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

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.

This fine point of bicycling on the roads came up recently when I read an interesting post, Two by Two by JeanneEmery via Road Rights. The post, sent to me because of my Google Alert preferences (I mentioned I’m an avid bicyclist, right?!) featured great information originally included in the articl “How and when to ride side by side, legally” by Bob Mionske.

Bob, an attorney and former Olympic cyclist, broke down states’ legal attitude about side-by-side riding into three categories. I’m going to focus on New York and Pennsylvania, where I frequently ride (and practice law!).

Explicitly allowed: In 39 states, the law specifically allows cyclists to ride two abreast. But there are nuances to this. Pennsylvania is a state that allows side-by-side riding without any conditions against impeding traffic.

In New York, however, bicyclists are required to ride single file when being overtaken by a passing vehicle.

There are nuances to the law

There are two important ideas to take away from this information: 1. Single file it in New York state when a your riding with a friend or friends and a vehicle passes you. 2. Even if your state allows riding two abreast, be aware that there may be subtleties to the law, and that local and state laws might be different. You could find yourself riding through an area that prohibits side-by-side riding altogether.

Which brings me to the rules for the other 11 states:

In 3 states, side-by-side riding is generally prohibited – that means it’s a no-no, unless there are certain circumstances, such as an extra-wide bike path.

In 8 states, it is implicitly allowed. That means that there are no rules prohibiting it, and as long as you are reasonably safe about it, it is unlikely that you would be cited by law enforcement.

As with riding solo, riding two-by-two safely relies a lot on common sense and courtesy. No matter what state you live in, share the road wisely.

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.

This is it, the official, federal backing for bicyclists to have a place on the road – despite the cruel and ignorant jokes made all too frequently on “funny” Facebook pages and in “edgy” radio shows. There are just far too many incidents of cyclists being seriously injured on the road for it to be a joking matter. I’ve excerpted the DOT’s tips from the official press release.

The DOT recommendations

The DOT encourages States, local governments, professional associations, community organizations, public transportation agencies, and other government agencies, to adopt similar policy statements on bicycle and pedestrian accommodation as an indication of their commitment to accommodating bicyclists and pedestrians as an integral element of the transportation system.

In support of this commitment, transportation agencies and local communities should go beyond minimum design standards and requirements to create safe, attractive, sustainable, accessible, and convenient bicycling and walking networks. Such actions should include:

• Considering walking and bicycling as equals with other transportation modes: The primary goal of a transportation system is to safely and efficiently move people and goods. Walking and bicycling are efficient transportation modes for most short trips and, where convenient intermodal systems exist, these nonmotorized trips can easily be linked with transit to significantly increase trip distance. Because of the benefits they provide, transportation agencies should give the same priority to walking and bicycling as is given to other transportation modes. Walking and bicycling should not be an afterthought in roadway design.

• Ensuring that there are transportation choices for people of all ages and abilities, especially children: Pedestrian and bicycle facilities should meet accessibility requirements and provide safe, convenient, and interconnected transportation networks. For example, children should have safe and convenient options for walking or bicycling to school and parks. People who cannot or prefer not to drive should have safe and efficient transportation choices.

• Going beyond minimum design standards: Transportation agencies are encouraged, when possible, to avoid designing walking and bicycling facilities to the minimum standards. For example, shared-use paths that have been designed to minimum width requirements will need retrofits as more people use them. It is more effective to plan for increased usage than to retrofit an older facility. Planning projects for the long-term should anticipate likely future demand for bicycling and walking facilities and not preclude the provision of future improvements.

• Integrating bicycle and pedestrian accommodation on new, rehabilitated, and limited-access bridges: DOT encourages bicycle and pedestrian accommodation on bridge projects including facilities on limited-access bridges with connections to streets or paths.

• Collecting data on walking and biking trips: The best way to improve transportation networks for any mode is to collect and analyze trip data to optimize investments. Walking and bicycling trip data for many communities are lacking. This data gap can be overcome by establishing routine collection of nonmotorized trip information. Communities that routinely collect walking and bicycling data are able to track trends and prioritize investments to ensure the success of new facilities. These data are also valuable in linking walking and bicycling with transit.

• Removing snow from sidewalks and shared-use paths: Current maintenance provisions require pedestrian facilities built with Federal funds to be maintained in the same manner as other roadway assets. State Agencies have generally established levels of service on various routes especially as related to snow and ice events.

• Improving nonmotorized facilities during maintenance projects: Many transportation agencies spend most of their transportation funding on maintenance rather than on constructing new facilities. Transportation agencies should find ways to make facility improvements for pedestrians and bicyclists during resurfacing and other maintenance projects.

