A post on the Finger Lake Cycling Club (FLCC) listserv raised an interesting question:  Is it a violation of NY Vehicle and Traffic Law for one bicyclist to “draft” another cyclist?

The suggestion was that drafting violates NY Vehicle & Traffic Law §1129 regarding “Following Too Closely”.

Below I pasted the full background of the question and the full text of the law but let me take a stab at answering the question.

My answer is “Technically, yes, it is arguable that drafting DOES violate NY law if doing so results in a collision”.

Sounds like a lawyer answer, eh?  Well, I follow the logic of Andrejs Ozolins from FLCC, a non-lawyer, but very smart and thoughtful guy who I think logically answered the question when he said that he felt that drafting constituted the ticketable offense of Following Too Closely:

“Seems fair enough — applying the same criteria as for motor vehicles.  Cars can draft and ride in tight bunches in the special circumstances of racing, but not when being used as transportation vehicles on public roads. In general, I’m glad for any instance where people (especially the police) treat bicycles as equal, legitimate users of the roads.”

And that’s the rub (or not, depending on your perspective)—under NY law, with limited exceptions, bicycles are treated like any other vehicle which means that they enjoy the privilege of being able to use the road like any other vehicle BUT it also means bicycles must obey the NY Vehicle and Traffic laws.  It is the old adage of “with the privilege comes the responsibility”.

So, from my perspective, a few points emerge:

• The language of the law is important:  “The driver of a motor vehicle shall not  follow another vehicle more closely than is reasonable and prudent having due regard for the speed of such vehicles and  the  traffic  upon and the condition of the highway”.
• So, you can draft legally so long as you do so in a “reasonable and prudent” manner. That means good riding skills which means you are legally required to adjust your speed, spacing and position behind the bike you are following to take in to consideration the road conditions you are encountering.
• But you would be violating the law if you failed to ride in a “reasonable and prudent” manner by overlapping wheels, failing to allow enough distance between you and the rider you were following,  or when failing to reduce your speed when conditions required.

Thanks for reading and be sure to let me know your thoughts on this issue in the Comments below,

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

Blogs: NYInjuryLawBlog.com and

NYBikeAccidentBlog.com

ORIGINAL QUESTION WITH BACKGROUND INFORMATION

As I was pursuing my other hobby this morning (volunteer EMS) I was called to a cycling accident where a rider had touched wheels with another rider (as a consequence of drafting) and subsequently crashed.

As I was helping out in the back of the ambulance, the deputy came over to talk to the injured rider to inform him that since (my paraphrasing, here)

1) NYS law requires bicycles to conform to NYS V&T law unless otherwise stated in the regs, and

2) Following too closely is a V&T infraction, then it follows that

3) drafting a bicycle constitutes following too closely and is a ticketable offense.

He did not actually write the guy a ticket but it was more issued as a verbal warning, since the deptuty felt that by drafting, the rider was doing something dangerous.

Aside from being in rather poor taste, as I thought it over, I could not find a flaw in the deputy’s logic.

Kind of disappointing to think that drafting (and by extension, all pack riding maybe?) is technically illegal.

Are there other implications for this?  Could it affect someone’s health insurance coverage  if they revealed that they were injured while they were violating V&T law on a bicycle?

Seems a bit extreme, surely there is another take on this.

Can I get yours?

VEHICLE AND TRAFFIC LAW §1129—FOLLOWING TOO CLOSELY

§ 1129. Following too closely. (a) The driver of a motor vehicle shall

not  follow another vehicle more closely than is reasonable and prudent,

having due regard for the speed of such vehicles and  the  traffic  upon

and the condition of the highway.

(b)  The  driver  of  any motor truck or motor vehicle drawing another

vehicle when traveling upon a roadway outside of a business or residence

district and which is following another motor  truck  or  motor  vehicle

drawing   another  vehicle  shall,  whenever  conditions  permit,  leave

sufficient space so that an overtaking vehicle may enter and occupy such

space without danger, except that this shall not prevent a  motor  truck

or motor vehicle drawing another vehicle from overtaking and passing any

like vehicle or other vehicle.

(c) Motor vehicles being driven upon any roadway outside of a business

or  residence  district  in a caravan or motorcade whether or not towing

other vehicles shall be so operated as to allow sufficient space between

each such vehicle or combination of vehicles so as to enable  any  other

vehicle  to  enter  and occupy such space without danger. This provision

shall not apply to funeral processions.

In discussing a Philadelphia bicycle accident case with a new client, we talked about some great Pennsylvania resources that are helpful to get an understanding of the PA laws applicable to bicyclists and drivers. I thought these resources might be useful to my readers who live in Pennsylvania or ride their bikes there.

