New York Times Senior Writer John Markoff.

I had a great chat recently with New York Times Senior Writer John Markoff about my experience representing cyclists injured while riding GPS-equipped bikes. On three separate occasions in the last two years, I have been able to use GPS data to enhance cases for injured cyclists.

In Markoff’s article, “Bike Crash Wiped Details; GPS Data Filled Them In,” he writes about a July cycling accident he had in California that left him with serious injuries but few memories of what happened.

He’s recovered, and thanks to his “black box” on his handlebars — a Garmin cyclometer — he was able to piece together a likely scenario of what caused him to crash. He could see that his speed decreased from 30 mph to 10 mph and then zero just seconds before the crash. Using GPS data and Google Maps, he was able to pinpoint the scene of the crash.

He returned to the scene and found a long, thin, deep pothole that likely knocked him from his bicycle.  I call these types of potholes “tire grabbers” because of the very nasty way in which they can literally grab your front wheel causing it to immediately stop and causing you to fly over the handlebars in a very dangerous way.

My comments appear midway through the story:

Lawyers who specialize in bicycle accidents say GPS data can be used by both sides.

“It’s a double-edged sword,” said James B. Reed of the Ziff Law Firm in Elmira, N.Y., who often represents cyclists involved in collisions with cars. He noted that GPS technology was altering the way both car and bicycle accident claims are settled.

“It’s important for people who are representing the injured people or the insurance companies to know how to obtain and analyze the data,” he said. “Frankly, it’s probably going to be a booming new industry for experts.”

GPS data provides a precise, objective measure of the cyclist’s speed at the exact time of impact, which is often very helpful in defusing the common “the bicyclist was going like a bat-out-of-hell” defense.

It sure is fun to have a motorist swear under oath that the cyclist was going “at least 30 mph” and then pull out the GPS data that proves the cyclist was only going 14 mph!

Although I hope and pray none of you in Elmira, Corning, Ithaca or across the Twin Tiers ever needs GPS data for this purpose … but if you ever have the misfortune to be in a bicycle accident … please be sure to preserve the GPS data and be sure to speak with an experienced bicycle accident attorney immediately.  Failure to properly preserve the GPS data or other important physical evidence could easily kill an otherwise good bike accident case.

Thanks for reading, Jim

_________________________________

James B. Reed

NY & PA Bicycle Accident Attorney

Ziff Law Firm, LLP

Mailto: jreed@zifflaw.com

Office: (607)733-8866

Toll-Free: 800-ZIFFLAW (943-3529)

Web: www.zifflaw.com

Bicyclists should know that lawyers play an important role in protecting them in case of an accident.

I am an avid cyclist and bike accident lawyer, and I recently discovered an important blog entry posted by a bicycle accident lawyer in South Carolina.

It’s a “must-read” for ALL cyclists in Elmira, Corning and the Twin Tiers!

South Carolina bike accident lawyer, Peter Wilborn of Bikelaw Blog posted “7 Things You Should Know About A Cycling Lawyer” by Fred Sexton. I cannot thank Mr. Sexton enough for making these very good points about why cycling lawyers are so important for ALL cyclists.

Most of us who handle these cases devote countless volunteer hours supporting bicycle advocacy issues in our community. I long for the day when it will be safe for cyclists to simply ride their bikes. But until that day comes, you can be sure that bicycling lawyers will continue to fight the good fight.

Here is the complete post:

As a cyclist, you are part of a greater community of people who have a similar set of interests and values. You should know that as a member of that community, you have rights and resources that are meant to help and protect you while you are riding. In the case of an accident, here are some things you should know about cycling and the law, and the attorneys who relentlessly work to protect cyclists.

1. First and foremost, cycling attorneys are advocates for ALL cyclists. That means: commuters, racers, beginners, and advanced riders. If you ride a bicycle for any reason, for pleasure, for transportation, for sport, you should know these attorneys are looking out for your best interests.

2. Cycling lawyers will always recommend getting more UM/UIM (Uninsured/Underinsured Motorist Insurance). Every cyclist should increase his or her UM/UIM coverage so if an uninsured or underinsured motorist hits you on your bike you are covered. (Talk to your cycling attorney about the laws that apply in each state!)  Note: in NY, this coverage is often referred to as SUM (Supplementary Uninsured Motorist coverage).  Same coverage, just a different name.

