It’s sad that it takes the death of many cyclists before the NY Legislature took action to address a dangerous problem – motorists unsafely crowding cyclists while passing.

All I can say is, “better late than never.”

The  new law is known as Merrill’s Law. It requires that drivers in New York state keep a safe distance from cyclists while passing. The law was proposed in honor of Merrill Cassell, who was killed when he was sideswiped by a bus while riding his bike. The bus driver in Merrill’s case was not even ticketed.

In some states, it is mandatory for motorists to drive at least 3 feet away from the cyclist when passing. The new NY law is not quite so good. It is a little vague to require that motorists to keep a “safe distance” from a cyclist while passing that cyclist.

It will be up to the courts to define what constitutes a “safe distance” – but clearly if a motorist sideswipes a cyclist, they were NOT a safe distance away from that cyclist!

The new law has been passed by both the Senate and Assembly and is awaiting the Governor’s approval. If approved, the law would become effective November 1, 2010.

I came across the article “Bicycle Safety Legislation Passes New York Legislature” at WGRZ.com. It explains the issue and the legislation, and a copy is pasted below. The passage in red concerns the “safe distance” vs. 3 feet issue – and one lawmaker makes the point that 3 feet may not always be enough of a safe distance.

“Bicycle Safety Legislation Passes New York Legislature”

(CARA MATTHEWS, Gannett Albany Bureau)

ALBANY – Following the death of a 66-year-old bicyclist in Westchester County last November, the New York Senate and Assembly have passed legislation that would require vehicles to pass cyclists at a safe distance to prevent accidents.

Westchester Putnam Bike Walk Alliance member Merrill Cassell was biking on Route 119 at the Greenburgh/White Plains border Nov. 6 when he was sideswiped by a Bee-Line public bus and killed. The bus driver didn’t receive a ticket.

The legislation, which passed the Senate 57-3 last Friday and Assembly 102-0 Monday evening, now goes to Gov. David Paterson for his consideration. If signed, it would take effect Nov. 1, and violators could receive a traffic infraction.

Senate sponsor Andrea Stewart-Cousins, D-Yonkers, said Cassell, a Hartsdale resident, was a constituent who fought hard to get people out of their cars, educate the public about bike safety and make roads safer for cyclists. The legislation has become known as “Merrill’s Law.”

“And his death was certainly tragic, but we all felt that because he had given so much of his life to ensuring the enjoyment as well as the safety of bicycling that we should not let his memory be lost and certainly his death would not be in vain,” she said.

The bill would improve safety for people who cycle on right side of the road by requiring passing vehicles to keep a safe distance from the left side of the bicycle.

“It’s great that they’re doing this and it’s got his name on it and hopefully it will save many lives,” said Tania Cassell of Miami, Merrill Cassell’s daughter. “And it may have saved his life.”

Merrill Cassell was passionate about the outdoors and fitness all his life, running in numerous marathons, his daughter said. He became an avid cyclist after retiring as budget director for UNICEF, she said. “He just loved it. The neighbors knew him. He would wave to them,” said Tania Cassell, 43, of Miami.

Another piece of legislation that would affect cyclists would require planners to consider the need for bike lanes and paved shoulders when constructing or making major changes to roads. The bill passed the Senate. Assembly Transportation Committee Chairman David Gantt, D-Rochester, was pushing a version of the bill that would apply only to state roads, arguing that including all roads would be another mandate on local governments. But Gantt amended his bill Tuesday to match the Senate’s, said Bill Ferris, the AARP’s legislative representative.

The legislation would not require bike lanes, paved shoulders and other amenities if they were deemed too expensive.

On Merrill’s Law, the original legislative proposal was for a 3-foot passing law, which 16 states have, said David McKayWilson, president of the Westchester Putnam Bike Walk Alliance. There was opposition in the Assembly, so the bill was changed to passing at a safe distance. Eight states have such laws, including Oregon and Washington, which are pro-bike states, he said. In some circumstances 3 feet may not be enough, said Wilson, such as when trucks pass bikers.

The Westchester Putnam Bike Walk Alliance and the Westchester Cycle Club, which Wilson also heads, and the New York Bicycle Coalition worked together to lobby for the legislation. “It’s unfortunate that it took the death of Merrill Cassell to make it happen, but if there’s something good that came out of his death, then we’re glad to be able to do this in his honor,” Wilson said.