However, before talking about the specific resources, I thought it would be useful to emphasize one important point I have made about the laws that pertain to bicycles in BOTH New York & Pennsylvania:

BICYCLES HAVE A LEGAL RIGHT TO BE ON THE ROAD AND ARE SUBJECT TO THE SAME RULES THAT ARE APPLICABLE TO OTHER VEHICLES USING THE ROADS!

This is a critically important point because it is important that cyclists, politicians and motorists, all understand that our roads are to be shared!  That means motorists need to be respectful of cyclists AND cyclists need to be respectful of motorists.

OK, let’s talk about those Pennsylvania resources that may be important in assessing PA bicycle laws and Pennsylvania bike accident cases.

A great starting point for PA bike laws is the PA Department of Transportation (PENNDOT) BikeSafe website. I have pasted the page pertaining to PA bike laws below for your convenience. You can quickly review the applicable laws.

Another good resource is the PA Bicycle Driver’s Manual where there are discussions of driving and bicycles. You can download a copy of the PA Bicycle Driver’s Manual here. There are many helpful illustrations in the PA Driver’s Manual like the one I posted with this blog entry.

Thanks for reading, and be sure to check out the important information after my sign-off here,

Jim

PS:  What is up with Pennsylvania referring to bicycles as “pedalcycyles”?  Talk about antiquated…… 

_______________________________________

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.

PENNSYLVANIA BICYCLE LAWS

Title 75 of the Pennsylvania Consolidated Statutes contains the laws which govern the operation of vehicles on Pennsylvania roads.

In Pennsylvania, a bicycle is considered a vehicle and, as such, is governed by a general set of rules (common to all vehicles) and a specific set of rules (designed for bicycles). The following annotated list provides all of the important sections of the Vehicle Code which a Pennsylvania bicyclist should know. Keep in mind that the laws themselves often describe only what a bicyclist is required to do, not how to do it. This manual addresses how to bicycle safely and efficiently by following the rules of the road.

Chapter 35 - SPECIAL VEHICLES AND PEDESTRIANS

Subchapter A – Operation of Pedalcycles (Bicycles)

Section 3501. Applicability of traffic laws to pedalcycles.

(a) General rule. — Every person riding a pedalcycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this title, except as to special provisions in this subchapter and except as to those provisions of this title which by their nature can have no application.

(b) Application of subchapter. — The provisions of this subchapter apply whenever a pedalcycle is operated upon any highway or upon any path set aside for the exclusive use of pedalcycles subject to the exceptions stated in subsection (a).

Comment: Bicycles are considered vehicles under Pennsylvania Laws and must obey all the rules of the road which apply to vehicles. These are the “responsibilities” mentioned above. The  “rights” refer to the roadway space required to operate the bicycle in a safe, lawful manner.

Section 3502. Penalty for violation of subchapter.

Any person violating any provision of this subchapter is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of $10.

Section 3503. Responsibility of parent or guardian.

The parent of any child and the guardian of any ward shall not authorize or knowingly permit the child or ward to violate any of the provisions of this title relating to the operation of pedalcycles.

Section 3504. Riding on pedalcycles.

(a) Use of seat by operator. — A person propelling a pedalcycle shall not ride other than upon or astride a permanent and regular seat attached to the pedalcycle.

(b) Number of riders. — No pedalcycle shall be used to carry more persons at one time than the number for which the pedalcycle is designed and equipped, except that an adult rider may transport a child in a pedalcycle or in a child carrier which is securely attached to the pedalcycle or in a trailer which is towed by a pedalcycle.

Section 3505.

(a) General rule. — Except as provided in subsections (b) and (c), every person operating a pedalcycle upon a highway shall obey the applicable rules of the road as contained in this title.

Comment: This statement reiterates the necessity for cyclists to conform to the expectations of other road users in order to ensure the safety of all.

(b) Operation on shoulder. — A pedalcycle may be operated on the shoulder of a highway and shall be operated in the same direction as required of vehicles operated on the roadway.

Comment: A bicycle may be operated on either a shoulder or on the roadway (the travel lanes). The locations will be based upon traffic volume, the physical condition of the travel lanes or the shoulder, traffic speed, the bicyclist’s intended direction, and other safety factors.

(c) Slower than prevailing speeds.– A pedalcycle operated at slower than prevailing speed shall be operated in accordance with the provisions of Section 3301(b), unless it is unsafe to do so.

[3301(b). Vehicle proceeding at less than normal speed. Upon all roadways, any vehicles proceeding at less than the normal speed of traffic at the time and place under the conditions than existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into an alley, private road or driveway. This subsection does not apply to a driver who must necessarily drive in a lane other than the right-hand lane to continue on his intended route.]

