Let’s Help 11-Year-Old Gideon Get the Bike He Needs

Cool Stuff for BicyclistsNo Comments

Cyclone-Bike-for-GideonI recently heard about a wonderful charity effort to help an 11-year-old boy get the unique recumbent trike he needs.

Gideon Cornfield was born with without fully-formed arms. He does have a thumb and forefinger on his left side and he has strong legs and a will to cycle – his parents, Doug and Jackie Cornfield report that he wore out his first 3-wheeled vehicle.

Now, his parents, the Southern Tier Bicycle League and The Bicycle Man bicycle shop are teaming up and asking for help to buy Gideon a KMX Cyclone recumbent bike. I think it is a fantastic effort, and the Ziff Law Firm has already donated $100 to the cause. The Bicycle Man has pledge to match the first $200 raised, as well – so if you act fast, your donation can go a long way toward getting Gideon this bike.

The Cyclone is designed for kids ages 9 to 13, and it’s meant to be cool and fast. With a few adaptations to the bike, Gideon will have a great time with this bike and it’s sure to mean a lot to his parents.

If you need any more incentive – just know that the STBL is a 501 C 3 charity. Your donations will be fully tax deductible to the full extent of the law.

So help Gideon get a bike! You can make your check payable to Southern Tier Bicycle League and mail to:

Gideon’s Bike
c/o Ron & Rebecca Burt
10 Katie Lane
Painted Post, NY 14870

Thanks for reading and RIDE SAFELY,

Jim
_______________________________________
James B. Reed, Esq.
NY & PA Bicycle Accident Lawyer
Ziff Law Firm, LLP
303 William St., Elmira, NY 14901
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: jreed@zifflaw.com
Web: www.zifflaw.com

Please visit the New York Injury Law Blog at www.NYInjuryLawBlog.com
E-mail me at FreeReports@zifflaw.com for two free books:
NY Car Accidents and NY Car Insurance Secrets YOU Need to Know.


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NY Bike Accident Attorney Looks at Sentencing of Elmira Hit-And-Run Driver

Bicycle Accident Cases in Court, Bicycle Accidents, Bicycle Laws4 Comments

court-sentenceAs a NY bike accident lawyer, I try to stay informed about bike accident cases throughout New York state. Recently, however, a fatal bicycle accident case right in my own backyard drew a lot of press attention. This fatal accident occurred close by the Ziff Law Firm, in downtown Elmira. I’ve included a link to the WETM-TV video about the sentencing in this case:

Justin Appleby Sentenced to 1 to 3 Years in State Prison

The June 21, 2009, accident was a hit and run. Justin M. Appleby of Elmira was driving his Dodge Durango SUV after 1 a.m. on Grand Central Avenue when he hit 38-year-old bicyclist Michael T. Rautio.

Appleby left the scene of the accident – an act that coupled with the circumstances of the accident itself, has greatly embittered Rautio’s family and many community members against him.

Both Appleby and Rautio had been drinking that night. But only one of them was driving a motor vehicle. After the accident,  Appleby told his wife he had hit a guard rail. He also applied some deer hairs to his vehicle to make it look as though he struck a deer. It appears he was trying to avoid a DWI charge and the consequences of his choice to drive. He did not turn himself in to police until 13 hours later.

All of these details are recounted in a recent Star-Gazette article by Ray Finger, “Elmira man gets 1-3 years in hit-and-run death of bicyclist.” Appleby was sentenced on March 1, 2010, to serve one to three years in state prison for the hit-and-run accident.

The charges against the driver– WHY ONLY LEAVING THE SCENE?

Appleby was charged with Leaving the Scene of an Accident. Why not Vehicular Manslaughter or another charge that reflects the severity of the accident that took Michael Rautio’s life? Why not charge him with DWI?

