Category Archives: Bike accident lawsuits

Test Your NY Bike Law IQ By Reading My Column At The Odessa File

Odessa File

A few months ago, I began writing a column for The Odessa File (photo above), a must-read community news website in Schuyler County. Since my wife and I live there now, I wanted to find a way to connect with my fellow residents, and I know that everyone in the county reads it. Charlie Haeffner has created a great resource for county residents, and I will say it again: Everyone. Reads. It.

The feedback has been great and people are coming up to introduce themselves on the street when I am out in the community. It’s been a great icebreaker.

0411reedPicI just published my fifth column this year. I write about legal news that people can use in their everyday lives. I have written about a great insurance change in state law for New York State drivers; about how a woman’s tragic death has led to a positive change in another state law; and about how writing wills can be a messy process for families.

My latest column is a wake-up call for New York motorists and bicyclists. The hibernation is over.

The snow is gone for good (I hope) and bicyclists are getting their bikes out of the garage and checking their brakes and tires. As we all prepare to hit the road again, and dodge the horrible potholes that winter left behind, it’s time to remind everyone on the road what the law says about the rights of motorists … and bicyclists!

So please. go read the terrific Odessa File website and read my column.

As a bonus, I have a brief quiz in the column that will test your knowledge about basic bike laws in NY. If you email me your answers, I will enter you in a drawing for a $50 gift card to a great Watkins Glen restaurant.

You can also email me at [email protected] f you’d like a very readable and easy-to-understand primer on NY laws for bicyclists. It’s a great refresher so we all have another safe year of sharing our roads with drivers, motorcyclists, and pedestrians.

Thank you for reading!

Jim

James B. Reed
NY & PA Bike Crash Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

Inspect Your Quick Release To Avoid Devastating Failure While Riding

It’s winter in NY and PA — cold and icy and snowy, definitely not bicycle season — so it’s a good time to head to your garage, get your bike out, and complete a safety check. We will get our first taste of spring soon, I hope, so be ready.

quickrelease2If you have a quick-release seat or front wheel, that’s a good place to start your winter inspection. I will focus on that today because failure, of either the front wheel or the seat, can lead to very serious injuries and destroy your bike.

Please watch the instructional video above by Global Cycling Network. It’s a great primer for new and future quick-release users.

So you and your buddy installed quick-release seats and wheels last fall, and had a few safe rides? You think you have nothing to worry about, right?

I hope so, but … I have handled a few bike crash cases caused by quick-release failures. As you might imagine, if the quick-release fails and your wheel suddenly separates from the bike, injuries can be catastrophic.

Quick-release failures can be caused many ways:

  • Improper installation.
  • Improper adjustment.
  • Poor manufacturing.

The point is that if someone is injured because of a quick-release failure, they should:

  • Immediately preserve the bike and wheel and …
  • Contact an experienced bike crash lawyer who can then investigate the details of the crash and determine the cause of the failure.

I would recommend you take your bike to a local bike shop this winter and have them inspect your quick-release levers. Also be sure they observe how you remove and return your wheel and/or your seat. They might have safety suggestions after observing your methods that will save you thousands in medical costs.

Losing a front wheel while riding could send you head-first toward the pavement, so be as prepared as you possibly can before spring arrives.

Be safe on our roads, and thank you for reading!

Jim

James B. Reed
NY & PA Bike Crash Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

 

 

 

 

 

 

After Son’s Bike Crash, Father Gears Up Fight For Safer Streets For Cyclists, Pedestrians In Ithaca

Armin Heurich with some of his yield signs.

Armin Heurich with some of his yield signs.

Armin Heurich of Ithaca, the president of the Finger Lakes Cycling Club, has written an excellent guest blog post about his long battle for bicycle and pedestrian safety in Ithaca, a big issue in a progressive – but unsafe – city. The turning point in his struggle for safer streets is very personal ….

Why is a state traffic law almost completely ignored and unenforced in some cities, and almost universally respected in others?