Comment: Taken together, 3505 (c) and 3301 (b) state that slower vehicles should keep to the right, which is the normal expectation of all road users, while permitting bicyclists to make movements consistent with their intended route.

(d) One-way roadways. — Any person operating a pedalcycle upon a roadway, which carries traffic in one direction only and has two or more marked traffic lanes, may ride as near the lefthand curb or edge of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction. Comment: Bicycles may ride in the left lane of a one-way street which contains two or more lanes. However, this does not apply to pedalcyclists on freeways. See Section 3511(d), below.

(e) Limitation on riding abreast. — Persons riding pedalcycles upon a roadway shall not ride more than two abreast, except on paths or parts of roadways set aside for the exclusive use of pedalcycles.

Section 3506.

No person operating a pedalcycle shall carry any package, bundle or article which prevents the driver from keeping at least one hand upon the handlebars.

Section 3507. Lamps or other equipment on pedalcycles.

(a) Lamps and reflectors. — Every pedalcycle when in use between sunset and sunrise shall be equipped on the front with a lamp which emits a beam of white light intended to illuminate the pedalcycle operator’s path and visible from a distance of at least 500 feet to the front, a red reflector facing to the rear which shall be visible at least 500 feet to the rear, and an amber reflector on each side. Operators of pedalcycles may supplement the required front lamp with a white flashing lamp, light-emitting diode or similar device to enhance their visibility to other traffic and with a lamp emitting a red flashing lamp, light emitting diode or similar device visible from a distance of 500 feet to the rear. A lamp or lamps worn by the operator of a pedalcycle shall comply with the requirements of this subsection if the lamp or lamps can be seen at the distances specified.

Comment: Many car-bike crashes occur at night and involve a poorly illuminated bicyclist.

Bicyclists should understand that headlamps serve two purposes: a) primarily, they advise other road users of their presence (vitally important to prevent unsuspecting motorists from cutting across the paths of cyclists they cannot even detect), b) secondarily, illuminate the bicyclist’s path.

Section 3508. Pedalcycles on sidewalks and pedalcycle paths.

(a) Right-of-way to pedestrians.– A person riding a pedalcycle upon a sidewalk or pedalcycle path used by pedestrians shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing a pedestrian.

(b) Business districts.– A person shall not ride a pedalcycle upon a sidewalk in a business district unless permitted by official traffic-control devices, nor when a usable pedalcycle-only lane has been provided adjacent to the sidewalk.

Section 3509. Parking.

(a) Sidewalks.

(1) A person may park a pedalcycle on a sidewalk unless prohibited or restricted by an official traffic-control device.

(2) A pedalcycle parked on a sidewalk shall not impede the normal and reasonable movement of pedestrian or other traffic.

(b) Roadways.

(1) A pedalcycle may be parked on the roadway at any angle to the curb or edge of the roadway at any location where parking is allowed.

(2) A pedalcycle may be parked on the roadway abreast of another pedalcycle or pedalcycles near the side of the roadway at any location where parking is allowed.

(3) A person shall not park a pedalcycle on a roadway in such a manner as to obstruct the movement of a legally parked motor vehicle.

(4) In all other respects, pedalcycles parked anywhere on a highway shall conform with the provisions of Subchapter E of Chapter 33 (relating to stopping, standing and parking).

Section 3510. Pedalcycle helmets for certain persons.

(a) General rule.– A person under 12 years of age shall not operate a pedalcycle or ride as a passenger on a pedalcycle unless the person is wearing a pedalcycle helmet meeting the standards of the AmericanStandards Institute, the American Society for Testing and Materials, the Snell Memorial Foundation’s Standards for Protective Headgear for Use in Bicycling or any other nationally recognized standard for pedalcycle helmet approval. This subsection shall also apply to a person who rides:

(1) upon a pedalcycle while in a restraining seat attached to a pedalcycle; or (2) in a trailer towed by a pedalcycle.

Comment: The Pennsylvania Department of Transportation strongly recommends that all bicyclists wear approved helmets whenever they ride.

Section 3511. Pedalcycles prohibited on freeways.

(a) General rule.– No person shall ride a pedalcycle on a freeway.

(b) Exceptions.

(1) On State-designed freeways, pedalcycles may be authorized under the following limitations:

(i) The pedalcycler is 16 years of age or older and is accompanied by a pedalcycler 18 years of age or older.

(ii) A written request for review of the freeway route based on the potential unavailability of a reasonable alternate route is made to the department.

(iii) The department determines that no reasonable alternate route exists.

