Everyone should speak out against new legislation in Washington that eliminates funding to protect bicyclists.

The League of American Bicyclists, a great organization in Washington, D.C., that advocates for bicyclists and walkers, is warning this week about a piece of legislation introduced in the House of Representatives that eliminates dedicated funding for bicyclists and walkers and, going even further, removes bicycling from the federal transportation program.

If approved, this legislation will GUT laws and programs protecting cyclists and reverse decades of progress. This is VERY BAD for bicylists!

The legislation, introduced by Congressman John Mica, R-Fla., is called the American Energy and Infrastructure Jobs Act, and you can read more about it here on the House Transportation and Infrastructure Committee website.

The League, on its blog, said the bill reverses 20 years of progress by:

• Destroying Transportation Enhancements by making it optional.
• Repealing the Safe Routes to School program, reversing years of progress in creating safe ways for kids to walk and ride bicycles to school.
• Allowing states to build bridges without safe access for pedestrians and bicycles.
• Eliminating bicycle and pedestrian coordinators in state DOTs.
• Eliminating language that ensures that rumble strips “do not adversely affect the safety or mobility of bicyclists, pedestrians or the disabled.”

The League adds the following comment: “It basically eliminates our status and standing in the planning and design of our transportation system — a massive step backwards for individuals, communities and our nation. It’s a step back to a 1950s highway- and auto-only program that makes no sense in the 21st century.”

Now is the time to get involved! On Thursday, two other House members will introduce amendments to restore dedicated funding for Transportation Enhancements and Safe Routes to School.

All Americans have a stake in this legislation. We all want safe paths, bike lanes, crosswalks, sidewalks and bikeways. Contact your local House member and urge that legislator to support the amendments!

Please act now!

Here are the top 10 reasons to oppose the legislation.

You can go here to find your local representative and send them an urgent message. I urge everyone in Elmira, Corning and the Twin Tiers to speak up today!

Thanks for reading!

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

Bicycle commuting can be a HUGE money-saver!

So you’re sick of spending all your money on gas, car maintenance and parking?  And you wish you had a chance to burn a few more calories?  Perfect solution:  commute by bike to work!

Kiplinger has a calculator to show how much you could save each day by riding your bike to work.

As a test, I said my daily commute is 20 miles round trip. I said I don’t have any parking or toll expenses. They said I can save $8 a day– that’s a whopping $2,000 a year!   And the commuting calculator even tells you how they  calculated the amount they show.

Try it — you might be surprised what you find.

But before you decide to put a new bicycle for commuting to work on your Christmas wish list, remember this:

• Fall is here and winter is coming (sadly). Unpredictable weather. Wet leaves followed by snowy roads in Elmira, Corning and the Twin Tiers are a huge hazards for bicyclists. And we are seeing less daylight, so our safe riding hours are shrinking. Yes, you can get a light for your bike, but you will still be mostly invisible to drivers and you won’t be able to see the road hazards like potholes with just a bike light.
• Do you wear your work clothes, maybe a suit, on a bike commute, or carry your work clothes and change in the bathroom? It’s not a deal breaker, but consider that a complication each day. And if you arrive to work sweaty, can you take a shower?
• Do you have somewhere safe to store the bicycle at work? (And don’t say your office!)
• Know your commute path well. Are bicycles allowed on all the streets and roads? Will you feel safe riding with traffic if there are no shoulders or the shoulders are filled with glass and other debris? Know your road conditions very well. Again, DO YOUR HOMEWORK.
• Your best bet is to become a part-time bike commuter. Once you do your homework (yes, I said it again), pick a few sunny and warm days and try it. Don’t put your car up on blocks just yet! Realize that in the Twin Tiers, bicycle commuting will likely always be part time, thanks in part to our two seasons — road construction and winter!

As Kiplinger points out in another story, there are many benefits to bicycling to work. Among them: it’s a good workout, you’ll save money, it’s better for the economy and it cuts down on the parking hassle.

If you like the bike commute, Kiplinger suggests you buy:

• Lights for early-morning or nighttime riding. Get a white LED front light to attach to your handlebars so you’ll stay visible when approaching intersections, and buy a red, blinking light to attach to your seat post or clip onto your back so approaching drivers will see you from behind.
• A rack or panniers, either of which can attach to the back of your bike, to carry files, a change of clothes or other personal items. A small messenger bag or backpack might suffice but can strain your back. Most mountain bikes or hybrids easily accommodate a rack or panniers.
• Shoes with clips, which will give you more control and power during a rush-hour ride.
• A fender to keep water from splashing onto you from your rear tire.
• A cycling computer to track your speed and trip length.

Just remember: Do the math. Pick a go0d day and ride to work (once you do your homework and planning).

If you like it, and want to work bike commuting into your schedule, then by all means let Santa know what you want. Just be sure Santa knows you want to be SAFE!

If you are a bike commuter, please share your tips or favorite stories in our comments section!

Thanks for reading!

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 tragic death of a bicyclist in Seattle reminds us of the dangers all riders face in America.

The Tucson Bike Lawyer posted this great article from The Economist on the tragic death of a 44-year-old bicyclist — and father of two –  in Seattle.

This is important reading for all drivers in Elmira, Corning and the Twin Tiers!

With a very few exceptions, America is no place for cyclists…..

DYING while cycling is three to five times more likely in America than in Denmark, Germany or the Netherlands.

To understand why, consider the death of Michael Wang. He was pedalling home from work in Seattle on a sunny weekday afternoon in late July when, witnesses say, a brown SUV made a left turn, crunched into Wang and sped away.

The road where the 44-year-old father of two was hit is the busiest cycling corridor in Seattle, and it has clearly marked bicycle lanes.

