Category Archives: Bike crashes

In Rochester Car-Bike Crash, Young Bicyclist Steps Up … But Driver Doesn’t

Julian Moore and his mother, Jenny Moore, near the scene of Julian’s bike collision in September. (Photo by Rochester Democrat & Chronicle newspaper)

Sometimes, a 10-year-old boy can be more responsible than a 66-year-old man.

That was the case last fall in the aftermath of a car-bike crash in the Rochester suburb of Pittsford, according to a report this week in the Rochester Democrat & Chronicle newspaper.

The boy, 10-year-old Julian Moore, was riding his bike in his neighborhood on Sept. 7 when he was struck by a Range Rover being driven by 66-year-old Doug Lamb of Canandaigua,  Lamb had left nearby Oak Hill Country Club after a round of golf and was driving a borrowed Range Rover.

Julian Moore’s bicycle following the crash. (Photo by Rochester Democrat & Chronicle newspaper)

Although Lamb stopped after Julian crashed to the pavement, he left before police arrived. He didn’t identify himself to anyone at the scene, not Julian or his mother, Jenny Moore, who was called to the scene, or paramedics or witnesses. Police said he also never reported the crash to the authorities.

Julian suffered only scrapes and bruises and was later diagnosed with a concussion, his mother said.

It took investigators two weeks to track down Lamb at his lakefront home and charge him with Leaving the Scene of an Accident Causing Personal Injury, a misdemeanor.

Lamb told police he checked on Julian, waited for 30 minutes at the scene, and left after Julian’s mother declined treatment for Julian. He told investigators he didn’t think he was needed anymore.

Police reports, however, provided a different timeline. The ambulance was called at 4:54 p.m., arrived at 5:02, and police arrived at 5:12 – and Lamb was already gone when police arrived. That’s way less than the 30 minutes he claims he waited at the scene.  Regardless, under NY law, a driver involved in a personal injury crash is prohibited from leaving the scene until the police arrival no matter how long it takes for the police to arrive.

A plea deal was struck in Pittsford Town Court on Dec. 6. Prosecutors wanted Lamb to perform community service and write a letter of apology to Julian, and Lamb wanted the charge dismissed.

Town Justice John Bernacki rejected community service, citing Lamb’s age and physical condition – despite the fact that Lamb was playing golf prior to the crash.

Judge Bernacki agreed to dismiss the charge if Lamb wrote an apology to Julian, but it was Lamb’s “apology” letter that hurt Julian more than the collision with the Range Rover.

The letter:

Dear Julian,

I’m very sorry that you rode into the side of the car I was driving on Friday, September 7th. More importantly, I am glad you didn’t need to be treated by the attending ambulance on the day of the incident. Wishing you a safe and happy holiday season. Sincerely, Doug Lamb.

Julian’s response? “I was angry, really angry, actually. I was really upset with it.”

Julian provided the reporter with his recollection of the “incident”: “He accused me of riding into the side of his car, which didn’t really happen. He came up from behind me.”

The Lamb case was “adjourned in contemplation of dismissal” (ACD) on the condition that Lamb write an apology letter. So the question now for the town justice is: Was the non-apology letter enough to dismiss the charge?

The newspaper columnist who wrote the story said what Lamb wrote “was an insult to the court. The court deserves better, and so does Julian.”  I wholeheartedly agree.

As the columnist pointed out, the 10-year-old accepted responsibility for his part in the collision but the adult driver refused to accept responsibility for running over a bicyclist.

The court has six months to reconsider the dismissal.  A hearing is scheduled this week in town court to discuss the case.

Will justice finally be served?  Let’s hope so……

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

 

 

 

 

 

Not The Way I Wanted My Ride to End……

This is how my ride ended……in the back of a pickup truck driven by Rusty, a local Good Samaritan, who made sure Meg and I got home safely after our tandem seatpost unexpectedly failed causing us to crash.

My wife, Meg, and I have been riding together on a tandem bicycle for 20 years. We ride single bikes most of the time, but the tandem gives us a great way to share our passion for cycling and spend time together enjoying the beautiful Finger Lakes countryside.

My seat post also held Meg”s handlebars until they sheared off.

We are lucky to be alive, though, after our tandem suffered a major structural failure that sent us crashing to the road on Aug. 19 during one of our rides. It was a terrifying few minutes we will never forget, followed, very fortunately, by the kindness of a Good Samaritan named Rusty who saved the day for us.

Before Rusty arrived, though, it was just Meg and I riding on Logan Road in the Town of Hector, a road we have ridden hundreds of times. We were about five miles from our home after riding about 25 miles.

I had visually inspected our tandem before we left our house. We had just returned from a week of riding the roads of Vermont together, where we traveled about 75 miles a day on the tandem. The dependable and rugged seven-year-old tandem appeared to be good shape.

In the seconds before we crashed, we sped through a steep downhill part of Logan Road at 35 to 40 miles per hour so we could build momentum for a steep incline just ahead. It felt like a routine ride for us.

The bottom of my seat shows where the post broke off.

But as we climbed the steep incline gradually slowing as we reached the crest of the hill, I felt an awkward movement from Meg, and then the bike pivoted sharply to the left. Meg’s handlebars (and my seat post) had broken off in her hands and we lost the ability to control the bike.

The next thing I knew, we were both on the pavement and one of Meg’s elbows was bleeding. I quickly moved Meg to safety, well off the road, and checked her injury. She was in pain, but suffered no serious injuries. I was fortunate to escape any injury.

I went back out on the road – no traffic had passed yet – and could see right away what happened that led to our crash: the metal post that held my seat, and Meg’s handlebars, had sheared off leaving a sharp, exposed edge.  We were so lucky that we didn’t get impaled by the the broken post as we crashed to the ground……

I moved the bike off the road and, as I was preparing to call one of our neighbors for a ride home, Rusty drove by. He passed us at first, probably not seeing us right away, but he backed up and asked if we needed help.

Once I explained what happened, he helped us pile our broken tandem into the back of his pickup truck. He offered to take us to the Hector Fire Department to have the EMT on duty look at Meg’s injury, but we declined, so we headed back to his farm so he could get his bigger pickup truck, and from there, we were home in minutes.

Rusty took a chance on us, welcoming two banged-up strangers into his truck without hesitating. His compassion reminded us – once again – how lucky we are to live in the Finger Lakes where it’s not at all uncommon for locals to graciously help one another.

Meg and I offer our thanks to Rusty and the many other Good Samaritans in the Finger Lakes who don’t think twice about helping a stranger in need.

A version of this story has appeared in The Odessa File.

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