In explaining the bill to the Assembly Monday, Assemblywoman Amy Paulin, D-Scarsdale, Westchester County, said proponents want to “call attention to the fact that there have been many instances as of late where bicyclists have been killed essentially by motorists because of their hazardous driving or they’ve driven too close to them.”

Paulin, who was hit by a car and knocked off her bike as a teenager in Brooklyn, conceded that the legislation would be difficult to enforce.

Assemblyman Robert Castelli, R-Goldens Bridge, voted for the bill but said that, as a former member of the State Police, he is concerned enforcement would “be very iffy.”

“While I appreciate the idea that there is a discretionary aspect to the enforcement of it, it’s impossible to codify what safe distance is when you are dealing under these circumstances. And what’s safe to one officer may not be safe to another,” he said.

Thanks for reading and RIDE SAFELY,

Jim

_________________________________

James B. Reed
NY & PA Bicycle Accident 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

As a racer who rides a Trek Madone 6.9 with a carbon fiber fork steerer tube, I was very disturbed to read the VeloNews article “Steered wrong? Racers concerned about broken carbon steerer tubes” (pasted in its entirety below) describing a number of traumatic failures of the carbon steerer tube.

I can’t imagine anything scarier (or more dangerous!) than your handlebars coming off in your hands at high speed!

As a bike accident lawyer, I think Trek (and other manufacturers of carbon steerer tubes, carbon handlebars, etc.) may have a BIG problem on their hands.

I have long worried that the carbon I love so much, may be dangerous in certain applications, like steerer tubes and handlebars because carbon is so susceptible to traumatic collapse by compressive forces. We all know how tough carbon is when longitudinal forces are applied to it but we also know that carbon is like a fragile egg shell when you apply sideward forces to the carbon tubes. If your buddy insists that carbon is super tough, ask him if you can lean his bike on its side and just softly step on the middle of his top tube.

Now don’t get me wrong, I know that this is not the type of forces a bike frame is designed to endure, but it points out why carbon may be perfectly acceptable in one application but dangerous in another. What concerns me about using carbon in applications like a steerer tube or handlebars is that you know that you are going to be subjecting that component to the exact types of compressive, sideward forces to which carbon is so susceptible.

Because of this susceptibility, Trek makes it clear that you must be very precise in the tightening of carbon components but my concern is that it is VERY foreseeable that consumers will NOT necessarily read the instructions or have the necessary equipment (precision torque wrenches).

In fact, I can tell you I have been in many bike shops where I have watched very experienced mechanics working on carbon components with traditional allen wrenches rather than the recommended torque wrenches. Geez, if we can’t count on the experienced mechanics to follow the guidelines, we sure can’t expect every consumer to do so.

So, the real question is whether using carbon in these applications is simply unreasonably dangerous? I suspect some jury will be answering that very question some day in the future after some poor bicyclist dies or is maimed when his carbon handlebars or steerer tube fails……

So let me close with a STRONG recommendation. If you have a Trek Madone or any bike with a carbon steerer tube or carbon bars or carbon stem, by all means have it checked out by a reputable bike shop with the recommended equipment. Also, periodically perform a careful examination of your components and immediately replace if you find any signs of cracking or damage. I would much rather have you have a long and happy cycling career than a good lawsuit.

Hope you have a great ride.

Thanks, Jim

_________________________________

James B. Reed
NY & PA Bicycle Accident 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

I came across this news item on The Chicago Bike Advocate blog and realized it’s the perfect follow-up to “NY Bike Accident Lawyer Angered by So-Called “Joke” “ my recent post about the patently UNFUNNY practice of joking about hitting bicyclists with cars.

I guess drivers won’t think it is so funny when they end up sitting in jail!

“Ten Days in Jail for Intentionally Striking a Bicyclist”

(Via The Chicago Bicycle Advocate by Brendan Kevenides )

“Yesterday, a Chicago man was sentenced to 10 days in jail, followed by probation, for intentionally striking an unlucky bicyclist with his car in Brookfield. The sentence was handed down by Cook County Judge Carol Kipperman. The driver and his buddy were intoxicated at the time of the incident and allegedly took turns behind the wheel hunting down cyclists. The other driver is scheduled to be in court Monday and is also charged with striking a bicyclist. Neither of the two bicyclists struck in the attacks on May 31, 2009 sustained life-threatening injuries. This story was reported by chicagobreakingnews.com.