I’ve been pondering this question for many years now in Ithaca, N.Y., where I have lived since 1997. Section 1151a of the New York State Traffic Law states that: “[w]hen traffic-control signals are not in place or not in operation, the driver of a vehicle shall yield the right of way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk on the roadway upon which the vehicle is traveling, except that any pedestrian crossing a roadway at a point where a pedestrian tunnel or overpass has been provided shall yield the right of way to all vehicles.”

Most states in the U.S. have similar laws in the books. Most of us have visited a city or town where we can step foot in a crosswalk where there is no traffic light and marvel as all oncoming vehicles travelling in both directions respectfully come to a complete stop.

I have visited many cities in Vermont, New Hampshire, Massachusetts, Maine, Washington, Oregon and California where one can safely assume that motorists will indeed yield. Yet in Ithaca and so many other cities and towns across the country, casually stepping into a crosswalk at an intersection with no traffic light involves putting your life at risk. When a vehicle does finally slow down, you can’t count on vehicles travelling in the other direction to follow suit, since all bets are off.

I am decidedly an urban dweller. When I was hired for a job as a librarian at Ithaca High School, my wife and I initially considered living in the lovely countryside, since we love all forms of outdoor adventure from cycling and hiking to cross-country skiing. Ultimately, we decided to live in the heart of the downtown Northside neighborhood, since it allowed us to bike or walk to work.

Cycling and walking are my primary means of transit both for business and pleasure, and we are only a mile away from some beautiful county roads that are very welcoming to cyclists, so living in the city was a great choice for us. It’s hard to imagine a better place for cycling, if you love the challenge of hills and appreciate breathtaking terrain. My direct bike commute is actually too short, so I typically add some hills and extra distance for a good morning workout.

While the county roads are mostly quiet and safe, with lots of low-traffic options, the same cannot be said for the city streets of Ithaca. Our small city is criss-crossed by state highways running east/west and north/south, including routes 79, 96 and 13.

These highways turn into mostly one-way city streets with a steady high volume of traffic, especially during business hours. Many motorists seem to be impatient and annoyed while driving through the city to their final destination. Ithaca is a waypoint to many, and pedestrians and cyclists are just another impediment along their way. Only one example of the challenges facing pedestrians is Seneca Street, which is Route 79 as it continues east through the city.

Try crossing Seneca Street at the Geneva Street intersection, and you are in for a rude awakening. There is a stop sign on Geneva Street, and there is no sign reminding motorists of the state law requiring them to yield to pedestrians. In fact, there is a dearth of such signs anywhere in the city. I have waited upwards of five minutes at that intersection waiting to cross, even with two feet in the crosswalk as I attempt to make eye contact with motorists. Of course, cyclists face the same exact challenges as they attempt to brave the crossing.

For many years, I have been asking mayors, members of Ithaca’s Common Council and the city engineers for more signs to no avail. I also ask why we have such an unfriendly pedestrian and cycling culture compared to many other municipalities, when we take such pride in being a caring and progressive-minded community. The best answer I get is that it is a cultural thing and a mystery that might not ever get resolved. I have attended Common Council meetings, Board of Public Works meetings, and open houses in which specific infrastructure projects are shared for public feedback. I keep asking the same questions, and get unsatisfying answers. I usually end up feeling ignored or sidelined, even though I have carefully chosen my words and present my perspective in a polite and thoughtful manner.

This summer, our family enjoyed a trip of a lifetime, which involved cycling and walking through many great European cities, including Copenhagen and Amsterdam, two of the most cycling- and pedestrian-friendly cities. We marveled at the infrastructure and the feeling of safety for cyclists of all ages and skill levels. We biked every day and logged nearly 100 miles of urban cycling in our week of sightseeing in those two cities. I took endless mental notes about how the cities were completely transformed through seamless infrastructure, and looked forward to sharing insights with friends and community members.

Then, a week after our return, my 16-year-old son was hit by a car while cycling in Ithaca. He stopped at a four-way, then continued on his way north on Albany Street until he was struck by a motorist heading west on North Titus Street.

The driver ran the stop sign and claims not to have seen Toby, who has struck hard in the ribcage. Toby rolled onto the hood of the car, causing some noticeable damage to the bodywork, then rolled onto the pavement after the motorist came to an abrupt stop. He spent seven days at Upstate Medical Center in Syracuse with a fractured rib and a collapsed lung, but was very lucky, since he did not concuss.