The answer to that question can be a complex one.  It is the District Attorney’s office, in this case the Chemung County District Attorney’s office, that makes the decision about exactly what crimes will be charged.  They make these decisions after conferring with the police investigators and analyzing all the evidence in the case.  The DA’s office must determine what facts they believe they can PROVE.  As I often say to my client’s:  There can be a HUGE difference between what I think happened, and what I can prove happened. Likewise, the DA’s office must separate all the rumors and speculation from the provable facts.  Once they have done that, they must then decide how those provable facts fit within the definitions of the different possible crimes that they might be able to charge in a particular case.  Every crime requires the proof of certain facts– these are known as the “elements” of the crime.   So after analyzing the facts and the elements, a decision is made about the charges that will be pressed in a particular case.

Let’s use the crime of DWI as an example in this case.  Why was the driver not charged with DWI?  Heck, we know that he was at a bar before the accident so why not charge him with DWI?  DWI requires PROOF that the driver was driving while intoxicated.  Sorry but proving someone was in a bar does NOT prove that he was intoxicated.  It does NOT prove he was intoxicated at the time he was driving.  That sort of proof often comes from a breathalyzer test or blood test administered to the driver shortly after the accident.  Here, the driver did not turn himself in to the police until 13 hours later which is way too late to be able to prove intoxication.

Please don’t get me wrong.  I do not condone what this driver did.  Frankly, I think he’s a piece of garbage to know that he hit someone and left them to die on the side of the road without rendering any sort of aid or assistance. Do I think he was drunk when he ran down this poor bicycle rider?  Yes.  But could I prove it?  No, not based on what I currently know about this case.  Do I think this drunk driver probably avoided a DWI conviction by hiding like a cowardly dog?  Yes.

But with all that said, I do understand why the DA’s office might have made the decision to charge the crime they could PROVE rather than other crimes where they simply didn’t have the kind of information that would have been required to win a conviction.  Unfortunately, lawyers have to make tough decisions about proof all the time…..

The Judge’s sentence

Chemung County Judge Peter Buckley sentenced Appleby to the maximum for the charge against him – one to three years in state prison. Judge Buckley said that “Justice calls out for only one result, which is state prison.” Although it is likely that Rautio died instantly from his severe injuries, the judge also pointed out that to sentence Appleby to less than the maximum would send a message that you can get off lightly for leaving an injured person at an accident. How much worse for Rautio – or any bicycle accident victim – if they are left to suffer without assistance.

Community reaction

In the courtroom, the community, and in online  bicycling forums, many are expressing their feelings that the sentence was too light. In the courtroom before sentencing, Rautio’s mother and sister addressed Appleby, saying how much they hated him for depriving them of a son and brother.

The practical realities of PROVING the crime

It is tragic to the families of accident victims such as Michael Rautio, but the truth is that there a big difference between thinking you know what happened versus being able to PROVE what happened. That burden of proof is an exacting standard for attorneys seeking justice for clients and for the judges upholding the law.

In this case, the accused received the full sentence for the charges law enforcement officials were able to prove against him. To the accident victims family and an angered community, it’s not nearly enough.

Thanks for reading,

RIDE SAFELY!

Jim
_______________________________________
James B. Reed, Esq.
NY & PA Bicycle Accident Lawyer
Ziff Law Firm, LLP
303 William St., Elmira, NY 14901
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: jreed@zifflaw.com
Web: www.zifflaw.com
Please visit the New York Injury Law Blog at www.NYInjuryLawBlog.com
E-mail me at FreeReports@zifflaw.com for two free books:

NY Car Accidents and NY Car Insurance Secrets YOU Need to Know.

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NY Bike Injury Attorney Loves These Bicycle Jerseys!

Bicycle Safety, Cool Stuff for Bicyclists, Risks for Bicycle RidersNo Comments

share-the-road-jerseyComing and going, these bicycle jerseys really make a statement!

I just saw these great cycling shirts at www.sharethedamnroad.com. They bluntly but humorously express the need (and legal obligation!) for motorists to share the road with cyclists.