This matter is hard to swallow. To say that this is a light sentence for what sounds like attempted murder is putting it mildly. I hope there is more to the story than is being reported. Otherwise, this is the sort of outcome that may chip away at the public’s faith in our courts.”

I wholeheartedly agree with Brendan’s sentiments about this case and applaud him for spreading the word about it. Jail time serves the jerk driver right. My only criticism is that the jail sentence should have been MUCH longer.

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.

A friend of mine in the insurance business sent me a VERY disturbing email this morning:

Disturbing: I talked to an 80-plus-year-old guy who has a Caddy Escalade with big chrome brush bars.

I half jokingly said,  “So, plan on off-roading a lot with your $65,000 truck with those brush bars?” and he said, “Ha ha- we call those bicycle bars”

What?!?!? I can already can imagine the death and destruction when this guy has a heart attack behind the wheel of this death-dealer. There should be a law….

Sadly, this kind of “joke” is way too common these days. We all heard about the California road rage criminal trial where a doctor was convicted of intentionally mowing down two cyclists. There are countless other stories of motorists “buzzing” or “brushing back” cyclists.

Cars kill cyclists every day. I am very concerned about this emerging, popular attitude that it is somehow OK or “funny” to talk about maiming cyclists.

So, let’s be clear: There are laws—both criminal and civil—that protect cyclists and punish motorists who hurt or kill bicyclists.

And let’s be even more clear: AS AN AVID CYCLIST AND BICYCLE ACCIDENT LAWYER, I HAVE ABSOLUTELY NO HESITATION TO SUE THE PANTS OFF ANY MOTORIST WHO INJURES ONE OF MY CLIENTS!

Let’s see how funny the motorist thinks he is when he mows down one of my clients and is now facing the mother of all lawsuits.

“He who laughs last…….”

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

Image from Discovery News

I am also old enough to remember the old Bell helmet ads from the 1970’s: “If your head isn’t worth $60, then you don’t need our helmet.”

Even with current costs for helmets well over $100, my feeling is that a good helmet is worth every penny.

It’s also important to remember that helmets don’t last forever. You should perform periodic inspection of your helmet to make sure it is still safe, and always discard a helmet after a crash.

The foam in a high-tech new helmet – instead of your head – is designed to absorb the impact  in a crash.

What many people don’t realize is that a helmet should be discarded after any strong impact – even if it doesn’t show visible signs of damage. Hairline cracks or a fracture in the foam render the helmet much less useful as head protection.

A German company came up with a great solution to let bicyclists know when it’s time to replace a helmet. As reported on the Chicago Bicycle Advocate Blog in the post “New Bicycle Helmet Smart/Stinky,” a German company has come up with a helmet that stinks like Limburger cheese after it’s cracked.

The foam contains microcapsules of stinky oil that are released if the helmet takes enough of a knock.

CrunchGear had a quote from a scientist with the project:

“Cyclists often replace their helmets unnecessarily after dropping them on the ground, because they cannot tell whether they are damaged or not,” Dr. Christof Koplin, a research scientist at theFraunhofer Institute for Mechanics of Materials IWM, said. “The capsules eliminate this problem. If cracks form, smelly substances are released.”

What a smart idea. People hang on to all kinds of stuff, but not stinky stuff. Let alone something to wear on your head!

I’ll close with classic tips from the Bicycle Helmet Safety Institute:

When Should I Replace My Helmet?

Did you crash while wearing it?

Replace!

Did you drop it hard enough to crack the foam?

Replace.

Is it from the 1970’s?

Replace.

Is the outside just foam or cloth instead of plastic?

Replace.

Does it lack a CPSC, ASTM or Snell sticker?

Replace.

Can you not adjust it to fit correctly?

Replace!!

I hope this convinces you to check out your own bicycle helmet for its condition and quality.

Sure it costs money to replace a bicycle helmet or invest in one that is really going to protect you well. But you’ve only got one head, so THAT is priceless.

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.”

There’s something ALL cyclists MUST do to protect themselves.

It’s got nothing to do with the typical road safety tips you hear. It’s not enough to practice safe cycling and have the proper equipment. You’ve got to protect yourself and your family financially.

Yes, there is a strong risk for cyclists who don’t realize that their own insurance may be the only coverage they have in the event of a hit-and-run accident. Bicyclists have to check their auto insurance policies to make sure they have enough insurance to protect them.

