestrians and drivers should understand one another and get along, since every pedestrian was recently, or is shortly about to become, a driver; and likewise, every driver a pedestrian. This story illustrates how selfish and self-righteous people can become.
by Mike on Jun 4, 2012 3:08 pm • link • report
The rules of the road, as generally understood in this country, treat drivers on foot accessing cars differently from pedestrians. For example, a driver walking on the roadway to enter a car is not a jaywalker, even when a person walking in the same place for the purpose of reaching a destination on foot is a jaywalker.
As Peter Norton has documented in Fighting Traffic, the rules of the road were developed to give drivers preferential useof streets at the expense of pedestrians, not to optimize safety.
by Ben Ross on Jun 4, 2012 3:14 pm • link • report
AND bad (confusing) design. They used buckets of paint to cover that speed bump. Why not go ahead and stripe that entire section between the parking space rows and the sidewalk tot he store entrances, like a fussgangerzone or woornuf or whatever its called. Then drivers would be clued in to "stop for pedestrians in the area" and, if they still want to be rude, at least would not be able to point to stripes somewhere else as a rationalization for their inconsiderate behavior.
*driver may actually be very apt at maneuvering an automobile, in which case s/he's a "good" driver who is very rude and inconsiderate.
by Tina on Jun 4, 2012 3:17 pm • link • report
by Bama on Jun 4, 2012 3:18 pm • link • report
by Adam L on Jun 4, 2012 3:39 pm • link • report
From the picture, it certainly seems like the crosswalk is there because there is a STOP sign/line in front of it from both sides. The parking lot is designed so that pedestrians cross in front of a place that drivers are supposed to stop.
Did this driver really think that everyone is supposed to walk from their row over to this other row and use the crosswalk to get to the stores?
No, of course not. You're not breaking any laws by crossing outside of the crosswalk in a private lot. But consider the other viewpoint -- did "that" pedestrian really think that everyone is supposed to come to a stop every time they see a pedestrian at an end of a parking row?
So I'd say mostly bad driver for not understanding that you cross the parking lot wherever you wish.
Agreed. You cross wherever you wish. The ped in question did in fact cross where he wished after waiting a couple of seconds for the car to drive by. He can also cross in front of the stop sign/line as a safer option.
by Falls Church on Jun 4, 2012 3:43 pm • link • report
A bad driver is someone who doesn't stop when you're in a crosswalk trying to cross, or (worse) someone who rolls through a stop sign at an intersection despite you both getting there at the same time.
by Cohiguy on Jun 4, 2012 4:02 pm • link • report
by OddNumber on Jun 4, 2012 4:11 pm • link • report
by David on Jun 4, 2012 4:15 pm • link • report
Suppose the driver slowed down to a crawl waiting for you to step out and walk across and you failed to take an obvious opening; then whatever transgression occurred is semantics similar to often abused argument about cyclists failing to come to a full stop at a stop sign. If the driver slowed down from 25 to 20 mph and ignored a glance from you as you intended on walking forward, then she was the douchebag. Underlying my argument is that there are plenty of visual cues about people's intent.
I think that the cross walk argument is a red herring on her part.
by Geof Gee on Jun 4, 2012 4:41 pm • link • report
by MM on Jun 4, 2012 4:43 pm • link • report
by Jerome on Jun 4, 2012 4:52 pm • link • report
Because one generally bikes on the street, not the sidewalk, and in fact there's a bike lane at this location. It wouldn't make any sense to dock or undock a bike in the direction of the sidewalk.
by MrTinDC on Jun 4, 2012 4:55 pm • link • report
A driver must stop for a pedestrian in a marked crosswalk and yield to a pedestrian in an unmarked crosswalk. Duty to yield may or may not include a duty to stop. From the story, it appears that the driver may have reasonably assumed that you were waiting for her, as most pedestrians with the right of way seem to do most of the time in unmarked crosswalks.
Most people do not understand unmarked crosswalks but are smart enough to yield to a pedestrian who asserts himself. As Bossi points out, if a speed bump is between you and the car, generally you should proceed.
Traffic control devices on private property govern the rights of way, though they generally do not subject one to criminal penalities.
by Jim Titus on Jun 4, 2012 5:03 pm • link • report
by selxic on Jun 4, 2012 7:21 pm • link • report
How far does one have to interpose one's body into the path of an oncoming vehicle to get it to stop when it has a duty to yield? In the standard public roadway case, is stepping off the curb enough? Can a driver see a pedestrian step off the curb and then continue driving slowly past without stopping beyond that? If so, what does "yield" mean if the driver can basically disregard the pedestrian as long as the driver doesn't actually hit the pedestrian?
by David Alpert on Jun 4, 2012 7:37 pm • link • report
That parking job is something special. I wonder what the ticket for that runs? I mean, they're obviously impeding the flow of traffic (bikes count, and they're blocking the bike lane), but I wonder if there's a special fine for blocking the Bikeshare station. I also wonder why other on-street Bikeshare stations (like Metro Center and 4th and RIA NE) have plastic pilons blocking people from parking in them, but not this one.
by Ms. D on Jun 4, 2012 8:33 pm • link • report
by Rich on Jun 4, 2012 8:44 pm • link • report
1) stripes centered between the CaBi (as if really skinny parking spaces...which they are) and maybe mini bike icons on the pavement between...even to the point of it being mostly white -or-
2) Some standard color that could be painted as a carpet in all such spots (purple? yellow? red? green?)