3. Cycling lawyers are here to protect you on the road. By going after the texting teenagers or the speeding sports car driver who hits you, you are sending a message to other drivers and also insurance companies. You are saying we aren’t going to take it anymore! Drivers and cyclists need to be mindful, drive carefully, and share the road. We both pay for it with tax dollars and we both need to obey the rules established on the road.

4. Lawyers that specialize in representing cyclists are probably cyclists too — and probably really nice! They understand the joys of cycling and the dangers as well. If you ride a lot, it is probably not a bad idea to get to know one. You may even be lucky and find one to ride with!

5. Did you know you may have rights against a homeowner whose dog bites you or knocks you off your bike? I’m not suggesting you ride around with kibbles and bits in your jersey. (Certainly avoid attracting attention of our four-legged friends when cycling if possible.) But I’ve heard of a number of people getting bitten or crashing to avoid getting bitten. Then, all too often, they get bitten without any recourse to the dog’s homeowner. You do have rights!

6. You should know that N.C. is one of only four states that follows the principle of contributory negligence. Meaning, if you are even just 1 percent at fault in an accident, (yeah, I know) then the driver’s insurance will try to avoid responsibility for your damages. But even if you think this could be your situation, if you are in N.C. (or any state) and get hit by a motorist, talk with a cycling attorney to see what your options might be.

Please note: The sixth point is NOT correct for bike accident cases in NY and PA, where our law is actually more favorable than the N.C. law he is talking about. In NY and PA, we have what is called pure comparative negligence (rather than the contributory negligence they have in NC). 

Under pure comparative negligence, a defendant motorist is required to pay in direct proportion to the extent they are found to be at fault. For instance, if the motorist is found to be 100 percent at fault, he pays 100 percent of the verdict. If he is 50 percent at fault, he pays 50 percent of the verdict. If he is found to be 10 percent at fault, he pays 10 percent of the verdict.

7. Writing down license plate numbers for drive-by swooshes can be helpful in identifying aggressive drivers. (Always carry at least a marker with you while cycling.) As a community of cyclists, we are able to better police the streets if someone does plow you over when you are on your bike. If this driver has been reported before for erratic driving around cyclists, it makes the case much easier for you and your cyclist attorney. (There is a guy that rides aroundCharlottewith a video camera mounted on his bike at all times for this reason. Someone is in jail because of his video evidence. Without it, the defendant most likely would have gotten away.) If you are interested in installing a bike camera I recommend you look at getting a cycling camera mount to use with your existing video camera (like a flip) or get a whole new cycling camera system. 

Cycling attorneys can be an enormous benefit to you as a rider and you should be aware that you have that resource at your disposal should you need it. Not only are these great lawyers required when an accident happens, they continue to advocate for cyclists and their rights when it comes to the road.

Please remember to ride safely!

Thanks for reading, Jim

_________________________________

James B. Reed

NY & PA Bicycle Accident Attorney

Ziff Law Firm, LLP

Mailto: jreed@zifflaw.com

Office: (607)733-8866

Toll-Free: 800-ZIFFLAW (943-3529)

Web: www.zifflaw.com

Always preserve your data if you have a bicycle accident on a bike with a GPS-enabled computer.

I have to admit that as a lawyer in Upstate New York, I never expected that I would get a call from a New York Times reporter.

Sure, I have been interviewed many times by local papers and even a few times by national legal papers but I never imagined I would get called by the New York Times. Wow!

Today, I had a great chat with John Markoff, a New York Times Senior Writer, who is writing an article about using GPS data to reconstruct bicycle accidents. John found a post I had done about using the GPS data from a client in one of my bike accident cases to defuse a false insurance company claim that my client was “going like a bat out of hell … at least 30 miles per hour.”

In that case, I was able to produce the GPS data from my client’s Garmin cycling computer, which confirmed my client was only going 18 mph when he was mowed down by the negligent driver. This objective proof helped put the lie to the other driver’s claim and permitted me to obtain a substantial settlement with the driver’s insurance carrier.

Without the GPS data, I would have been left with the old “he said, she said” argument. With the GPS data, I had cold, hard, objective proof of the exact speed my client was riding his bike. That proof can make all the difference in the world when handling bike accident lawsuits.