While I was sitting at his bedside during his painful convalescence, I became increasingly frustrated about Ithaca’s unfriendly streets. I felt like I failed him as well as the membership of the Finger Lakes Cycling Club by not being a more decisive advocate for bicycle and pedestrian safety. It was time for action. I thought up a renegade action that would likely start a community conversation about this issue; I got to work on social media and touched base with my local copy shop about the logistics of printing signs on rigid plastic.

My plan was to print the official state sign that states, “State Law: Yield to Pedestrians in Crosswalks” on rigid plastic, the kind used on political yard signs. I would make as many as I could, then assemble a team of like-minded friends in the community to zip tie the signs at dangerous intersections. The signs would have to be installed in a convincing manner, so as to fit right in with existing signs and not obstruct the view of motorists.

First, I contacted an Ithaca printer and emailed the graphic file for my prototype signs. Then I started a GoFundMe account and set a goal of $500 to cover the expense of sign production. Finally, I took to Facebook and shared a few posts about this idea on my wall, along with a link to my fundraising site. I have a good number of Facebook friends, many of whom live in and around Ithaca, but I was unprepared for the staggering response. In just three days I had raised over $400, and after a week I had surpassed my goal by nearly $100.

Meanwhile an Ithaca-based journalist named Mark Anbinder read about my project and interviewed me for an article that was to appear on 14850.com. Also I heard from many others in the Ithaca area who had accidents or near misses, including Ithaca Alderman Ducson Nguyen, who was hit by a car while cycling a month before Toby’s accident. The collective sense of frustration with the status quo and the encouraging words about the project kept me motivated.

I ended up getting about 50 signs printed, and with the help of friends, managed to get the signs placed on the most dangerous intersections by mid-August.

The community reaction was immediate. I was having conversations with neighbors and friends daily, and the overwhelming consensus was that the signs were making a difference. Drivers were more likely to yield to pedestrians in some of the most troublesome intersections. Local citizens and members of Common Council were urging the Board of Public Works and the city traffic engineer to install permanent signs and do more to get motorists to comply with state law. Residents were discussing the issue regularly on online forums, and the support for increased signage and enforcement was overwhelming.

About the time that I gave up on seeing Mark’s article on 14850.com, he published his piece, which was timed to appear during the first week of school

Mark’s excellent article raised much greater awareness about my campaign, and increased pressure on city leaders to take action.

I received a warning email from the supervisor of public works that my signs were out of compliance with state DOT regulations, and that they would be removed. While I fully anticipated this eventual action by the city, I was hoping that the signs would last much longer. My dream was that they would be systematically replaced by permanent ones, but that was not the case.

IMG_20170815_111408848_HDRHowever I am more hopeful and optimistic now than ever before. I have heard that the BPW has agreed that more signage is necessary, and that it will be installed in a reasonably short order. The question about increased enforcement keeps coming up as well, and the city is looking at possible solutions to address this problem.

After my temporary signs came down, I circulated an online survey, asking respondents to reflect on the impact of signs, the process of requesting safety signage, and to suggest intersections that need increased signage and enforcement. My next step is to summarize the survey results from nearly 50 residents and present it to the mayor, Common Council, city engineers and the BPW.

If you are feeling helpless about the pedestrian and cycling safety concerns in your community, I hope that my story gives you hope and possible strategies for being a catalyst for change. While Ithaca has a long way to go, I believe that the emotional energy invested in this project has already paid off. Ultimately, my goal is to change the culture of our city with regard to respect for non-motorized transportation, even while our downtown experiences unprecedented growth.

Please feel free to contact Armin at [email protected] if you have suggestions on or questions about his initiative.  

Armin Heurich is the president of the Finger Lakes Cycling Club and the faculty adviser of the Ithaca High School Cycling Club, where he works as a school librarian.

For Steuben County Magistrates, Bicycle Law 101 Was An Eye-Opener, Says NY and PA Bicycle Law Lawyer

I recently spoke with members of the New York Magistrates Association at a meeting in Corning. The members are town and village judges and justices who often don’t have the legal training of lawyers, so they welcome presentations by top lawyers.