Some of the sayings on the backs of these jerseys:

  • Don’t Honk at Me!
  • Share the Damn Road!
  • Infinite MPG (Miles Per Gallon)
  • 3 Feet (with an arrow)
  • Slow Down!

and my favorite:

  • Don’t Run Me Over!

On the front of each shirt …

“Thanks!” in inverted text, so that it can be read in a rear-view mirror.

The jerseys are made by Canari. They cost about $60. Share the Damn Road is a really interesting, witty bike advocacy site. It was founded by Phil Gaimon, who describes himself as a professional cyclist for the Kenda-Gear Grinders Pro Cycling Team, a coach, and a freelance writer.

Phil says he always makes an effort during training rides to educate any rude drivers he catches up with at a red light. Improving motorist courtesy one driver at a time – that’s Phil’s mission, and he says he aims to do it with a “slightly confrontational” method.

Thanks for reading and RIDE SAFELY,

Jim
_______________________________________
James B. Reed, Esq.
NY & PA Bicycle Accident Lawyer
Ziff Law Firm, LLP
303 William St., Elmira, NY 14901
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: jreed@zifflaw.com
Web: www.zifflaw.com

Please visit the New York Injury Law Blog at www.NYInjuryLawBlog.com
E-mail me at FreeReports@zifflaw.com for two free books:
NY Car Accidents and NY Car Insurance Secrets YOU Need to Know.

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New York Bicycle Accident Lawyer Urges Drivers to Check Their Mirrors for Bicyclists

Bicycle Safety, Risks for Bicycle RidersNo Comments

decal_leftmirror

Image from VigilantVelo.com

This past summer I took a case for a Corning, NY, bicyclist who was hit by a car. The vehicle pulled away from the curb without noticing oncoming traffic.

I took the deposition of the driver of that car and she admitted that she never looked in her driver’s side mirror to check for oncoming cars or bikes. She said that she thought looking in the rearview mirror only was OK because: “I would have seen something as big as a car.”

She never considered that she should have looked in her sideview mirror as well – to make sure that there wasn’t an oncoming bike rider.

This proves my point that most motorists only think they need to be on the lookout for other cars or truck, therefore they simply are not looking for anything smaller or slower-moving, such as bikes or pedestrians. That’s why I think driver education needs to stress vigilance – watching out for bikes, motorcycles and pedestrians is more important than ever.

Akin to driver education is signage or other methods of reminding drivers to be on the lookout for bikes so they don’t cause an accident. I recently read about a new product that’s just brilliant. It’s cheap, easy to use and has the potential to remind countless drivers to keep an eye out for bicyclists.

Vigilante Velo, a non-profit group, has developed subtle, clear “bicyclist” decals that can be stuck to side-view mirrors. Without blocking the driver’s vision at all, these unobtrusive stickers  are a reminder, every time a driver checks his side view mirror, to check for bicyclists.

I came across this tip at The Chicago Bike Advocate Blog by Brendan Kevenides. VigilantVelo.com sells the stickers – not yet available in stores – for $2 each. All proceeds of sticker sales will go to “printing more and a donation to the League of American Bicyclists,” according to VigilantVelo.com. Buy in bulk and save: It’s $18 for 1o stickers and $200 for 200.

These simple stickers are a great idea. It’s so easy to take that extra second to look. A little extra vigilance from drivers could save the health or life of many a bicyclist.

Thanks for reading and RIDE SAFELY,
Jim
_______________________________________

James B. Reed, Esq.
NY & PA Bicycle Accident Lawyer
Ziff Law Firm, LLP
303 William St., Elmira, NY 14901
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: jreed@zifflaw.com
Web: www.zifflaw.com

Please visit the New York Injury Law Blog at www.NYInjuryLawBlog.com
E-mail me at FreeReports@zifflaw.com for two free books:
NY Car Accidents and NY Car Insurance Secrets YOU Need to Know.