3) One big bike icon
Something that says parking..but not car parking...even if you accidentally park a car on it. The problem with many many bike lanes is that they are marked in such a way that violators' vehicles easily obscure most of the markings, such that nothing looks amiss when you walk away from the car. (in this case, the bike lane's directional arrow has disappeared under the car).
by Kevin C on Jun 4, 2012 9:36 pm • link • report
by dcseain on Jun 4, 2012 10:05 pm • link • report
For the unmarked crosswalk, as long as you hold your course, you should not have to speed, slow, stop, or change your direction on account of the vehicle over whom you have the right of way. And you are entitled to a reasonable safety buffer, which I gather is probably about two feet, since it took a statute to give bikes three feet.
What makes this case a close call is that it is hard to tell from your description whether you stopped before crossing the driver's path at a time when the driver could have easily stopped for you had you continued--or did you stop because this driver had passed the point where it could make a gradual stop. I think that once you stop in these cases, then either (a) you have stopped because the driver had already failed to yield, so its too late for the driver to stop, or (b) you lose the right of way when you stop because stopping causes the driver to reasonably assume that you opted not to assert your right of way.
We surmise that this driver did not know you had right of way, or else she would have stopped for you anyway.
by Jim Titus on Jun 4, 2012 10:25 pm • link • report
Prince of Petworth post on the CaBi move: http://www.princeofpetworth.com/2012/05/capital-bikeshare-shuffle-new-hampshire-and-u-street-to-17th-and-t-st-nw/
by Rob P. III on Jun 4, 2012 11:36 pm • link • report
But did David really have the right of way here? I don't think so. There were clearly marked crosswalks ... He wasn't using one. While its not like he was jay walking since this was a parking lot, the driving lane he wanted to cross was just that a driving lane and not a parking lane like the one he was exited. 2 different sets of rules apply. I wouldn't go so far as to say bad pedestrian, but I would say we probably have a pedestrian here who is not too familiar with these kinds of lots where there are lanes in them where the driver gets right of way. This is pretty typical in most parts of the country ... Though I know they aren't everywhere and maybe David never experienced them before.
by Lance on Jun 5, 2012 8:35 am • link • report
There's a crosswalk, so you must use it to cross the "driving lane" (whatever that is). And since I decided it's a "driving lane," cars have the right of way! QED
Back to reality; if you want to go by "the law" and treat this parking lot like any other intersection in Maryland, then the end of each line of parking is an "unmarked crosswalk." Each intersection of a line of parking and the "driving lane" connecting them is an intersection, and every intersection by Maryland law has crosswalks even if they are unmarked. So if David stepped out into the street to cross, even a little bit, and the driver had time to safely stop, then the driver is required to stop.
by MLD on Jun 5, 2012 8:51 am • link • report
by Goety on Jun 5, 2012 8:52 am • link • report
1) The motorist wanted to be a jerk and show contempt for CaBi.
2) The motorist was drunk or otherwise incapacitated (less likely considering the fairly precise job of parallel parking).
by Lucre on Jun 5, 2012 9:29 am • link • report
But, this is not like an intersection on a public roadway since its a private lot. Do unmarked crosswalks exist in private lots? Does each line of parked cars constitute a "road" that intersects with another road? Do unmarked crosswalks exist in the grassy field that cars park in at concert stadiums?
Traffic control devices on private property govern the rights of way
Was there a traffic control device that the driver violated?
by Falls Church on Jun 5, 2012 10:25 am • link • report
by Shawn on Jun 5, 2012 10:37 am • link • report
by Socket on Jun 5, 2012 10:44 am • link • report
Except these aren't 'intersections in MD'. They're private property and the owner of the property gets to set the rules ... Not MD. And all you need to do is go around to various parking lots such as those in Tyson's Corner, White Flint, AND Wildwood to see that the owners of the property have set up lanes where motor vehicles do indeed have priority. And it's pretty clearly indicated stop signs, crosswalks, stop line in the pavement, sometimes speed limit signs, etc. etc. It's not circular logic ... It's using logic to understand what the owner of the property WHO GETS TO SET THE RULES is trying to convey. To not understand what's being conveyed, one has to be really really new to this (as I suspect David may be given that we didn't have anything like this in New England and this particular lot started off as a regular parking lot without these driving lanes before behind redone a decade ago, so it may not be as obvious as a place like Tysons.
by Lance on Jun 5, 2012 11:38 am • link • report
Otherwise, the rules of the road remain the same. As on any public road, the entity that operates the private road can erect traffic control devices that alter those rules. But here, the only traffic controls we know about are the marked crosswalk and the painted parking lines that delineate the lanes. Do you think that this shopping center has a big sign at the entrance saying: Ye pedestrians who enter lose all hope of courteous drivers"?