Jim Reed.

Jim Reed.

I talked to about 35 judges and justices about New York state bicycle laws, and many told me afterward how much I opened their eyes to the unsafe conditions faced by bicyclists on the roads.

The video at the top of this page was taken by one of my clients who was seriously injured in a collision with a vehicle that turned left in front of him in Pennsylvania. Even the seasoned judges were surprised by the violence of the crash captured on the bicyclist’s helmet cam.

To engage my audience, I did most of the presentation in quiz format, and it was quite effective.

Here are my questions, with the answers I provided to members.

  1. May bicyclists in New York state legally ride side by side?
    Answer ….  Yes but not when passing parked cars, other bicycles or pedestrians.
  2. Is it legal for a bicyclist to ride in the driving lane?
    Answer ….  Yes, bicycles are permitted to use the entire driving lane when it would be unsafe for them to stay to the right or when they are preparing to make a left turn.
  3. Are all bicyclists in New York required to wear helmets?
    Answer ….  No for anyone older than 14.  Yes for 14 and below.
  4. Must all bikes in New York be equipped with lights?
    Answer ….  Yes if riding after dark.  No during the day.
  5. Is it legal to ride with headphones?
    Answer ….  Two headphones, no.  One headphone, yes.

It was surprising to me that many of the judges didn’t know that legally a bicycle rider has all of the same rights and obligations as if they were a motor vehicle.

Bicycle law is an area where many magistrates are not well informed because they don’t deal with it on a regular basis, like they do with the state’s Vehicle and Traffic Laws, said Annette Viselli Thorne, Painted Post Village Justice and vice president of the county’s magistrate association.

“With the increase in the number of bicyclists on the roads, and Jim’s advanced experience as a cyclist and bicycle law expert, he was a perfect fit for an educational presentation to the association,” she said. “His presentation was extremely informative and the resource documents he provided will be an asset to every judge and justice who sits on the bench.”

NY Bicycle Law Primer 2017

Click above for a copy of the NY Bicycle Law Primer 2017 that I shared with the judges and justices.

Thank you for reading!

Jim

James B. Reed
NY & PA Bike Crash Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

NY Highest Court Ruling Could Make Streets Safer In NY For Bicyclists

Injured Bicyclist

Jonathan Maus, the publisher and editor-in-chief of BikePortland.org, had a great recent post about a New York Court of Appeals ruling about city street design and accident liability that could be great news for bicyclists all over the country.

Jonathan writes:

  • “After years of assuming cities had blanket immunity from liability when it came to street design decisions, a recent decision by New York’s highest court has thrown that into question. The court found that the City of New York can be held partly liable for a man’s death because they knew the road encouraged speeding and unsafe driving but they failed to study and implement measures to mitigate the risk.
  • “The ruling is being hailed as a “landmark” and “game-changing” decision by New York City nonprofit organization Transportation Alternatives.”
  • Bigger“Here’s what Transportation Alternatives said in its statement: The New York high court just ruled that the City can be held liable for failing to study and implement traffic calming measures, which the jury determined were a major factor contributing to the crash. In a 2004 incident, the driver was traveling at 54 mph on Gerritsen Avenue, which had a speed limit of 30 mph. Prior to the incident, the City had been advised by local residents, elected officials, and the Department of Transportation that speeding was common on the street, but that no sufficient speed study or traffic calming review was performed. The Court found the City liable for failing to adequately study and mitigate the road conditions that contributed to the speeding, stating that “an unjustifiable delay in implementing a remedial plan constitutes a breach of the municipality’s duty to the public.”
Jonathan Maus.

Jonathan Maus.

Jonathan continued: Experts testified during the trial that “it was known among traffic engineers that straight, wide roads” that lack pedestrian-friendly features “encourage speeding because drivers feel more comfortable on roadways with those characteristics.” The Court distinguished these types of thoroughfares from streets that have traffic calming measures in place, which “cause drivers to be more cautious” and “are known to reduce the overall speed on roadways. … The ruling is a major development because it means the City can potentially be held liable for unsafe street designs.”