(iv) The department publishes a notice in the Pennsylvania Bulletin authorizing pedalcycle access to the freeway. The notice shall constitute approval for the persons authorized under subparagraph (i) to ride a pedalcycle on the State-designated freeway.

(c) Action by local authorities.– Action taken by local authorities regarding permission to use pedalcycles on freeways under their jurisdiction shall be: (1) by ordinance of the local governing body; or (2) by a commission or public official authorized to act on specified matters.

(d) Operation on shoulder.- – If the department authorizes pedalcycle access to a freeway, the pedalcycle shall be operated upon the shoulder of that freeway whenever practicable. Comment: Bicycles may be permitted on freeways in Pennsylvania with permission of the Department. The applicant must submit a written request (form) to the Department for review. In addition, Section 3511(d) requires the bicycle to be ridden on the shoulder of the freeway.

The Finger Lakes Mountain Bike Club was a sponsor of the Celebrity Bike Race, May 3, 2010, on the Chemung River Trails.

The Elmira Star-Gazette just wrote a feature story about the new club, “Finger Lakes mountain bike club off to a great start” (the whole story is pasted below).

Membership is FREE. There are 37 members already – I’m sure with the exposure in the Star-Gazette, and with all the benefits and information the club has to offer, that number is going to grow quickly.

I’ve posted before about what a great area this is for bicyclists - “Like to Bike? Ithaca Web Site Offers Activities, Advocacy and Safety Information” , but the Finger Lakes Mountain Bike Club has a unique focus – they advocate putting to use all of the beautiful natural trails we have in the region – not just our winding roads!

There are trails along the Chemung River, the Catherine Valley Trail, the Finger Lakes National Forest, the Keuka Lake Outlet Trail… the list goes on.

The new club is certified by the National Mountain Bike Patrol.  Tom and Carol received training from the national group, and make safety advocacy the focus of the group.

As Tom says in the Star-Gazette story, “”The patrol is the eyes and ears of landowners. If we see trees down or anything dangerous, we report it. If anyone falls and gets hurt or has mechanical problems, we’re trained to help them out.”

To discover more about the great mountain biking opportunities in our area – and how to enjoy them safely, check out the club. To find out more about the Finger Lakes Mountain Bike Club or to become a member, call (607) 733-6798 or go online to www.fingerlakesmountainbikeclub.com.

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.

Below is the article from the Elmira Star-Gazette newspaper regarding this club.

“Finger Lakes mountain bike club off to a great start”

By Jeff Murray •jdmurray@gannett.com • July 28, 2010, 6:50 pm

When Tom Trifoso of Elmira decided to rekindle his interest in biking after a 21-year absence, he had no idea it would lead to a fast-growing club that is now certified to help other bicyclists handle emergencies.

But that’s exactly what happened when Trifoso and fellow bike enthusiast Carol Worden started the Finger Lakes Mountain Bike Club in December.

In less than a year, the club has attracted 37 members, has a website and recently received training and certification from the National Mountain Bike Patrol.

“It’s a spinoff of the National Ski Patrol. What Carol and I had to do is be First Aid and CPR certified,” Trifoso said.

“The patrol is the eyes and ears of landowners. If we see trees down or anything dangerous, we report it. If anyone falls and gets hurt or has mechanical problems, we’re trained to help them out.”

Trifoso took additional classes and is certified to train others to become part of the bike patrol.

There are about 60 National Mountain Bike Patrol groups in the United States and only two or three in New York, Trifoso said.

A big part of the club’s mission is safety education.

“We do take beginners. There are a lot of adults and children that don’t wear helmets,” Worden said.

Trifoso is close friends with Jim Pfiffer, director of the Friends of the Chemung River Watershed. He’s also fond of riding on some of the trails along the river, so it made sense to set up the club as an affiliate of the friends group.

The fledgling club is looking for more members and it doesn’t matter if they are advanced bicyclists, Trifoso said. Mainly they want people who are willing to get their hands dirty and help develop new trails or improve existing ones.

Membership is free.

“We’re not a bunch of kids bombing down a mountain. There’s a lot more to off-road riding,” Trifoso said. “We have the Catharine Valley Trail, Keuka Trail, a lot of trails that are really relaxing and fun to ride on.

“This is for all skill levels. We really want to focus on kids, getting them out here so they can see the benefits of getting out in nature and getting off the road.”

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

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

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

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

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

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

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

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

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

Hope you have a great ride.

Thanks, Jim

_________________________________

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

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

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

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

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

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

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

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

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

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

“He who laughs last…….”

Thanks for reading and RIDE SAFELY,

Jim
_______________________________________

James B. Reed, Esq.

