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

The Southern Tier Bicycle Club is gearing up its new bike-sharing program.

My hat is off to the Southern Tier Bicycle League for its efforts in creating a free bike-sharing program in Watkins Glen and Chemung County.

This is a super program that will help those of us in the beautiful Finger Lakes region of the Southern Tier get out on the roads to enjoying biking.

Here is a news report on the bicycle-sharing program:

Bike Share Program Urges Neighbors to Get Out on Two Wheels

Reported by: Jenelle Tortorella

WETM-TV

Elmira, N.Y. – One Chemung County group is working to get you off the couch and out exploring your neighborhood.

The Southern Tier Bicycle League unveiled a new bicycle share program. It makes bikes available to neighbors and visitors in the Southern Tier for free.

The Southern Tier Bicycle League has opened a bike share in the City of Elmira. With four adult bikes and five children’s bikes, the program gives neighbors and visitors the chance to ride through the Southern Tier, free of charge.

“It’s cheaper, you’re using less gas, and you’re able to get out and enjoy yourself,” said Kent Goben, the Southern Tier Bicycle League President.

This is the second bike share to come to the Southern Tier; the League opened the first one at the Village Marina in Watkins Glen last fall. There are two adult bikes and four children’s bikes there.

The bike pool provides two wheels to anyone who is interested, all you need to do is sign out a bike, buckle up your helmet, and return the bicycle by dark.

The creators of the bike pool said this service isn’t just a way to encourage you to get out and about, but it provides visitors to the area an alternative way to explore the Southern Tier.

“We have transients come in by boat and their only means of getting downtown to check out what we have to offer is by foot,” said Village Marina General Manager Mike Schamel. “There are a lot of nice places to visit near here like Watkins Glen, and the Catherine Trail. That’s a long way to walk by foot, but if you had a bike, you could check [those places] out.”

“I’ll advertise [the bike share] on my website and Facebook, that we have the ability to give our guests free bikes to use to go through the Historic District. Many people come to this area just for that reason; this way, they can stop and look at the houses and really enjoy it,” said Butch Monroe, the owner of the Painted Lady in Elmira.

The business owners said having the bike share is an extra incentive they can offer their customers.

The program is a first come, first serve basis, but you can reserve the bikes ahead of time.

If you’re interested, you can call 607-733-6798 for the Elmira bike share, and 607-546-8505 for the Watkins Glen bike share.

To learn more about the Southern Tier Bicycle League, click here.

The site includes some great information, including a local schedule of events, safety information and many great links. Check it out!

….

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

….

No Bikes on Elmira Business District Sidewalks

There is a City of Elmira Ordinance adopted in 1998 that refers to bicycles on sidewalks in any business district in the city:

“No person, regardless of age, shall operate a bicycle upon any public sidewalk located within any business district of the City of Elmira.  In addition, no person fourteen years of age or older, shall operate a bicycle upon any public sidewalk within the City of Elmira.”

In English, this means adults are prohibited from riding on any City of Elmira sidewalk, while kids under 14 are permitted to ride on city sidewalks so long as they are not within the”business district.”

As a practical matter this means it is against the law for an adult bicyclist to ride his or her bike on the sidewalk, so to those motorists who scream “Get your bike off the road and ride on the sidewalk where you belong!” you can coolly and calmly tell them it would be AGAINST THE LAW for you to do so ….

Crushed bike helmet photo from safetyissexy.blogspot.com

Last night, a helmet I loaned to a new bicycling friend who was visiting the Elmira/Corning area saved his life.  No exaggeration.  I really think this helmet saved his life.

My crushed and bloody helmet died to save a life.

This true story has very important safety lessons for all cyclists.  I urge you to follow along for two important safety tips ALL cyclists should follow.

The night began innocently enough…..

As is our Tuesday and Thursday custom, our local cycling friends gather at Kingsbury’s Cyclery, Elmira, NY for a group ride.  This was an especially festive night because there were two brand new tandems out for their first group ride so there was a champagne “blessing of the fleet” by Paul Kingsbury, our local bike shop owner.  There was a new face in the crowd, a fellow named Matt who was from Georgia but in the area for a couple weeks on a work assignment.  Matt didn’t have a helmet so I loaned him my extra helmet.  Little did I know that this simple loan would serve such an important role.

Spirits were high as we rode out to Lattabrook Road for a brisk 2 mile climb before descending to a beautiful set of rolling hills through Breesport and North Chemung.  With a ripping tailwind, the large group of riders started to splinter into smaller groups as the hills took their toll on tired legs.  I was in a front group so I didn’t personally see what happened behind me but apparently Matt was riding alone between the front group and a second group when he somehow lost control of his bike and crashed hard onto the road.  As the second group approached, Matt was unconscious in the middle of the road.  The other riders quickly rendered aid to Matt as he floated in and out of consciousness.  911 was called and an ambulance soon arrived.

But there was a BIG PROBLEM…..

No one knew Matt’s last name…..  No one knew if he had any allergies or medical issues…..  No one knew an emergency # for Matt…….

Matt was whisked away to the hospital while we all racked our brains to figure out how to help.  Someone remembered Matt’s last name was on a decal on his bike.  I remembered that Matt told me he worked for Corning, Inc. and rode bikes with another cyclist I knew.  I emailed that cyclist while one of our bike riding friends who is a police officer called Corning, Inc. Security to alert them one of their employees was injured.  Slowly but surely we learned the information necessary to alert Matt’s wife.

So this unfortunate bike accident teaches at least TWO IMPORTANT SAFETY LESSONS FOR ALL BICYCLISTS:

(1)  ALWAYS, ALWAYS, ALWAYS WEAR YOUR HELMET
(2) ALWAYS CARRY SOME FORM OF ID & EMERGENCY CONTACT INFORMATION

As to the ID, there are lots of great ways to carry an ID:

• Wear a RoadID– check them out at www.RoadID.com
• Make your own ID.  Put all your relevant contact and medical info on a small card, laminate it, and carry it in your pocket.  Be smart like my buddy Paul Kingsbury and tie a bright ribbon to your ID and let that ribbon dangle out of your jersey pocket so hopefully medical personnel or your friends will be able to easily find it.
• Carry your cellphone and put an ICE (in case of emergency # in your Contacts).  On my iPhone, I use an app called CloseCall that lets you save an emergency # to your startup screen.

I hope this sad bike accident is a reminder to all of us to be safe when out riding our bikes……