John and I had a great chat about his own bike accident and how he was able to use his GPS data to recreate exactly how he crashed. John was riding solo when he crashed and had no recall of what caused him to crash because he was knocked unconscious and was taken from the scene by paramedics. He was able to analyze his GPS data to determine exactly where he crashed and was able to identify a pothole he believes caused his crash.

So aside from my own thrill in being interviewed by THE Times, the real takeaway from this discussion is a reminder that if you ever have the misfortune to be involved in a bike accident on a bike that is equipped with a GPS-enabled computer, make sure to safely maintain the GPS data for analysis by your bicycle accident lawyer.

To learn more about the Garmin GPS, click here.

Thanks for reading, Jim

_________________________________

James B. Reed

NY & PA Bicycle Accident Attorney

Ziff Law Firm, LLP

Mailto: jreed@zifflaw.com

Office: (607)733-8866

Toll-Free: 800-ZIFFLAW (943-3529)

Web: www.zifflaw.com

All bicycle riders should read a blog post written by a Washington, D.C., police officer who was struck by a car while riding off-duty.

Elmira long-distance cyclist Bill Fischer brought my attention to a great post by a Washington, D.C., cyclist (and Police Officer!) who vividly describes her personal experience with being intentionally bumped by a car and then dealing with the frustrations of pursuing the criminal prosecution of the dangerous driver.

The post is very interesting reading and instructive to all cyclists, so I strongly urge my readers to read the post before reading any further.

Once you have read the post, consider my comments below:

YOU NEED TO IDENTIFY BOTH THE CAR AND THE DRIVER

I loved this quote:  “It’s great that you memorized the license plate number - but we don’t arrest cars, we arrest drivers.”

Cyclists often forget that not only is it important that they try to get the license plate and other identifying information regarding the car (i.e., color, make, model), but they also need to try to get a description of the driver– male or female, race, hair color, etc.

YOU NEED TO BE WILLING TO ASSIST THE POLICE

Another good quote:  “I would need to go there to see if I could positively identify the vehicle and driver.”

JUST BECAUSE YOU WEREN’T IN A BIKE LANE DOES NOT MEAN YOU ARE AT FAULT

And a final quote:  “No, there was no ‘bike lane’ – not that it mattered at al ….”    Many people, including cyclists and even the police, mistakenly assume that somehow they are at fault if they get injured while riding in any area that is not a designated bike lane.  Although I have written several posts about this before, let me be absolutely clear:

IN N.Y., CYCLISTS ARE NOT REQUIRED TO RIDE IN BIKE LANES.  CYCLISTS HAVE THE SAME RIGHTS TO USE THE ROADS AS CARS.

‘Nuff said.  Ride safely.

Thanks, Jim

_________________________________

James B. Reed

NY & PA Bicycle Accident Attorney

Ziff Law Firm, LLP

Mailto: jreed@zifflaw.com

Office: (607)733-8866

Toll-Free: 800-ZIFFLAW (943-3529)

Web: www.zifflaw.com

An Elmira bike dealer says he's repaired many bikes damaged in recent collisions with vehicles.

A local bike dealer told the Star-Gazette Thursday that a recent rash of car-bike accidents is an “epidemic.”

On the day after three bicyclists were struck by cars in the Elmira area, the assistant manager at Kingsbury’s Cyclery on West Water Street in Elmira said he’s seeing many damaged bikes.

“Lately we’ve seen a large number of bikes that have come in needing to be checked after collisions” with vehicles, Sloane Sims told the Star-Gazette.

Sims suggests that cyclists wear helmets and try to be visible, and urges drivers to give bicyclists at least three feet of space.

One of the bicyclists struck by a car Wednesday in the Elmira area remained in critical condition Thursday at Arnot Ogden Medical Center in Elmira.

Police said Paul Gavette, 72, of Elmira, is being treated for severe head injuries, according to WETM-TV.

Chemung County sheriff’s deputies told the Star-Gazette that Jaclyn Bouille, 19, of Elmira, was driving south on Clemens Center Parkwayat about 2 p.m. Wednesday when her vehicle struck Gavette near the parkway intersection with Cedar Street in Southport.

The police investigation continued Thursday, deputies said.