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SUM Insurance: The Inexpensive and Important Coverage Every Bicyclist Needs to Know About

Bicycle Accidents, Risks for Bicycle RidersNo Comments

Bicyce-and-road-imageTrue stories, especially cautionary tales, are always more compelling than any fiction. I wanted to share the story of a friend of mine and bike accident victim, Brian Klotz.

In the aftermath of a terrible collision that left him with serious injuries, Brian learned something about auto insurance that EVERY BICYCLIST NEEDS TO KNOW. This is based on the actual experience of someone who is still recovering the ability to walk more than a half mile, who is steadily making gains back to getting through daily life independently.

Brian recently sent an e-mail out to the members of Big Horn Velo, our Elmira-based bicyclist group. He wanted to thank everybody for  their support (e-mails, visits, cards and gifts) during his recovery.

He also wrote: “I hope that the lessons that I have learned, such as ALWAYS wearing your helmet, making sure that you have the maximum amount of SUM coverage on your auto-insurance that is possible. (I did not — talk to Jim for more details), and being patient with your recovery may make a difference with anyone else who finds themselves in this condition (which I would not wish on anyone).”

Brian gave his OK for me to share some information about his case and to follow-up on his comments about SUM coverage and the fact that he unfortunately did not have the maximum amount of recommended coverage. I apologize for the length of this post but as you will read below, this is VERY important information for all cyclists.

As you will recall, a few months ago I posted about the importance of SUM coverage for all bicyclists who also own cars.

SUM stands for Supplemental Uninsured/Underinsured Motorists coverage.

What it means is that if you get hit by a dirtbag (that is a precise legal term) with no insurance or a woodchuck (another legal term) with only minimal insurance (in New York state, the minimum is only $25,000. In Pennsylvania it is only $15,000), you have the right to recover from your own insurance company up to the full amount of your own SUM coverage. In other words, even if the other guy does nothing to protect you, you can protect yourself with SUM coverage.

2 great things about SUM:

SUM covers you (and your family) whether you are injured in your car OR on your bike.

Unlike most insurance coverage, SUM costs very little for all the protection it provides.

I personally recommend that all my cycling friends purchase a minimum of $250,000 of SUM coverage.

Brian has given me permission to share the details of his coverage with all of you because it illustrates in a very dramatic way the harm that befalls you if you don’t have proper SUM coverage.

In Brian’s accident, the 83-year-old driver who rear-ended him only had $25,000 of coverage. Brian did have $100,000 of SUM coverage at least. But he had intended to boost his limits to my recommended amount of $250,000.

Before the accident, when Brian contacted his insurance company (the dreaded gecko — Geico) to boost his limits, they said they would not add the additional coverage.

When an insurance company doesn’t want to sell more insurance, you have to assume that there is a very good reason why …

They didn’t want to increase his limits because they get paid a very small premium for what is potentially a large amount of risk. Well, what is bad for them, is good for you!

But here is the big lesson: Brian decided to wait until March when it was time to renew his policy and then he was going to search for a carrier that would give him $250,000 in SUM coverage (there are LOTS of companies who routinely sell higher SUM coverage). The decision to wait a few months may have cost him $150,000 in insurance coverage which otherwise would have been available! Ouch!

All of my cycling friends, please learn from this hard lesson:

REVIEW YOUR POLICY TODAY TO MAKE SURE YOU HAVE AT LEAST $250,000 OF SUM COVERAGE

(If you are not sure how to read your coverage, just fax me at (607) 398-7947 or e-mail me the couple pages from your policy that list your coverages/premiums, and I will be happy to review them for you at no charge).

IF YOU HAVE LESS THAN $250,000 OF SUM, GET MORE COVERAGE NOW EVEN IF IT MEANS CHANGING INSURANCE CARRIERS.