Jonathan also got reaction from my fellow BikeLaw.com lawyer and Bicycling Magazine columnist Bob Mionske, who said the decision is a “watershed moment for cycling advocates.”

Here are Bob’s comments to Jonathan:

Bob Mionske

Bob Mionske

“Traffic violence is the issue for advocacy efforts and this decision opens the door to holding liable the only party who can make the changes necessary for a safer transportation environment. I applaud their decision as all cycling advocates should.” Bob said he thinks the ruling will lead to more lawsuits against public entities for unsafe road design which will in turn compel municipalities to make the roads safer.

“My guess is that the Turturro decision out of New York Court Of Appeals,” Bob said, “will be used as support in other jurisdictions, and we will see some jurisdictions agree with New York and others continue to apply their state’s sovereign immunity statutes, especially in states with ‘absolute’ state immunity.”

Thanks for reading,

Jim

James B. Reed
NY & PA Bike Crash Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

USA Cycling Teams Up With Bike Law Lawyers, Including Me, To Protect Cyclists

 

There is some very big news in the U.S. cycling world today. US CX Nats

Bike Law, a national network of bicycle crash attorneys, is now the exclusive legal partner of USA Cycling, the governing body for competitive cycling in the United States. This partnership will provide USA Cycling members with respected and professional legal assistance and much more: information, education, and
increased awareness of cycling laws, legal reform and advocacy.

As a proud member of USA Cycling, I can’t wait to see the synergy created by the Bike Law/USAC partnership.  I am one of two New York State attorneys in the Bike Law network. I am available to represent New York and Pennsylvania bicyclists and their families.

Bike Law, has lawyers representing cyclists and advocating for cycling safety across the United States and Canada.

USAC-logo

Bike Law will provide USA Cycling members with exclusive benefits, including:

  • Priority initial consultation with a bike attorney within 24 hours and at no charge.
  • Reduced fees in bicycle crash cases for members.
  • Ongoing consultation for clubs on organizational legal issues at no charge.
  • Speaking engagements on bicycle law to clubs at no charge.
  • Priority consideration for pro bono legal representation by the Bike Law Defense League to advance cycling justice.

Join USA Cycling today to support a great organization and join the fight to help make our roads safer!  USA Cycling has recently added a Ride Membership for those cyclists who love to ride but have no desire to race.

Thanks for reading.

Jim

James B. Reed
NY & PA Bike Crash Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

 

Police were Wrong but the Judge Gets It Right In Fatal NYC Bike Crash Case

Actress Caitlin Venedam.

Actress Caitlin Venedam.

An actress who struck and killed a bicyclist in 2014 while distracted by her cell phone has been barred from driving in New York state – not by police or a criminal court judge, but by an administrative law judge.

Many times I have had the unfortunate experience of the police simply not getting it right, so this case, where the police were wrong and the administrative law judge was right, is especially impressive.

Police said Caitlin Venedam, 28, a standup comic and actress who portrayed “Chastity” in the TV series “Gossip Girl,” ran down Matthew Brenner, 29, at about 9:30 p.m. on July 6, 2014. Police let her drive away without any charges.

But according to a report on dnainfo.com:

State Administrative Law Judge Regina A. Rinaldi decided that “a contributing factor in Matthew Brenner’s death was (Venedam’s) failure to exercise due care to avoid striking (the cyclist).”

Rinaldi barred Venedam from driving in New York state, starting in March 2016. She can still drive in her home state of New Jersey.

My friend and fellow BikeLaw lawyer, Dan Flanzig, represented the bicyclist’s Estate.  Dan did a great job of exposing evidence that would not have come out but for his efforts.

Daniel Flanzig.

Daniel Flanzig.

“But for our civil suit, certain things would never have been brought to light, including that she was using Google Maps to guide her,” said Flanzig, who said the actress would still be driving in New York were it not for information uncovered in the civil suit.

“That should have been used by (NYPD’s Collision Investigation Squad). The Administrative Law judge would never have had the evidence necessary to revoke her license. The CIS work alone was completely insufficient.”

