NY Bike Injury Attorney Loves These Bicycle Jerseys!

Bicycle Safety, Cool Stuff for Bicyclists, Risks for Bicycle RidersNo Comments

share-the-road-jerseyComing and going, these bicycle jerseys really make a statement!

I just saw these great cycling shirts at www.sharethedamnroad.com. They bluntly but humorously express the need (and legal obligation!) for motorists to share the road with cyclists.

Some of the sayings on the backs of these jerseys:

  • Don’t Honk at Me!
  • Share the Damn Road!
  • Infinite MPG (Miles Per Gallon)
  • 3 Feet (with an arrow)
  • Slow Down!

and my favorite:

  • Don’t Run Me Over!

On the front of each shirt …

“Thanks!” in inverted text, so that it can be read in a rear-view mirror.

The jerseys are made by Canari. They cost about $60. Share the Damn Road is a really interesting, witty bike advocacy site. It was founded by Phil Gaimon, who describes himself as a professional cyclist for the Kenda-Gear Grinders Pro Cycling Team, a coach, and a freelance writer.

Phil says he always makes an effort during training rides to educate any rude drivers he catches up with at a red light. Improving motorist courtesy one driver at a time – that’s Phil’s mission, and he says he aims to do it with a “slightly confrontational” method.

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.

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New York Bicycle Accident Lawyer Urges Drivers to Check Their Mirrors for Bicyclists

Bicycle Safety, Risks for Bicycle RidersNo Comments

decal_leftmirror

Image from VigilantVelo.com

This past summer I took a case for a Corning, NY, bicyclist who was hit by a car. The vehicle pulled away from the curb without noticing oncoming traffic.

I took the deposition of the driver of that car and she admitted that she never looked in her driver’s side mirror to check for oncoming cars or bikes. She said that she thought looking in the rearview mirror only was OK because: “I would have seen something as big as a car.”

She never considered that she should have looked in her sideview mirror as well – to make sure that there wasn’t an oncoming bike rider.

This proves my point that most motorists only think they need to be on the lookout for other cars or truck, therefore they simply are not looking for anything smaller or slower-moving, such as bikes or pedestrians. That’s why I think driver education needs to stress vigilance – watching out for bikes, motorcycles and pedestrians is more important than ever.

Akin to driver education is signage or other methods of reminding drivers to be on the lookout for bikes so they don’t cause an accident. I recently read about a new product that’s just brilliant. It’s cheap, easy to use and has the potential to remind countless drivers to keep an eye out for bicyclists.

Vigilante Velo, a non-profit group, has developed subtle, clear “bicyclist” decals that can be stuck to side-view mirrors. Without blocking the driver’s vision at all, these unobtrusive stickers  are a reminder, every time a driver checks his side view mirror, to check for bicyclists.

I came across this tip at The Chicago Bike Advocate Blog by Brendan Kevenides. VigilantVelo.com sells the stickers – not yet available in stores – for $2 each. All proceeds of sticker sales will go to “printing more and a donation to the League of American Bicyclists,” according to VigilantVelo.com. Buy in bulk and save: It’s $18 for 1o stickers and $200 for 200.

These simple stickers are a great idea. It’s so easy to take that extra second to look. A little extra vigilance from drivers could save the health or life of many a bicyclist.

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.

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NY Bicycle Accident Lawyer Outraged by Dangerous Facebook FanPage‏

Bicycle Accident Cases in Court, Bicycle Safety, Risks for Bicycle Riders, UncategorizedNo Comments

Bike-Lane-Arrow1As an attorney who handles many bike accident cases every year and is also an avid bicyclist, I have seen a growing hostility toward cyclists from the motorist community in the last few years.

Sometimes I begin to think that my opinion about this is just my imagination, caused by the fact that I ride almost every day and meet with cyclists every day, so I am just exposed to it more than others.

But I just learned of a Facebook FanPage that confirms it is NOT my imagination and that there are MANY, MANY, MANY motorists who are willing to openly declare war on cyclists.

This page is called: “There’s a perfectly good path right next to the road you stupid cyclist!” and it features gems like these:

  • “No matter how far to the left you are, you’re taking up my road.”
  • “My car is hard, and I am not slowing down!”
  • “Cars are hard, cyclists are not.”

Lest you think this is an isolated phenomena, this FanPage has more than 36,000 fans! It’s sickening to me that anyone would become a “fan” of such a demented page.

It’s truly frightening (and sad) that there are more than 36,000 people who are willing to publicly proclaim that cyclists have no right to be on the roads.

Let me be clear: In New York, a bicyclist has a perfect legal right to be on the road. Motorists may not like that fact but that’s the law.

I represent injured cyclists every day and I know first-hand the devastation a car vs. bike collision can cause — death, paralysis, fractures, huge lacerations — are common. I have no hesitation at all to pursue the insurance and every asset of any motorist who disregards New York state law and hits one of my clients.

I truly wish motorists would learn to respect bicyclists rights and treat them with respect. Sad to say, there are many ignorant people who consciously disregard the safety of vulnerable cyclists.

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.


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Beware of Car Doors: Amazing Animated Video Has Safety Message for Bicyclists

Bicycle SafetyNo Comments

A bicyclist is happily rolling along city streets. A bouncy beat sets the pace. It’s a happy scenario, until – “Blam!” – a careless car driver’s mistake means a serious injury to the bicyclist.

“Doored,” a YouTube video by artists and bicyclists Eric Arnstein and Jeff Ryan, starts off being just neat to watch – with a quirky soundtrack and a neat photo-collage animation style.

You can’t miss the message while you’re being entertained, however. Everyone needs to see “Doored,” but no-one should get doored.