After more than 23 years of representing injured people, not once have I ever heard anyone regret that they have too much coverage, but I have witnessed first-hand the financial devastation that occurs when people do not have enough coverage.

Better safe than sorry……

Thanks for reading and RIDE SAFELY,

Jim
_______________________________
James B. Reed

NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Mailto: jreed@zifflaw.com
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Web: www.zifflaw.com
Blogs: NYInjuryLawBlog.com and
NYBikeAccidentBlog.com


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NY Bicycle Accident Lawyer Outraged by Dangerous Facebook FanPage‏

Bicycle Accident Cases in Court, Bicycle Safety, Risks for Bicycle Riders, UncategorizedNo Comments

Bike-Lane-Arrow1As an attorney who handles many bike accident cases every year and is also an avid bicyclist, I have seen a growing hostility toward cyclists from the motorist community in the last few years.

Sometimes I begin to think that my opinion about this is just my imagination, caused by the fact that I ride almost every day and meet with cyclists every day, so I am just exposed to it more than others.

But I just learned of a Facebook FanPage that confirms it is NOT my imagination and that there are MANY, MANY, MANY motorists who are willing to openly declare war on cyclists.

This page is called: “There’s a perfectly good path right next to the road you stupid cyclist!” and it features gems like these:

  • “No matter how far to the left you are, you’re taking up my road.”
  • “My car is hard, and I am not slowing down!”
  • “Cars are hard, cyclists are not.”

Lest you think this is an isolated phenomena, this FanPage has more than 36,000 fans! It’s sickening to me that anyone would become a “fan” of such a demented page.

It’s truly frightening (and sad) that there are more than 36,000 people who are willing to publicly proclaim that cyclists have no right to be on the roads.

Let me be clear: In New York, a bicyclist has a perfect legal right to be on the road. Motorists may not like that fact but that’s the law.

I represent injured cyclists every day and I know first-hand the devastation a car vs. bike collision can cause — death, paralysis, fractures, huge lacerations — are common. I have no hesitation at all to pursue the insurance and every asset of any motorist who disregards New York state law and hits one of my clients.

I truly wish motorists would learn to respect bicyclists rights and treat them with respect. Sad to say, there are many ignorant people who consciously disregard the safety of vulnerable cyclists.

Thanks for reading and RIDE SAFELY,

Jim
_______________________________________
James B. Reed, Esq.
NY & PA Bicycle Accident Lawyer
Ziff Law Firm, LLP
303 William St., Elmira, NY 14901
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: jreed@zifflaw.com
Web: www.zifflaw.com

Please visit the New York Injury Law Blog at www.NYInjuryLawBlog.com
E-mail me at FreeReports@zifflaw.com for two free books:
NY Car Accidents and NY Car Insurance Secrets YOU Need to Know.


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Injured Ithaca Cyclist Moves Forward in Long Recovery

Bicycle Accidents, Risks for Bicycle RidersNo Comments

Greg-LoureyThe Ithaca Journal recently ran a story, “Friends step in to help injured Ithaca cyclist” about Greg Lourey, a client of mine who was involved in a VERY serious bicycle accident in August.

Greg’s injuries were extensive. As the newspaper reports, he had a fractured pelvis, kneecap, thumb and vertebrae, a concussion, wrist ligaments tears and lacerations. He had to be airlifted to Robert Packer Hospital in Sayre – a $12,000 trip his health insurance is balking at covering.

Greg, who is a great, caring person with a large community of friends, has been through a horrible experience. He was a maintenance mechanic at the Ithaca City School district. The accident happened when he was on his regular morning bike commute to work.

The Journal ran a follow-up story because Greg’s friends recently hosted a benefit for him, to help complete home renovations he has been unable to finish since his accident. (Although the benefit was Jan. 9, the website Gregsbenefit.com is still up. It has information about making donations to Greg and his wife Mary Ellen through their church, the Oasis Christian Fellowship in Ithaca.)