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.

You won’t believe how ignorant and offensive some people can be about sharing the road!

A cyclist friend of mine sent me an unofficial transcript of a Washington D.C. radio show in which the host made incredibly stupid and crude remarks about “tapping” bicyclists off the road and worse. I wanted to share this info because I can’t believe that this guy can get away with saying these things and I’d like to clear up exactly what rights bicyclists have on the road.

As a bike accident lawyer who has represented too many dead and badly injured cyclists, what scares me about radio host’s Tony Kornheiser’s ignorant comments is that he has said out loud what many motorists secretly believe — that cyclists have no right to be on the road and that the roads belong ONLY to cars.

Sorry, Tony and other ignorant motorists, under New York law, cyclists have a perfect right to the road. See the blog post I wrote about a dangerous Facebook page and the real rights cyclists have to be on the road. In fact, Ray LaHood, Secretary of Transportation for the United States, has recently issued a policy statement ENCOURAGING the greater use of bicycles for transportation in the U.S.

Thanks for reading. Check out my other post: DOT Releases Policy Pushing Drivers to Share the Road Safely with Cyclists and Pedestrians.

The comments are from the Tony Kornheiser Show, a sports radio talk show out of Washington, D.C. Here’s the conversation, as related by  Tim Andrus:

Tony Kornheiser on cyclists: “Run them down”

Follow this link for more on the reaction of cyclists and Lance Armstrong. And try this one for the transcript of the Armstrong interview on Kornheiser’s show.

I didn’t hear the show today (or any show ever really) but someone wrote me to say that on this morning’s radio show on AM980, during a discussion of the new proposed bike lanes on Pennsylvania Ave, Tony Kornheiser condoned running down cyclists with his “big, more powerful car.” I’m listening to the show now, Once they put today’s show online, I’ll listen to it, so I’ll see if I can find where it happened (update: sometime around minute 38) and what exactly was said. But, let me know if you heard it. The person who wrote me about this also said that they contacted the radio station about the comments and they did not deny them, said that they took it seriously and that many people had called to complain.

Update: Here’s my take at the transcript. It’s not perfect, but it captures it. I don’t know the people so pardon my nicknames for them.

It starts around 31:15

Kevin: Reading: “The center of Pennsylvania Avenue from the White House to the Capitol soon may be reserved for just two things: the president’s inauguration and people riding bicycles. A pair of bike lanes are destined to grace the middle of one of the country’s most fabled boulevards, an avenue that ranks as a destination with Broadway, Fifth Avenue, Hollywood Boulevard and Bourbon Street. The two lanes will be part of an expanding network of dedicated bicycle lanes in the District, soon to include L, I and Ninth streets NW and more of 15th Street NW. ”

Tony Kornheiser: When I read about this early this morning, and I just assumed this would be one of those dedicated bike lanes…

Kevin: To the right

Other Dude: Like you get at the beach, just a little strip

TK: …on the right hand side, where bicycles are free to go – maybe two by two, but mostly one by one.

Kevin: And they never use them

TK: And I’m fine with those. Then I heard on Channel 4 that these things were going to remove an entire lane of automobiles, which last time I looked the roads were made for automobiles, and that they were going to somehow be in the middle and not on the sides and we were somehow going to be dominated, as if this was Beijing, by hundreds of thousands of bicyclists. And I don’t really care what they do on Pennsylvania Avenue, if they can’t ride a car on that anyway, but how are they going to get the bikes down there? They’re going to have to go through other streets. I think this is a terrible, terrible idea. I don’t mind those one lanes, but you get in Rock Creek Park and 3 or 4 of these people start riding abreast, and I swear to you it’s all you can do to not RUN THEM DOWN, like Wile Coyote’s, run them over. Just stay on the right. Stay on the right. I’m happy to share the road with you, but by share the road what I mean is you have room on the right and I have room on the road. Get the hell out of my way. Am I wrong on this?

Woman: Here’s the problem I have. I’ll give you bike lanes if we open up Pennsylvania Avenue on one side of the White House and the other street behind…You add this and it’s going to make it even worse worse.

OD: These chesty cyclists, I mean they take that right lane and they’re already moving over to the middle.

TK: And they all wear…my God…with the little water bottle in the back and their stupid hats and their shiny shorts, they are the same disgusting poseurs that come out in the middle of a snow storm with cross country skiing on your block. Run them down. I mean, let them use the right I’m OK with that.

OD: Or they can ride on the top of the curb

TK: I don’t take my car and ride on the sidewalk because I understand that’s not for my car. Why do these people think that these roads were built for bicycles?