“Doored” has a point to get across: Car doors, opened carelessly, present a danger to bicyclists! Drivers, please watch out for bicyclists when you open your doors into a bike lane. All too frequently, people aren’t paying attention when they open their doors – sometimes right into the path of a bicyclist.

This video – which took its creators about 160 hours to make – is obviously a labor of love. So be warned and be entertained by “Doored.” Check it out here and share it with anyone who rides – or drives!

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

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A Smart Approach to Bicycle Safety: A New York County Makes Helmets Mandatory for All Ages

Bicycle Laws, Bicycle SafetyNo Comments

Man-in-bicycle-helmetThe general law in New York state is that the only bicycle riders required to wear a bicycle helmet are those 14 years old or younger.

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

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Tips By An Experienced Bicycle Accident Lawyer on HOW to Avoid a Car Collision

Bicycle Safety, Risks for Bicycle RidersNo Comments
Illustration for door zone.

Image via Wikipedia

Having handled bike accident cases for more than 20 years, I am amazed at how many of the car vs. bicycle collisions occur out of the same or similar scenarios.  Here is a list of some of the more common scenarios I see when consulting with injured bicyclists:

  1. LEFT TURNING CARS– A car makes a left-hand turn in front of a cyclist coming from the opposite direction.
  2. BROADSIDE COLLISIONS FROM CARS ON A SIDE STREET– A vehicle at a stop sign on a side street pulls out in front of a cyclist entering the intersection.
  3. RIGHT TURNING CARS– A motorist making a right-hand turn cuts off a cyclist riding parallel to the vehicle.
  4. BICYCLIST REARENDED– A cyclist is hit from behind by an overtaking truck.
  5. CARS EXITING DRIVEWAYS– A car pulls out from a driveway in front of a cyclist.
  6. “DOORING” THE CYCLIST– The driver of a parked car doesn’t look first and opens the door into an approaching cyclist.

In every one of these scenarios, the driver’s always claim “I never saw the cyclist”.  Personally, I think this “I saw nothing” claim, is nothing more than a lame and convenient excuse because THE LAW REQUIRES motorists to be alert for ALL traffic including cyclists and pedestrians so a motorist can’t excuse his error by saying he didn’t see what was clearly there to be seen.  However, this excuse does point out one of the most important things every cyclist can do to try to avoid a collision:

MAKE YOURSELF VISIBLE!

Here are some of the things you can do to make yourself as visible as possible:

  1. Use lights and reflectors on your bike.
  2. Wear brightly colored cycling clothes.
  3. “Ride big”– that means be obvious to motorists by asserting your right to assume the travel lane when necessary for your own safety.
  4. Signal your intention by pointing in the direction you are turning and make it obvious where you are going.
  5. Carry a card or wear a Road ID with emergency information in case of an accident.
  6. Always wear a helmet.
  7. To the extent possible, try to avoid congested intersections and rush hour traffic.

I hope these tips help you avoid getting hit by a car while riding your bike.  Good luck and ride safe!

Jim
__________________________
James B. Reed
Bicycle Accident Lawyer
jreed@zifflaw.com

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Finding Fault with the Term “Bike Accident” – “Collision” Is Closer to the Truth

Bicycle Collisions, Bicycle Safety, Risks for Bicycle RidersNo Comments

bicycle-on-the-roadA friend forwarded me a great article, “Traffic Injustice,” from fellow bicycle accident lawyer Bob Mionske ’s excellent Road Rights blog. This is a great read for all cyclists but particularly for those of us who have ever had the misfortune to be in a bicycle riding “accident.”

Bob raises an excellent point about how the use of a single word — the word “accident” – can influence our perception of an event. After describing the manner in which several cyclists were killed by careless drivers, Bob points out that the investigating officers in each case concluded it was “just an accident,” as if that was some sort of excuse for the unnecessary and tragic death of the bicyclists.

Bob correctly observes:

“Many cyclists object to the use of the word ‘accident’ in describing collisions, because they too believe that ‘accident’ means nobody was at fault. So one thing that needs to be cleared up is this mistaken notion.

The word ‘accident’ does not mean that nobody was at fault. Except for the occasional Act of God, most ‘accidents’ are the result of at least one person’s negligence; somebody is almost always at fault.

‘Accident’ is actually used as a means to distinguish between collisions that are unintentional (in other words, collisions that are “accidental”) and collisions that are intentional — what we call assault with a deadly weapon, or attempted homicide or even homicide.

Nobody — especially nobody in law enforcement or the justice system — should be confusing the unintentional nature of accidental collisions with an absence of fault.

And once we understand that somebody is always at fault in the vast majority of accidents, we can start to question why negligent drivers who injure and kill are rarely, if ever, charged with an offense reflecting the severity of the harm they have caused.

I have banished the word “accident” from my vocabulary when discussing bicycle vs. motor vehicle collisions. Sure, “accidents” DO occur, but…

it’s not an “accident” when a left-turning driver fails to see a brightly dressed cyclist with lights all over his bike,

it’s not an accident when a driver drifts 3 feet onto the shoulder, rear-ending a law-abiding cyclist at 55 mph,

it’s not an “accident” when a driver “squeezes” a cyclist in to a curb when making a right-hand turn.

Those are “collisions” that could have been (and should have been!) avoided had the driver just paid attention and obeyed the law.

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.

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Spread of Rumble Strips a Serious Danger For Bicyclists in New York State

Bicycle Laws, Bicycle SafetyNo Comments

Rumble strips are tough on bicyclesAs a cyclist (and a bicycle accident lawyer!) I am vehemently opposed to rumble strips, which are very hazardous to cyclists. Cyclists are endangered if they try to ride over the bumpy surface. They are also put at risk if they try to ride around the rumble strips.

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

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