Greg is my client, as I mentioned, and the Journal called me for comment. I told them: “People aren’t really looking for bikes, and the biggest thing that I would like to come out of Greg’s story is that motorists need to be aware that there are more cyclists, and they need to be aware of objects smaller than cars.”

I continued with: “In Ithaca there are a lot of commuter cyclists, and the community is somewhat nervous about the day-to-day safety of riding a bike to work.”

Despite his awful experience, Greg is a brave guy who says he will commute to work on a bike once again some day.

“I’m coming along good and I’m ready to come back,” Greg told the Ithaca Journal. “I just hope people will pay more attention to us bicyclists.”

That’s why I write the NY Bike Accident Blog and advocate for clients such as Greg. I’m an avid bicyclist myself. I believe we need to keep discussing the dangers bicyclists face. And I hope we can find more ways to make bike commuting MUCH safer.

Thanks for reading and RIDE SAFELY,

Jim

P.S.: See my related post about Greg’s accident on my NY Injury Law Blog: Ithaca Car-Bike Collision Puts Bicyclist in Hospital.

_______________________________________
James B. Reed, Esq.
NY & PA Bicycle Accident Lawyer
Ziff Law Firm, LLP
303 William St., Elmira, NY 14901
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: jreed@zifflaw.com
Web: www.zifflaw.com

Please visit the New York Injury Law Blog at www.NYInjuryLawBlog.com
E-mail me at FreeReports@zifflaw.com for two free books:
NY Car Accidents and NY Car Insurance Secrets YOU Need to Know.

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Beware of Car Doors: Amazing Animated Video Has Safety Message for Bicyclists

Bicycle SafetyNo Comments

A bicyclist is happily rolling along city streets. A bouncy beat sets the pace. It’s a happy scenario, until – “Blam!” – a careless car driver’s mistake means a serious injury to the bicyclist.

“Doored,” a YouTube video by artists and bicyclists Eric Arnstein and Jeff Ryan, starts off being just neat to watch – with a quirky soundtrack and a neat photo-collage animation style.

You can’t miss the message while you’re being entertained, however. Everyone needs to see “Doored,” but no-one should get doored.

“Doored” has a point to get across: Car doors, opened carelessly, present a danger to bicyclists! Drivers, please watch out for bicyclists when you open your doors into a bike lane. All too frequently, people aren’t paying attention when they open their doors – sometimes right into the path of a bicyclist.

This video – which took its creators about 160 hours to make – is obviously a labor of love. So be warned and be entertained by “Doored.” Check it out here and share it with anyone who rides – or drives!

Thanks for reading and RIDE SAFELY,

Jim
_______________________________________
James B. Reed, Esq.
NY & PA Bicycle Accident Lawyer
Ziff Law Firm, LLP
303 William St., Elmira, NY 14901
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: jreed@zifflaw.com
Web: www.zifflaw.com

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Bicycle Accident Victim Tells Why It Is Important to Have the RIGHT Car Insurance!

Bicycle Collisions, Bicycle LawsNo Comments

Keys-on-car-insurance-policyI have a true story to share about the serious consequences of NOT having the correct car insurance. The cautionary tale I have to tell  happened to a local person, a client of mine who gave me the go-ahead to share his name and story.

I have blogged before and even written a book about the vital supplemental coverage your car insurance provider may be unwilling to tell you about. The most important insurance you can buy – and I bet you don’t have it – is SUM: Supplemental Uninsured/ Underinsured Motorists coverage.

What is SUM and why would an insurance company be reluctant to sell it to you? (It goes against common experience, right!?)

SUM provides coverage from YOUR insurance company to protect YOU if the other driver’s policy does not adequately cover your damages.

Insurance companies are reluctant to push SUM coverage because it offers a lot of coverage for low premiums – making it a smart buy for consumers and a losing proposition for insurance companies.