As a bike accident lawyer who has represented many bicyclists involved in intersection collisions, I am always fearful of what the police investigation may conclude where one party — usually the uninjured motorist — is the first to tell the police their version of what happened, while the other party — like here, the injured cyclist — is hospitalized with horrible injuries and is therefore unable to talk to the police. Under these circumstances, it is a well-known phenomena of human psychology that the investigator can unwittingly get sucked into accepting the first version of how the collision occurred. Because of this, it is very common in bike accident cases that the police conclusion is that the cyclist was at fault when in fact more detailed investigation and accident reconstruction reveals that the initial police investigation was incorrect and that in fact the motorist was at fault.

I just hope Mr. Gavette quickly recovers from his injuries and that the police withold judgment on who was at fault until they can speak with him.

Police said Thursday a 46-year-old man was not injured when he was struck by a car at about4 p.m. Wednesday at Pennsylvania Avenue and West Miller Street in Elmira.

A mother and her 1½-year-old son struck by a motorist at about 7 p.m. Wednesday were only treated for bumps and bruises at Arnot Ogden Medical Center and released. The mother and son were struck as the mother rode a bike (with the son in a child’s seat) on West Church Street in West Elmira.

The driver, Ronald Vosburg, 37, who was backing out of his driveway, was cited Thursday for unsafe backing.

Thanks, Jim

_________________________________

James B. Reed

NY & PA Bicycle Accident Attorney

Ziff Law Firm, LLP

Mailto: jreed@zifflaw.com

Office: (607)733-8866

Toll-Free: 800-ZIFFLAW (943-3529)

Web: www.zifflaw.com

Motorists need to be very cautious around bicyclists this summer.

I have handled bicycle accident cases in the Elmira, Corning an dIthaca area for more than 25 years but I can’t remember another time when I read of three serious bike injury crashes in one day in one city.

This is a great wakeup call and important reminder to all bicyclists and motorists that this is the peak bicycling and motorcycling season and riders have to be particularly attentive to the presence of bicycles on the local roads.

Today the Elmira Star-Gazette posted an article discussing the three Elmira area bike accidents Wednesday. According to the Star-Gazette:

• A 72-year-old man was struck shortly after2 p.m. at Clemens Center Parkway and Cedar Street in Southport.
• At about4 p.m., a 46-year-old man was struck at Pennsylvania Avenue and West Miller Street.
• At about7 p.m., a 35-year-old woman and her 1 1/2-year-old son were injured when a vehicle backing out of a driveway on West Church Street in West Elmira struck the mother’s bike. The child was strapped into a child’s seat on the front of the bike.

What I found interesting about these bike-car crashes is that contrary to what most people think about those most likely to be hit by a car while riding a bike — namely younger kids and teenagers — all three of these collisions involved adult victims: 72 years old, 46 years old and 35 years old (with a small child).

This supports exactly what I have been saying for a long time: many more adults are riding bikes.

These collisions also provide important lessons to both motorists and bike and motorcycle riders:

Motorists — ALWAYS be on the lookout for bikes, motorcycles and pedestrians. Whether backing out or driving in residential neighborhoods, city streets or country roads, always be vigilant for bikes, motorcycles and pedestrians because, unfortunately, it is very easy to not see a smaller bicycle or motorcycle if you are only on the lookout for bigger cars and trucks.

Bicyclists and motorcyclists — ALWAYS assume you are invisible to cars and trucks because, sad to say, most motorists simply fail to see you. Pedestrians need to be just as alert.

Better safe than sorry.

Thanks, Jim

_________________________________

James B. Reed

NY & PA Bicycle Accident Attorney

Ziff Law Firm, LLP

Mailto: jreed@zifflaw.com

Office: (607)733-8866

Toll-Free: 800-ZIFFLAW (943-3529)

Web: www.zifflaw.com

A new YouTube video makes a funny but smart point about bike lane safety,

I am a bike rider. I am a lawyer. I encourage EVERYONE, bike riders AND motorists, to obey the law.

But as a bike rider who knows NY and PA bicycling laws, I can tell you that there are MANY laws on the books that make absolutely no sense.

And I can also tell you that there are many people, including some police officers and judges, who simply do NOT know the law as it applies to NY bicyclists.