NY & PA Bicycle Accident Lawyer
Ziff Law Firm, LLP
303 William St., Elmira, NY 14901
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: jreed@zifflaw.com
Web: www.zifflaw.com

Please visit the New York Injury Law Blog at www.NYInjuryLawBlog.com
E-mail me at FreeReports@zifflaw.com for two free books:
NY Car Accidents and NY Car Insurance Secrets YOU Need to Know

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

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

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

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

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

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

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

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

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

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

Thanks for reading and RIDE SAFELY,

Jim
_______________________________________
James B. Reed, Esq.
NY & PA Bicycle Accident Lawyer
Ziff Law Firm, LLP
303 William St., Elmira, NY 14901
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: jreed@zifflaw.com
Web: www.zifflaw.com

Please visit the New York Injury Law Blog at www.NYInjuryLawBlog.com

E-mail me at FreeReports@zifflaw.com for two free books:

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

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

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

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

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

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

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

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

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

Thanks for reading and RIDE SAFELY,

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

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

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

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

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

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

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

My response to that question:

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

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

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

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

I hope this helps.

Thanks for reading and RIDE SAFELY,

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

Only three states allow bicyclists to ride side by side but require them to ride single file when being overtaken by a vehicle. New York is one of those states.

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.

The following guest post is by a very well-known (and well-liked) rider from the Finger Lakes Cycling Club in Ithaca, Donal Fitterer.
As you can see in the photo, Donal does some of his riding in a very unusual place – inside of an oil-drilling rig in the Gulf of Mexico!

Donal doesn’t always ride in place in a room full of giant machinery. Like many of us, he rides on roads with vehicles. Here, Donal posts an interesting question that crosses the mind of many bicyclists:

What can you do about a car that comes too close, but doesn’t actually strike you? You don’t want the same thing to happen to anyone else on a bike, but what recourse do you have?

Just Riding Along

- by Donal Fitterer

I wrote an email to the Finger Lakes Cycling Club listserv in August, describing an incident where a truck pushed me off the road. You can read my description what happened in the August 2009 FLCC listserv thread.

Suffice to say that I have thought long and hard about what is the best way to handle future situations. Obviously, American Sign Language is not acceptable. How does one express concern about his or her safety to the offending driver?

Bill Lodico said a long time ago that he is not concerned with drivers that are angry, he worries only about drivers that don’t see him. There is truth in that statement, however, I am concerned with the driver’s attitude and the possibility that the next time he or she buzzes a cyclist, contact is made.

The problem is the incident is over in less than a second and my reaction time to record/document the offending driver’s license number and vehicle is usually too slow. Also, how and when do you report the incident? Contact did not occur so what are you reporting?

I can imagine from a police officer’s point of view that he or she wants to minimize the encounter. What is the upside for them to move forward with a cyclist’s complaint? In my circumstance the officer clearly considered me the instigator.

I look forward to having a logical plan when the next situation arises. Now who is going to provide one?

JIM REED RESPONDS:

Donal:  I agree that there are no easy or fast answers.  Unfortunately, I think the whole issue of cyclist safety involves a long process of educating motorists, law enforcement officials, local judges, and cyclists as to the laws/rules/techniques/equipment that contribute to cyclist safety.

• Officers need to understand that there are responsible cyclists who bend over backward to ride safely and avoid problems with motorists.
  
• Motorists need to understand that cyclists have a legal right to share the road.
  
• Judges need to “throw the book” at motorists who endanger cyclists by violating the law.
  
• Cyclists need to understand that many motorists consider them a nuisance and try to ride defensively.

As to your request for a short-term plan, the best I can tell you is to:

• calm down,
• document the situation as much as possible, and
• report your close-call to the police.

What I mean by these simple suggestions is that I truly believe that  the vast majority of police officers truly want to protect public safety, they want to do their job, they want to help you IF they can.  So, you can’t just come in screaming about some jerk in a red car who flipped you the bird.  The officer needs more.  First, he needs to know that you aren’t a lunatic so calming down is important.  Second, he needs certain basic information to assist you:  the exact location where the incident occurred, a detailed description of the car with license plate #, a detailed description of exactly what occurred, witnesses if there are any, etc.   Let’s face it, the police can’t do much to help us unless we can provide them with enough info to track down the offending car and driver.

So, that’s my start to the solution…..  Nothing fancy but effective if we take the time to put ourselves in the shoes of the officer who we are trying to get to help us.  If you try this method and you are still getting an unreceptive ear from the officer, then it may be time to talk to his/her supervisor, the local district attorney or even a local judge.  More on that in another post!!

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.