Summarizing: In Maryland pedestrians have the right of way at unmarked crosswalks, and David was about to enter an unmarked crosswalk. We can quibble about whether David gave up that right the moment he stopped, or stopped because the driver had failed to yield. But to posit that David did not have the right of way because the landowner can set the rules requires one to identify the rule that the landowner had changed, and the means by which he gave notice. You've done neither.
by Jim T on Jun 5, 2012 1:04 pm • link • report
What unmarked crosswalk? for there to be an unmarked crosswalk you'd need to have two roads meeting. There are no roads in that parking lot (take a look at the picture). The property owner has erected some traffic (motor and pedestrian traffic) control devices (crosswalks and stop signs) whose intentions are pretty clear, but just because you think you see a road or two there doesn't make it so. All I see is what the owner of that property signifies with the signage and crosswalsk 'vehicles stop here for pedestrians' (the stop signs) and 'pedestrians cross here' (the painted crosswalks.) I don't see anything indicating that the property owner intends pedestrians to have the right of way at the end of each parking lane. And would that make any sense for a car to have to stop in a dozen places within a less than one block area? No, it wouldn't.
by Lance on Jun 5, 2012 2:24 pm • link • report
by PattyB on Jun 5, 2012 2:46 pm • link • report
by Lance on Jun 5, 2012 3:28 pm • link • report
by drumz on Jun 5, 2012 3:48 pm • link • report
by Gray on Jun 5, 2012 3:53 pm • link • report
by MLD on Jun 5, 2012 4:02 pm • link • report
ny deserved to have two cabi users check in bikes as close to their front and rear as possible so they couldn't leave imo.
first car dockblock-in?
by dckik on Jun 5, 2012 4:42 pm • link • report
Speaking of bikes, I was in the dog park at 17th and S this morning shortly before 9 ... and you wouldn't believe the number of idiots sailing through the stops signs there on their bikes. In addition to risking their lives, they were causing some major disruptions to the traffic flow at the 4 way stops around that park. I'd LUV to see a cop stake that out on a weekday morning. I bet he could reach his quota for the month with all the idiots he could ticket in an hour or two!
by Lance on Jun 5, 2012 5:03 pm • link • report
by David Alpert on Jun 5, 2012 5:09 pm • link • report
I
by Lance on Jun 5, 2012 5:34 pm • link • report
If you don't mean "park," then why did you say so?
Obviously, that's probably not the case in in the CaBi area, BUT could you park in the bike lane (which IS legal, per GGW) and end up blocking the bikes which are nearly sticking out into the bike lane?
Stopping temporarily in the bike lane to let someone out or to unload something from your car is legal. TEMPORARILY being the key word. But by all means continue with your tortured logic to try to prove that it's ok to just leave your car there.
I don't see anyone around that car who appears to be letting someone out or unloading something, do you?
by MLD on Jun 5, 2012 5:39 pm • link • report
by Lance on Jun 5, 2012 5:45 pm • link • report
by Lance on Jun 5, 2012 5:49 pm • link • report
by CJH2 on Jun 6, 2012 9:32 am • link • report
You are correct that we are stretching the definition of crosswalk a bit, because there has to be either a sidewalk or a bikeway meeting the roadway. But if you look at the definition of a bikeway, it is so broad that it includes any place a bike can legally ride. Still, the statute probably should define crosswalk to more clearly indicate that it includes the extension of any pedestrian way.
By the way, I conflated the MD crosswalk law with the NJ law. In Maryland you have to stop (not yield) for pedestrians in a crosswalk unless they are at least two lanes away.
by Jim T on Jun 6, 2012 11:47 am • link • report
by dcseain on Jun 6, 2012 11:51 am • link • report
by Michael Perkins on Jun 6, 2012 12:04 pm • link • report
by Clark on Jun 6, 2012 12:33 pm • link • report
Brief as it was, it's hard to imagine that level of communication in a driver/pedestrian exchange. The driver's means of expression are generally limited to honks, flashing lights, hand gestures, and single shouted (and necessarily hastily chosen) words. That can lead to misunderstanding and frustration on all sides.
by Ryan Arnold on Jun 6, 2012 11:29 pm • link • report
by Fred on Jun 11, 2012 11:57 am • link • report
by Bethesda Tax Payer on Oct 4, 2012 2:35 pm • link • report
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