According to dnainfo.com, the actress told lawyers in a deposition that she was coming from her home in Point Pleasant, N.J., and was rushing to pick up a friend at LaGuardia, but ended up driving away from the airport on the Brooklyn-Queens Expressway.

The report says:

Venedam got off the highway at Sands Street to call her friend and consult Google Maps on her cellphone because she was lost.

With her phone still open to Google Maps sitting on the passenger seat, Venedam drove down the street and veered across a safety triangle in order to make it back on to the BQE, according to the report.

The actress testified that she was traveling between 25 and 30 mph and was using audio prompts from the location app.

A video of the crash shows the actress trailing close behind a car that veered out of the way to avoid Brenner, then she smashed into the cyclist in the safety triangle as he tried to make his way to a bike path on the other side of the entrance ramp.

Police originally blamed Brenner for riding his bike across the ramp to the Brooklyn-Queens Expressway, but the video shows he was not in the roadway.

Venedam was cited four times from 2006 to 2012 for unsafe driving, speeding, not wearing a seat belt and blocking traffic, according to New Jersey Motor Vehicle Commission records.

Flanzig said criminal charges would be difficult to bring against her because distracted driver statutes require the driver to be holding the cellphone.

Thanks for reading,

Jim

James B. Reed
NY & PA Bike Crash Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

 

Downstate Reporter Urges Better Safe Passing Law For Bicyclists

bicycle_commuters

The Journal News, a downstate newspaper that serves Westchester, Rockland, and Putnam counties, recently featured a story about bicycling accidents and deaths downstate, written by David McKay Wilson, a reporter, bicycling advocate and former board member for the Westchester Cycle Club. My hope is this story will help win over hearts and minds downstate about the importance of making our roads safer statewide for bicyclists! Albany, are you listening? It’s time to improve the state’s vague safe passing law!

David recently toured accident sites in the Lower Hudson Valley where bicyclists were killed and checked on cases involving motorists facing changes in bicyclists deaths downstate. What he found was the disposition of cases involving cyclists’ deaths varied dramatically.

David called me for comment and I had this to say in the story:

Attorney Jim Reed of the Ziff Law Firm in Elmira, who represents cyclists injured on the road, said the disposition of cases depends on several factors: the aggressiveness of the police investigation and local prosecutors, as well as the existence of aggravating factors, such as drug or alcohol use by the driver.

“If there’s an aggravating factor, the prosecutor has more power to bring the hammer down,” said Reed, who also serves as president of the New York Bicycling Coalition, a statewide advocacy group. “If not, there are large deficiencies in New York’s law.”

Public outcry also has impact as well.

“If you are not a squeaky wheel, the police are moving on to their next collision or drug bust,” Reed said. “Having local advocates raise hell can help.”

David’s story makes some key points worth noting here:

  • There are more bike commuters downstate. NYC bicyclists are crossing the George Washington Bridge and riding north to Rockland County while more bike commuters are also going to work locally or riding to Metro-North train stations, destined for the city.
  • Bicycle commuting is on the rise nationally, growing by more than 62 percent from 2000 to 2013, according to the League of American Bicyclists.
  • In 2014, according to the state, 47 cyclists were killed statewide and 5,694 were injured. Nationally, 720 bicyclists were killed, up 4 percent from the year before, according to the Insurance Institute for National Highway Safety.
  • Among New York’s 47 fatalities, 11 resulted from drivers failing to grant the right-of-way to cyclists while nine were caused by driver inattention or distraction. Cyclist error was the contributing factor in 19 of the fatalities, according to the state report. In addition, 19 of the fatalities occurred at night – between 9 p.m. and 6 a.m.

David also wrote the following about the statewide drive for a better safe passing law, something I have lobbied for in Albany as the president of the NYBC:

Efforts in Albany in 2016 to strengthen New York’s Safe Passing Law, which cycling advocates say will give prosecutors stronger tools to enforce road sharing, failed to come for a vote in the state Assembly. The current law, which was passed in 2010, requires that motorists pass at a safe distance. The bill would require that motorists pass cyclists by at least three feet.