But the lanes are protected from motor vehicles by a line of white paint — a largely metaphorical barrier that many drivers ignore and police do not vigorously enforce. A few feet from the cycling lane traffic moves at speeds of between 30 miles per hour, the speed limit for arterials in Seattle, and 40 miles per hour, the speed at which many cars actually travel. This kind of speed kills.

A pedestrian hit by a car moving at 30 mph has a 45 percent chance of dying; at 40 mph, the chance of death is 85 percent, according to Britain’s Department of Transport.

Had Mr Wang been commuting on a busy bike route in Amsterdam, Copenhagen or Berlin, his unprotected exposure to instruments of death — namely, any vehicle moving at 20 mph or more — would be nearly nil. These cities have knitted together networks for everyday travel by bike. To start with, motor vehicles allowed near cyclists are subject to “traffic calming.” They must slow down to about 19 mph, a speed that, in case of collision, kills fewer than 5 percent. Police strictly enforce these speed limits with hefty fines. Repeat offenders lose their licences.

Calmer traffic is just the beginning. In much of northern Europe, cyclists commute on lanes that are protected from cars by concrete buffers, rows of trees or parked cars.

At busy crossroads, bicycle-activated traffic lights let cyclists cross first. Traffic laws discriminate in favor of people on bikes. A few American cities have taken European-style steps to make streets safer for cycling, most notably Portland, Ore., which has used most of the above ideas. The result: more bikes and fewer deaths.

Nearly 6 percent of commuters bike to work in Portland, the highest proportion in America. But in five out of the past 10 years, there have been no cycling deaths there.

In the nearby Seattle area, where cycling is popular but traffic calming is not, three cyclists have been killed in the past few weeks.

The most interesting take-away for me was the risk of death based upon vehicle speed:

Under 20 mph = 5% chance of death.

30 mph = 45% chance of death.

40 mph = 85% chance of death.

Speed truly kills! And that’s another GREAT reason why motorists should slow down whenever they see a cyclist!

Thanks for reading and remember to 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

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

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

It's time to salute our local bicycling "angels" since it's National Bike Month.

How about we salute our local bicycling “angels” this month since May is National Bike Month, according to the League of American Bicyclists.

In fact, Friday, May 20, is National Bike to Work Day, but given the recent rainy days in the Elmira area, riders may want to wait until we see the sun again.

We’ll make our next sunny day our National Bike to Work Day!

Although no list is ever complete, these are the folks who contribute to bicycling activities in the Elmira-Corning area on a daily basis:

Paul Kingsbury - Owner of Kingsbury’s Cyclery (http://kingsburyscyclery.com) in Elmira, an all-around great guy who supports local cycling in a million different ways.

Tom Trifoso and Carol Worden — founders of the Finger Lakes Mountain Bike Club.  Tom and Carol are breathing life into the local mountainbike scene by sponsoring cycling movies, beginner rides, clinics and a summer camp.

Kent Goben — the driving force behind the Wheels for Meals ride for the benefit of Meals on Wheels. Also the promoter of the Chemung Senior Games and Near Seniors Time Trial.

Randy Rhoads — organizer of the scenic Tour de Keuka, a great event for the benefit of the Juvenile Diabetes Research Foundation.

Bill Fischer — President of Big Horn Velo, a local recreational cycling club that hosts Tuesday and Thursday rides at 6 p.m. from Kingsbury’s Cyclery.

Tim Andrus — President of the Rogue Race Team. The Rogues are a new local team of cyclists, runners and multisport athletes whose motto is “Fun First” — a motto they take very seriously.

Brian Klotz — President of the Corning No Tubes Race Team and promoter of the popular Corning Circuit Race held at Watkins Glen International racetrack.

These are all great folks who individually and collectively improve the quality of cycling in our beautiful area of the Finger Lakes.  My personal thanks to each and every one of them!

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

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 ….

My heart goes out to the bicyclist who was involved in the bike/car accident on the Walnut Street Bridge Tuesday in Elmira.

Details of the accident are still very limited, but it appears that this was a very bad accident as the bicyclist, identified only as an adult male, was airlifted from Arnot Ogden Medical Center to Strong Memorial Hospital in Rochester.

At this time, Elmira Police have not released details of exactly how the collision occurred but from the photos and the damage to the bike, it appears that the car ran over the top of the bike.  Needless to say, with so few details it is impossible to know whether this accident was the fault of the bicyclist, the motorist or due to some other factor.  But regardless of fault, it always sad to see that someone got seriously hurt so my hope is that the bicyclist will be OK.

Police told the Star-Gazette and WETM-TV that the driver of the car remained at the scene and is cooperating with the investigation.

Police are asking that anyone who witnessed the accident to call the Traffic Bureau at (607) 737-5640 or the Detective Bureau at (607) 737-5610.

One cautionary note to my bike-riding readers:

I was out riding my bike very shortly after this collision and within a mile of this collision (at the time, I knew nothing about this bike accident). I was riding single file with two other bicyclists and we were to the right very close to the curb. Despite our doing everything possible to not obstruct traffic in any way, an obviously irate SUV driver beeped at us from behind, nearly sideswiped us, and then the driver pulled directly across our path to make a right-hand turn, nearly running us down.

As we all know, many motorists view cyclists as pure annoyances but the rage of many drivers seems to be escalating …. Sooooo, be VERY careful out there folks.  Motorist hostility against bikes seems to be at an all-time high.

Thanks, Jim

_________________________________

James B. Reed

NY & PA Bike Accident Lawyer

Ziff Law Firm, LLP

Mailto: jreed@zifflaw.com

Office: (607)733-8866

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

Web: www.zifflaw.com