One accident victim’s story

New York state law requires all drivers to carry liability insurance.  But the minimum coverage is $50,000 – a drop in the bucket if you have serious injuries and lose time from work.

My client, Peter Schrempf of Ithaca, kindly gave his consent for me to share his story on the NY Injury Law Blog, in the hopes that his experience could forewarn others.

Peter was run down while riding his bicycle. He was struck by a pickup that stopped at a stop sign on a side road, but then continued on. The driver claimed that he never saw Peter.

Peter suffered massive injuries from the collision. Unfortunately, the driver of the pickup truck only had $50,000 of liability coverage. That is the minimum required by New York state law.

Peter also only had $50,000 of SUM coverage from his own insurance carrier. This means that, bottom line, the most Peter could receive in compensation for his debilitating injuries is $50,000.

I wrote a whole book on the topic of protecting your family with the proper auto insurance, “Learn the Five Secrets to Buying Auto Insurance in NY.” It was based on what I found,  in more than 20 years as a personal injury lawyer, to be the biggest return on investment for car insurance protection you can buy. In an appendix to the book, I even explain the cost comparisons for increasing your SUM coverage.

I have also written before on the NY Injury Law Blog regarding SUM coverage, in the post “Too Many Drivers Light on Insurance Coverage, Elmira Accident Attorney Warns” in particular. In addition, the Ziff Law Firm has an FAQ about car crashes and auto insurance.

If Peter had my recommended minimum SUM coverage of $250,000 on his own car, he could have received an additional $200,000 from his own insurance company. All of this additional coverage for what would have been less than $10/month in additional premiums.

It is sad to say, but the value and availability of SUM coverage is NOT common knowledge. That is why I try to share information about this important coverage out every chance I get and through different means – from my book, to my firm’s web site and by blogging. Please learn something from Peter’s experience and my knowledge of New York state car insurance coverage laws – don’t delay in asking your insurance provider about your SUM options.

Thanks for reading,
Jim
_________________________________

James B. Reed
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Mailto: jreed@zifflaw.com
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Web: www.zifflaw.com
Blogs: NYInjuryLawBlog.com and
NYBikeAccidentBlog.com

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A Smart Approach to Bicycle Safety: A New York County Makes Helmets Mandatory for All Ages

Bicycle Laws, Bicycle SafetyNo Comments

Man-in-bicycle-helmetThe general law in New York state is that the only bicycle riders required to wear a bicycle helmet are those 14 years old or younger.

However, there is nothing prohibiting a municipality or county from imposing greater safety protections than the state law. I was very pleased to learn that Rockland County, N.Y., imposes an obligation for ALL BICYCLE RIDERS TO WEAR A HELMET!

As a lawyer having handled many bicycle accident cases, I can tell you that a helmet is the single most important thing you can do to protect yourself in a bike vs. car collision. That’s why I preach to my kids and all my riding buddies: NEVER ride without a helmet.

Here’s the Rockland County law requiring all bicyclists to wear helmets:

§ 217-2. Helmet and child seat requirements.

No person shall operate a bicycle or ride as a passenger on bicycle unless:

A. Such operator or passenger is wearing a helmet meeting the standards of the American National Standards Institute (Ansi Z 90.4 bicycle helmet standards) or the Snell Memorial Foundation’s 1984 Standard for Protective Headgear for Use in Bicycling. For the purposes of this section, “wearing a helmet,” means having a helmet of good fit fastened securely upon the head with the helmet straps; and

B. For passengers 1 or more years of age and less than 5 years of age, such passenger is also placed in a separate seat attached to the bicycle and such seat shall have adequate provision for retaining the passenger in place and for protecting the passenger from the moving parts of the bicycle.

Thanks for reading and RIDE SAFELY,

Jim

_______________________________
James B. Reed
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Mailto: jreed@zifflaw.com
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Web: www.zifflaw.com
Blogs: NYInjuryLawBlog.com and NYBikeAccidentBlog.com

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