It passed in the Senate but failed to emerge from the Assembly Transportation Committee, chaired by Assemblyman David Gantt, D-Rochester. A phone message to Gantt’s office was not returned.

Thanks for reading,

Jim

James B. Reed
NY & PA Bike Crash Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

 

 

 

Horrific NC Crash That Hurt 4 Bicyclists Is Exhibit A for Why We Need a 3-Foot Passing Law in NY

 

As President of the New York Bicycling Coalition, I am urging New York State residents to get involved to help save the lives of bicyclists by urging their state legislators to pass a three-foot safe passing law. The unenforceable law on the books now in New York State defines the passing distance only as a “safe distance,” which police say is difficult to enforce.carchex-3-feet

A horrific car/bike crash last weekend in Angier, N.C., is sadly the latest evidence that all states need the three-foot passing law.

What makes it even more sad for me personally is because one of the injured riders, Mike Dayton, is a friend of mine who I know through my work with BikeLaw.com.  Mike is one of the nicest guys I have ever met.  More importantly, he is one of the safest and most experienced riders I have ever met.  Despite that fact, as discussed in detail below, Mike is laying in a NC ICU right now with a bad head injury because he was mowed down from behind while riding in a line of four single-file riders.  Trust me, if this could happen to Mike, this could happen to any of us who enjoy riding our bikes.

Like New York, North Carolina is another state behind the times without a defined passing distance law.  If the driver in Mike’s case would have just given these riders 3′ of passing distance, Mike would be happy at work rather than in the ICU…….

You can read the full news reports here and here:

 

Long story short, 4 experienced bike riders who were riding single-file were mowed down from behind by a passing car. The driver, Donnie Marie Williams, told a TV station that when she saw the bicyclists, there was no room to move over because a vehicle was coming in the other direction. “It happened so quick,” she said.

Apparently, it never occurred to this driver that she could have avoided this tragedy had she simply slowed down and waited for the on-coming car to pass.  If NC had a 3′ passing law, and had this driver learned that she MUST ALWAYS permit at least 3′ of passing distance, this crash would have never occurred.

I know that simply changing the law won’t prevent all future bike crashes but I also know from what I have seen over the years with seatbelt use, DWI penalties, etc., a change in the law CAN dramatically change motorist behavior.

Passing a 3′ law is an important first step in changing motorist behavior when passing people who ride bikes.  If you agree, please take 2 minutes to email your legislator by using this easy-to-use form.

Thanks for reading — and please remember to contact your state legislators in New York!

Jim

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

 

At Long Last, A Simple Law To Save Bicyclists’ Lives — Proposed 3-Foot Passing Law For NY!

If you could change just a few words in an existing law to make it safer for every person in NY to ride their bikes, wouldn’t you do it?

If the change in the law wouldn’t cost a penny but would save millions of dollars a year, wouldn’t you do it?

Of course you would!

NYBC logoAs President of the New York Bicycling Coalition (NYBC), I am pleased to announce that NYBC has secured support in both the New York State Assembly and Senate for a new 3-foot passing law in NY. Here is the Senate and Assembly bills.

State Sen. Tom O'Mara.

State Sen. Tom O’Mara.

My personal thanks to New York Senator Tom O’Mara, who agreed to be the lead sponsor for this important law in the Senate, and to Assemblyman Phil Palmesano, who agreed to co-sponsor the Assembly bill. It is so nice to know our local legislators truly care about cycling safety in NY.

But now comes the hard part, and this is where we can use your help. We need concerned, caring bicyclists to reach out to their local legislators to ask that they please support this important law.  We need people to visit, write and email their legislators. We need legislators across NY to know about this important law and to know it matters to all NY cyclists.

NYBC will be teaching its members across the state how to support this new law. If you are interested in helping this effort, please join NYBC today.

Assemblyman Phil Palmesano.

Assemblyman Phil Palmesano.

Memberships start at just $35 but if you can’t swing that amount, email me at [email protected] and I will get you on the NYBC mailing list so your voice can be heard.

Let’s bring New York State law into the 21st century. Let’s save lives and save money. Let’s send a message that New York is serious about creating a safe and shared road system throughout our great state!

Thanks for getting involved,

Jim

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