A recent hit-and-run case in Syracuse serves as a perfect example of why having your own insurance is so critical. The Syracuse Post-Standard covered the accident: “Syracuse police: Bicyclist critically injured in hit-and-run crash.” There is always the possibility that the motorist, after hitting you on your bike, will take off and possibly never be found.

That’s what happened in this case.

In that scenario, your own insurance company will be your only means of recovery. I’ve blogged about this issue before, in the NY Bicycle Accident Blog posts “NY Bicycle Accident Lawyer Explains How to Protect Yourself in a ‘Dooring’ Claim” and especially “SUM Insurance: The Inexpensive and Important Coverage Every Bicyclist Needs to Know About”.

Your auto insurance coverage will NOT be enough to cover your medical bills in the event of a serious injury from a hit and run driver. It’s just not enough – standard policies don’t begin to cover the costs of intensive medical care. In New York, the minimum required coverage is $25,000. In Pennsylvania, it is only $15,000.

That’s why I personally recommend that all my cycling friends purchase a minimum of $250,000 of Supplemental Uninsured/Underinsured Motorist coverage.

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

SUM actually doesn’t cost much at all for the amount of protection it provides.

Michael Bersani, an attorney who blogs at the Central New York Injury Lawyer Blog, wrote an great post about this accident and this insurance issue.

The following section is quoted from his post, “Bicyclist Injured By Hit-and-Run Motorist is Entitled to Insurance Coverage.”

“If you are a cyclist, is a good idea to purchase additional SUM coverage.

You can purchase SUM coverage up to a level that matches your liability coverage. So, for example, if you are covered up to $100,000 for injuries you cause to others (called” bodily injury” insurance), you can purchase that same amount in SUM coverage to protect yourself if you get hit by an uninsured (or underinsured) vehicle.

It is a bargain, too — purchasing the additional coverage will raise your premiums by only a few dollars a month, and will provide you will much needed additional protection if you suffer a serious injury through the fault of an uninsured or underinsured driver.”

Please, take my advice and Michael’s advice and purchase SUM. We’ve seen what happens when seriously injured cyclists have to rely solely on their own insurance or on the meager funds of an underinsured motorist.

For bicyclists, only a few dollars a month can buy a big chunk of peace of mind.

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.

“Now, therefore, I, John S. Tonello, Mayor of the City of Elmira, do hereby proclaim May 2010 as BIKE MONTH in the City of Elmira and encourage all Elmirans to recognize the importance of bicycle safety and be more aware of cyclists on our streets.”

That’s it – the kicker to a recent proclamation by Elmira mayor John Tonello making May officially Bike Month in our area. I think it’s fantastic to have the value of bicycling officially announced – though of course for avid bike nuts like me and the members of the Finger Lakes Mountain Bike Club, Big Horn Velo, Bike & Walk Ithaca and the Southern Tier Bicycle League, any month it’s warm enough to ride is Bike Month!

As an Elmira Bicycle Accident Lawyer, I’m always concerned about issues of bicycling safety. Mayor Tonello mentioned in the proclamation (text included below) that the intent of Bike Month was to educate the general public about the importance and the prevalence of bicycling.

The Twin Tiers is practically a world-wide draw for great cycling. Finger Lakes Wine Country has some fantastic roads and views – just look at the popularity of the annual Bon Ton Roulet! There are great roads to ride around the most popular of the Finger Lakes – Seneca Lake, Canandaigua Lake, Keuka and Cayuga lakes. Bicyclists abound in cities such as Ithaca, Corning and the town of Big Flats. If you don’t visit the area because of the cycling opportunities, you must be tempted to ride because you live here!

Here’s the text of the proclamation naming May Bike Month in Elmira:

Whereas, for more than a century, the bicycle has been an important part of the lives of most Americans; and

Whereas, today millions of Americans engage in bicycling because it is a viable and environmentally sound form of transportation, an excellent way to stay fit, and provides quality family recreation; and

Whereas the education of cyclists and motorists as to the proper and safe operation of bicycles is important to ensure the safety and comfort of all; and

Whereas the Finger Lakes Mountain Bike Club and The Southern Tier Bicycle League are promoting  greater public awareness of bicycle operation and safety education in an effort to reduce accidents, injuries and fatalities,

Now, therefore, I, John S. Tonello, Mayor of the City of Elmira, do hereby proclaim May 2010 as BIKE MONTH in the City of Elmira and encourage all Elmirans to recognize the importance of bicycle safety and be more aware of cyclists on our streets.

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.

Bike Law 101 from Jim Reed on Vimeo.