Kevin: Because they’re crunchy granola, they just want us to live in a cleaner world.

TK: I know someone’s going to hate me for this, am I wrong?

Woman: I’m all for people truly sharing the road. I’m all for people getting their exercise.

Kevin: They don’t share it now.

TK: They don’t share the road. They dominate the road. They dare you to run them down.

Kevin: Yes they do.

TK: And then when you do, they get angry. What is that about?

Kevin: If you honk, they slow down…in front of you

TK: And so you tap them. I’m not saying you kill them. I’m saying you tap them. Tap them once.

Kevin: Just a spill, not a fatal spill, but a little spill.

TK: If you’re not rubbing, you’re not racing right? So you pop them a little bit and see what happens.

Kevin: They’re so annoying. This is a Fenty move. He’s a big cyclist.

Woman: With his security detail of course.

TK: But again, why can’t they just.. what’s wrong with the little lane on the right. I don’t drive in the little lane on the right.

Woman: Here’s the argument they would make – because the little lane on the right is often covered up by cars that are parked at the wrong time of day and buses that have pulled into the path…

OD: Tell them to take Metro

TK: Really? Then they can veer out a little bit. My objection to them is when the ride in the middle of the road. They give you the finger. They do all the time. They think they own it. Because they think that you think that you own it. I don’t think I own it. I own it. I have a car. I have a large powerful car compared to your stupid little bicycle.

OD: It seems a little discriminatory to me. What about unicyclists? Why can’t they have a lane

TK. They can have the same lane on the right. Anything with less than four wheels, or three wheels…

Kevin: …can use the right lane, if there is one. If there isn’t one, take the Metro.

(Group makes fun of Segways)

TK: so the whole city is going to be just for bicycles? I tell you, it’s Beijing. It’s going to be buses and bicycles. That’s all there’s going to be.

Kevin: There are plenty of paths. The Capitol Crescent Trail gets you to Georgetown and then you can take the Metro from there. Get on a bus.

TK: Yes. What is their problem?

(Group makes fun of leg shaving)

Update: From the second hour at 32:03

Kevin: OK get this Tony, we talked last hour about the expansion of bike lanes in the District, apparently a right hand bike lane isn’t enough for these people.

TK: It’s such a plague

Kevin: We’ve got to move them to the middle of the street.

TK: Why are they in the middle of the street?

Kevin: Well, who knows…

TK: I want to be in the middle of the street. I’m driving a car.

OD: It seems to increase the likelihood that they’ll be struck

Kevin: Google doing more for these people, they’ve come out with their latest product Google Maps for Bikers.

TK: yeah I know.

Kevin: So now you can google map your…

OD: Not bikers. Cyclists.

Kevin: Cyclists.

OD: Bikers ride motorcycles.

Kevin: The Oregonian, which is the newspaper of note in Crunchville, USA – Portland, Oregon. The Oregonian panned the new Google maps for cyclists, saying it was “incomplete and inadequate”. Meanwhile a couple of cyclist stories that have broken in the last few hours that are reflective of this category of people. In Brunswick Maine, two men on bikes tried to rob a pregnant woman. In Windsor, Ontario, two men on bikes assaulted a male driver through the window of his car after a road dispute. We’ve all been there before.

TK: They do that all the time. They go right up to your car and they start banging on your car, trying to make you feel guilty for owning a car and somehow the law does not allow you to run them down.

Kevin: In St. Louis, a woman on a bike riding in rush hour traffic blew a tire, tumbled into the middle of the road in front of oncoming traffic, she was run over by a taxi. She survived, but the taxi driver had to be rushed to the hospital with an injured neck. Meantime, Neal from Rockville wrote in to say that he recommends that you buy a Toyota, as it provides you with a built-in defense if you accidentally strike a bicyclist while driving to work.

Later, in response to a story about a prom being canceled to prevent gay couples from attending, he said “People just need to stop being awful to each other.” That’s good advice.

There were a few emails then about cyclists in the last two minutes. He ends with “if you’re out there tonight in the rain cyclists, wear white. Which you can wear with your ridiculous shirt and your fat thighs in bike shorts.”

So yeah. Just full of a lot of ignorance, windshield perspective and anti-cyclist comments. I don’t see a point in refuting them one by one. They’re just so ridiculous.

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.

Justin Appleby Sentenced to 1 to 3 Years in State Prison

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

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

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

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

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

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

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

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

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

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

The Judge’s sentence

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

Community reaction

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

The practical realities of PROVING the crime

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

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

Thanks for reading,

RIDE SAFELY!