I know from painful personal experience how frustrating it is for cyclists to encounter motorists or police who mistakenly tell them they are “breaking the law” when in fact they are not.

The video below is awesome because it portrays in a VERY comical fashion what happens when you strictly comply with what a police officer has told you is the law. Sometimes humor is the best revenge.

Here is what happened, according to The Associated Press: filmmaker Casey Niestat was issued a $50 ticket for not riding his bicycle in a Manhattan bicycle lane. Niestat told the officer he was riding on Second Avenue to avoid potential hazards in the bicycle lane.

In a video posted online this week, Niestat plows his  bike into various obstacles in bike lanes, including barrels, delivery trucks and even a police car. He told the AP that none of the obstacles were placed there for the video.

The AP noted that bicyclists must stay in the bike lanes, when they are available, except when conditions are not safe! And tickets are at the discretion of all officers!

P.S.:  The lawyer in me feels compelled to note that I do NOT endorse riding without a helmet (EVER!) and I sure as heck don’t recommend intentionally crashing your bike into anything but the biker in me sure did find this funny….. 

Thanks, Jim

_________________________________

James B. Reed

NY & PA Bicycle Accident Attorney

Ziff Law Firm, LLP

Mailto: jreed@zifflaw.com

Office: (607)733-8866

Toll-Free: 800-ZIFFLAW (943-3529)

Web: www.zifflaw.com

There are many benefits to having police officers on bicycles.

There is one sure sign of summer every year in Elmira – city police officers on bicycles.

The Elmira Police Department has resumed its officer bike patrols, according to this report on WETM-TV.

The program is in its 15^th year.

I love the idea of Elmira police officers on bikes for many reasons

• Bikes are a great way for police to forge a closer connection with the neighborhoods and people they protect.
• Bikes are an effective crime-fighting tool because bikes permit police to quickly and quietly patrol Elmira.
• It’s healthy for the officers and good for the environment.
• And perhaps most importantly, I believe that those police officers riding bikes quickly get an appreciation for the daily dangers faced by cyclists.

I hate to say it, but until you have actually spent a lot of time out on the roads on a bicycle, the general public just doesn’t have an appreciation for how frequently motorists dangerously threaten cyclists’ safety.

This goes for many police officers, too, so I think the fact that many officers are spending significant time on bikes gives them a firsthand appreciation for just how often cyclists are exposed to close brushbacks by cars, getting squeezed into the curb, doored or other dangerous driving.

Elmira Police Officer Jeremy Oakes told WETM the bikes offer several benefits.

“Most people aren’t looking for bikes; they don’t see them coming,” he said. “They’re quiet. It’s a very effective tool to get out there.

“Plus, it’s nice that the kids want to talk to you. People say, ‘Hey, when did you get the bikes?’ And it opens up communication.”

If it weren’t for a lack of manpower, officials told WETM they’d have the bike patrol out every day instead of primarily on weekends.

Oakes, who says he’s made several arrests on the bike, says his main patrol area is Heritage Park on the Eastside.

Elmira isn’t the only city upstate using bike patrols. The Buffalo Police Department told the Buffalo News last month it would use bikes and Segways as part of an “enhanced visibility plan” in the city.

“Our approach this summer will be to provide the highest police visibility possible,” Mayor Byron W. Brown told the Buffalo News.

“We want to be out there and want to stop crime before it even happens,” said Buffalo Police Commissioner Daniel Derenda.

To learn more about police bike patrols, go to the Law Enforcement Bicycle Association and click on their FAQs.

Thanks, Jim

_________________________________

James B. Reed

NY & PA Bicycle Accident Attorney

Ziff Law Firm, LLP

Mailto: jreed@zifflaw.com

Office: (607)733-8866

Toll-Free: 800-ZIFFLAW (943-3529)

Web: www.zifflaw.com

Every month should be National Bike Month.

Our stormy month of May forced many of us to leave the bicycles home too often during National Bike Month.  So I am suggesting we agree to make the month of June our unofficial National Bike Month.  Heck, with gas prices at an outrageous $4 per gallon, we might want to consider making EVERY month National Bike Month!

Summer is finally heating up and the storms have subsided (for now), AAA and the League of American Bicyclists are encouraging bicyclists and motorists to make safety a top priority.

