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.

I recently had a letter from a young cyclist seeking my advice after a “dooring” incident. Through no fault of her own, she was struck by a car door while on her bicycle. She decided not to press charges or seek medical attention and now the car owner’s insurance company wants her to pay for damage to the car door that struck her. Seems outrageous, doesn’t it!?! I wanted to share her letter here, along with my reply about this unfortunate situation:

Dear Jim,

On February 5, I was involved in a “dooring” accident on my bike. I filed a police report, but then I decided that I wouldn’t press charges because it wasn’t worth the hassle. Today (March 27), I received a letter in the mail from the insurance company of the car’s owner (who was not the driver who caused the accident) that I am expected to pay $500 to cover the deductible for damages to the vehicle.

This is a sum up of the accident:

I turned left at a green light onto a main arterial in Philly. A Mercedes was double parked over the bike lane, and someone was loading things into the trunk of the car, also standing in the bike lane. My boyfriend passed the car on the left on his bike first, and then as I passed the car on the left, a man in the driver’s side opened the door. I struck the outer edge of the door frame with my bike and fell into the street. My front wheel is damaged, and I had such extensive bruising and muscle pain in my right arm that I had to miss two days of work (I stock at a grocery store and model). We filed a police report, and I took pictures of my bruise in case I needed anything, but I don’t have health insurance, so I refused transport to a hospital.

Now I’m expected to pay $500 in damages for the door of the car that hit me? It says that it seems I was in the wrong, which makes no sense to me.

I need some help. Is there anything you can do or advice you can give me before I call the insurance company?

Thanks in advance – R.

And here is my response:

All I can say is “that stinks.”  Actually my words were much stronger than that but I didn’t want to offend you!  J

The bottom line is that I think it was a mistake to NOT press charges because those charges would have been the leverage you need to nip this nonsense in the bud.  I don’t tell you this to make you feel bad—I only mention it for future reference.  Pressing charges IS a hassle but at least doing so helps to demonstrate that it was the other party, not you, who was at fault.

So, let’s forget the past and talk about what you can do now…..   You should go talk to the insurance company and explain in detail exactly what you have told me.  Tell them that you have no intention of paying their insured’s deductible because the accident was their insured’s fault, NOT yours.

Tell them that in the event they pursue this any further, we will bring a counter-claim for your personal injuries and damages (in PA, you have a two-year time limit for pursuing an injury claim).

This should be enough to make them go away.  If they persist, just keep telling them that you will not voluntarily pay them a single penny and if they expect to get a penny they will just have to sue you.  Ninety-nine percent of the time they will not risk taking any further legal action against you…..

Sorry about your difficulties but I hope this basic advice helps.

I hope my advice to R. helps other readers out there as well. 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.

It’s difficult – and sad – to believe, but our government has had to resort to officially recommending that drivers respect the lives and space of cyclists and pedestrians. The Department of Transportation recently sent out a press release detailing its POLICY FOR BICYCLE AND PEDESTRIAN ACCOMMODATION.

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.