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

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

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

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

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

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

One accident victim’s story

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

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

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

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

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

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

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

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

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

Thanks for reading,
Jim
_________________________________

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

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

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

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

§ 217-2. Helmet and child seat requirements.

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

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

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

Thanks for reading and RIDE SAFELY,

Jim

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

The New York State Department of Transportation is proposing ADDING rumble strips to new and existing two-lane secondary roads. I was alerted to this situation by a e-mail from the New York Bicycling Coalition.

Rumble strips are commonplace on major highways across the nation. This proposed change in the road engineering guidelines for New York state is a variance in the common standards for road construction!

Rumble strips are a lose/lose proposition for cyclists and I therefore urge all cyclists to send an E-mail to NYSDOT (see below) and to your local legislators ASAP urging the Department of Transportation to reconsider this dangerous plan:

Click here to e-mail NYSDOT

Online petition

I’ve discovered an online petition opposing the policy of placing rumble strips on secondary highways in New York State. It also urges NYS DOT to work with local cycling clubs in the state to find a policy that is supportive of cyclists’ needs.

If you sign it, I encourage you to also offer in the comments section any experiences you have had regarding encounters with rumble strips.

New York’s Southern Tier/Finger Lakes lawmakers

For your convenience, I have also listed below the contact information for a number of the local legislators in my immediate area. E-mail or write to urge them to squash this proposed policy change.

State Senators

(42nd District) John J. Bonacic: www.nyssenate42.com

(49th District) David J. Valesky: www.nyssenate49.com

(50th District) John A. DeFrancisco: www.nyssenate50.com

(51st District) James L. Seward: www.nyssenate51.com

(52nd District) Thomas W. Libous: www.nyssenate52.com

(53rd District – Elmira’s district) George H. Winner, Jr.: www.nyssenate53.com

(54th District) Michael F. Nozzolio: www.nyssenate54.com

(57th District) Catherine M. Young: www.nyssenate57.com

Regional Assemblymembers

107th District Assemblymember: Clifford W. Crouch, Room 545, Legislative Office Building, Albany, NY 12248.

111th District: Bill Magee, 214 Farrier Ave., Oneida, NY 13421.

123rd District: Gary D. Finch, Room 718, Legislative Office Building, Albany, NY 12248.

124th District: William A. Barclay, 200 N. Second St., Fulton, NY 13069.

125th District: Barbara S. Lifton, 106 E. Court St., Ithaca, NY 14850.

126th District: Donna A. Lupardo, 44 Hawley St.- 17th Floor, State Office Building, Binghamton, NY 13901-4416.

127th District: Peter D. Lopez, New York State Assembly, Legislative Office Building, Albany, NY 12248.

129th District: Brian M. Kolb, 607 W. Washington – Suite 2, Geneva, NY 14456.

130th District: Joe Errigo, 3045 E. Henrietta Road, Henrietta, NY 14467.

136th District: James G. Bacalles, 103 Gansevoort St., Bath, NY 14810.

137th District: Tom O’Mara, Tom O’Mara, 333 E. Water St. – Suite 3, Elmira, NY 14901.

147th District: Daniel J. Burling, 2371 N. Main St., Warsaw, NY 14569.

149th District: Joseph M. Giglio, Legislative Office Building, Albany, NY 12248.

Bicycling is great exercise, a “green” practice, and a tourism draw for New York State. Why jeopardize a good thing with rumble strips on secondary roads?

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

• A Los Angeles Superior Court jury on Monday found Dr. Christopher Thomas Thompson guilty of assaulting cyclists by abruptly stopping his car in front of them on a hilly Los Angeles County road last year.
• Thompson, a former emergency room doctor, was found guilty of six felonies and one misdemeanor and could face as much as five years in prison. He was remanded and ordered held without bail until sentencing. He was handcuffed in the courtroom after the verdict was read.
• In the July 4 incident, the two cyclists hit the rear of Thompson’s car; one slammed through the rear window, the other catapulted over the car into the road. In the earlier incident, the cyclists said they narrowly avoided hitting the rear of Thompson’s car.

As I said to my bike-riding buddies on our club listserv, “I celebrate this verdict and I hope the judge hangs this driver HIGH when he sentences him.” One of my buddies responded that hanging him high is letting him off too easy — he suggested a more painful sentence which I can’t repeat on this family-friendly blog, but suffice it to say that the cycling community is relieved that justice was served in this case.

Follow the link to the Velo News story, “Dr. Thompson is found guilty of all counts in LA road rage trial”

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: http://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.