While most adults ride bikes recreationally, an increasing number are riding their bike to work, to improve their health, save money and reduce their overall carbon footprint, according to AAA.

“Education – on both sides — is the key for all road users of all ages,” said AAA Traffic Safety Specialist Rhonda Markos. “Despite conventional wisdom, children are not the primary victims of bicycle crashes.”

Of the 630 bicyclist deaths in 2009, eight out of 10 were adults over 21, AAA said.

I was very surprised to see these statistics! I think most people assume that it is children who are killed but with more and more adults riding for fitness and commuting, more and more adults are exposed to the dangers presented by cars.

So the League of American Bicyclists and AAA have partnered on a campaign to encourage adult bicyclists to take five easy steps to safer riding:

Tips for adult bicyclists

1. Follow the Rules of the Road: Always ride with traffic, staying to the right except when it is unsafe to do so, obeying the same laws as motorists. Use hand and arm signals to indicate your intention to stop, merge or turn.
2. Be Visible: Ride where drivers can see you. Do not ride on the sidewalk. Wear brightly colored clothing at all times. At night, use a white front light and red rear light or reflector, and wear reflective clothing.
3. Be Predictable: Ride in a straight line and don’t swerve between parked cars. Make eye contact with motorists to let them know you are there.
4. Anticipate Conflicts: Always be aware of traffic around you and be prepared to take evasive action, exercising additional caution at intersections. Learn braking and turning techniques to avoid crashes.
5. Wear a Helmet: Helmets, when worn properly, are up to 85 percent effective in protecting the head and brain in the event of a crash. Should you crash, or have an impact that affects your helmet, replace it immediately. Fit matters: Wear your helmet level on your head, low on your forehead, with no more than two finger widths above your eyebrow.

Motorists, too, can make an effort to reduce bicyclist injuries and fatalities. AAA encourages motorists to take the following precautions when sharing the road with bicyclists:

Tips for motorists

• Stay alert, avoiding all distractions while driving.  This means no phones and definitely no texting while driving!
• Yield to bicyclists when turning.
• In bad weather, give bicyclists extra passing room.  NY law requires you to only pass bicycles when you can do so safely so don’t insist on passing a bike unless you have plenty of room to do so.
• Check mirrors and blind spots for bicyclists before entering or leaving a lane of traffic.
• Slow down and give at least 3 feet of clearance when passing.
• Reduce your speed when passing bicyclists, especially when the road is narrow.
• NEVER honk your horn at a bicyclist just to let them know you are there; it could cause them to swerve into traffic or off the roadway and crash. Save your horn for emergencies.
• Always check for bicyclists before opening your car door.

Let’s make EVERY month National Bike Month!

Thanks, Jim

_________________________________

James B. Reed

NY & PA Bicycle Accident Attorney

Ziff Law Firm, LLP

Mailto: jreed@zifflaw.com

Office: (607)733-8866

Toll-Free: 800-ZIFFLAW (943-3529)

Web: www.zifflaw.com

Bicyclists face dangers every time they ride.

As a New York bike accident lawyer and avid cyclist, every time I read of a bicycle accident fatality, I quietly think, “There but for the grace of God go I.”

I particularly get this sad feeling when the bike accident occurs so close to home.

My heart goes out to the family of Charles E. McIntire, who died on April 29 after suffering critical injuries in a recent bike accident on the Walnut Street Bridge in Elmira, N.Y.

Mr. McIntire was a 1993 graduate of Southside High School in Elmira and a valued volunteer at the Pine City Food Bank, according to the obituary in the Star-Gazette newspaper.

Here is a news report on Mr. McIntire’s passing:

Bicyclist Hit on Walnut Street Bridge Passes from Injuries

Reported by Stacy Minchin

WETM-TV

Elmira, N.Y. – The bicyclist hit by a car on the Walnut Street Bridge last month has died.

36 year old Charles McIntire of Southport died as a result of the injuries he sustained.

Police say he rode out in front of a car on the Walnut Street Bridge on April 12th.

Elmira police say the driver who hit the bicyclist is cooperating.

We are not releasing her name because no charges have been filed against her.

The Elmira Police Department continues to investigate the accident.

See also: Elmira Bicycle Accident Lawyer Discusses  Walnut Street Bridge Accident

….