The great folks at Avvo.com asked if I would be willing to conduct an online seminar on bicycles and the law. I was happy to do so.

If you aren’t familiar with Avvo, it’s an online legal directory. Avvo lists thousands of lawyers – with ratings and reviews. You can find a local lawyer based on location or area of legal expertise.

Avvo also offers information from lawyers about important legal topics. I spent about an hour presenting the webinar Bike Law 101.

It consisted of an overview of some of the issues involving bicycles and the law, then I fielded a series of dynamite questions posed by listeners.

I received some nice feedback after the Bike Law 101 webinar, so I thought it would be worthwhile to link to it here for those of you who didn’t have a chance to hear it live. Feel free to contact me and let me know if you have any questions.

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.

I just came across a great resource for area cyclists: Bike & Walk Ithaca, a website and group. Right here in the Twin Tiers, we have an active and well-informed bicycling community. According to the site’s About section, it’s a combined effort by and for area people who are interested in non-motor-powered mobility. The site advocates safe and fun bicycling and walking as a means of transportation, exercise, and recreation.

Some of the useful and interesting information you can find at Bike & Walk Ithaca:

• The site has a section devoted to Ithaca’s Bicycle Pedestrian Advisory Council (BPAC), and includes minutes from that group’s meetings.

• An event section lists upcoming activities of interest to bicyclists, including the Walk/Bike NY Symposium, June 7 and 8 in Hauppauge, NY. The symposium will bring together bicyclists, including the New York Bicycling Coalition, with and government agencies and other groups involved with biycling, from the State Department of Health and the Governor’s Traffic Safety Committee, to the Safe Routes to School National Partnership.

• There are a number of safety articles and helpful information, from cold-weather riding tips, to how to adjust your bicycling helmet. One of my favorites is a very useful feature, “Cycling Hazards,” an Ithaca-area map that shows where road conditions are dangerous for cyclists. Riders can leave comments to have the map updated as new hazards are encountered. It’s vital information for any local bicyclist to know.

• You can join the Bike Gang, an e-mail list, to receive information about events and issues concerning bicyclists and pedestrians in the area.

I found the site extremely informative and really wanted to give them a plug here on the NY Bike Accident Blog. Check out Bike & Walk Ithaca for yourself. It’s well worth it. They welcome new input as well – just e-mail info@bikeithaca.org or get involved on their Discussion page if you’re looking for more information or have suggestions for the site.

Check our their About page to see what they are all about. Lots of useful stuff on the site!

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.

I recently blogged about a troubling issue for many bicyclists: What can be done about pushy, aggressive drivers?

The post, “Careless Drivers Pose an Ongoing Danger, Worries Avid Cyclist” concerned Donal Fitterer, a rider connected to the Finger Lakes Cycling Club in Ithaca, and a bad experience he had with a truck.

That post inspired this response from a NY Bike Accident Blog reader:

“A comment/question about Don Fitterer’s incident with a truck pushing him off the road: Something similar happened to me 2 years ago when a Cornell University cop in a police car(!) tried to nudge me over because he thought I wasn’t riding far enough to the right.

Isn’t this grounds for a misdemeanor charge of reckless endangerment?

According to NYS Penal Code S. 120.20, reckless endangerment occurs when a person “engages in conduct which creates a substantial risk of serious physical injury to another person.” No actual injury need occur; it’s the creation of a fear of injury in the mind of the victim that matters.”

My response to that question:

The short answer is Yes, arguably conduct of this nature could constitute grounds for Reckless Endangerment. The practical problem is whether you can convince a police officer to ticket the driver and then the prosecutor to aggressively prosecute the charge.

Sadly, all too often, police are deaf to cyclist’s complaints regarding unsafe motorists. In their defense, sometimes this unwillingness is based upon their prior bad experience with cyclists who screamed about dangerous motorists but then didn’t have sufficient information to permit an effective prosecution (namely the license plate of the car and a decent description of the driver).

The key for us as cyclists is to diplomatically approach the police and provide them with all the info they need to do their job. If we do that and we still get a deaf ear, it is time to go to that officer’s supervisor or even to the chief of police. I have had good luck with this strategy in Elmira and Chemung County but it has taken me a long time to develop the kind of relationship necessary that they take me seriouslly.

I think it is imperative that local cyclists start to educate and forge relationships with the local law enforcement community if we hope to have their assistance.

I hope this helps.

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.