NY Bike Accident Lawyer Shares Concerns Over Carbon Fiber Bike Components

Bicycle Safety, Risks for Bicycle RidersNo Comments

carbontubeAs 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

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NY Bike Accident Lawyer Angered by So-Called “Joke”

Bicycle Accidents, Bicycle Collisions, Bicycle Safety, Risks for Bicycle Riders1 Comment

share-the-roadA 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

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Bicyclist Injured by Hit & Run Driver Must Rely on OWN Insurance

Bicycle Accidents, Risks for Bicycle RidersNo Comments

Lone-bicyclistThere’s something ALL cyclists MUST do to protect themselves.

It’s got nothing to do with the typical road safety tips you hear. It’s not enough to practice safe cycling and have the proper equipment. You’ve got to protect yourself and your family financially.

Yes, there is a strong risk for cyclists who don’t realize that their own insurance may be the only coverage they have in the event of a hit-and-run accident. Bicyclists have to check their auto insurance policies to make sure they have enough insurance to protect them.

A recent hit-and-run case in Syracuse serves as a perfect example of why having your own insurance is so critical. The Syracuse Post-Standard covered the accident: “Syracuse police: Bicyclist critically injured in hit-and-run crash.” There is always the possibility that the motorist, after hitting you on your bike, will take off and possibly never be found.

That’s what happened in this case.

In that scenario, your own insurance company will be your only means of recovery. I’ve blogged about this issue before, in the NY Bicycle Accident Blog posts “NY Bicycle Accident Lawyer Explains How to Protect Yourself in a ‘Dooring’ Claim” and especially “SUM Insurance: The Inexpensive and Important Coverage Every Bicyclist Needs to Know About”.

Your auto insurance coverage will NOT be enough to cover your medical bills in the event of a serious injury from a hit and run driver. It’s just not enough – standard policies don’t begin to cover the costs of intensive medical care. In New York, the minimum required coverage is $25,000. In Pennsylvania, it is only $15,000.

That’s why I personally recommend that all my cycling friends purchase a minimum of $250,000 of Supplemental Uninsured/Underinsured Motorist coverage.

SUM covers you (and your family) whether you are injured in your car OR on your bike.

SUM actually doesn’t cost much at all for the amount of protection it provides.

Michael Bersani, an attorney who blogs at the Central New York Injury Lawyer Blog, wrote an great post about this accident and this insurance issue.

The following section is quoted from his post, “Bicyclist Injured By Hit-and-Run Motorist is Entitled to Insurance Coverage.”

“If you are a cyclist, is a good idea to purchase additional SUM coverage.

You can purchase SUM coverage up to a level that matches your liability coverage. So, for example, if you are covered up to $100,000 for injuries you cause to others (called” bodily injury” insurance), you can purchase that same amount in SUM coverage to protect yourself if you get hit by an uninsured (or underinsured) vehicle.

It is a bargain, too — purchasing the additional coverage will raise your premiums by only a few dollars a month, and will provide you will much needed additional protection if you suffer a serious injury through the fault of an uninsured or underinsured driver.”

Please, take my advice and Michael’s advice and purchase SUM. We’ve seen what happens when seriously injured cyclists have to rely solely on their own insurance or on the meager funds of an underinsured motorist.

For bicyclists, only a few dollars a month can buy a big chunk of peace of mind.

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 Explains Need for Police Cooperation

Bicycle Safety, Risks for Bicycle RidersNo Comments

small-bike-big-truckI 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.

A comment/question about Don Fitterer’s incident with a truck pushing him off the road: Something similar happened to me 2 yrs ago when a Cornell Univ. 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.


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Careless Drivers Pose an Ongoing Danger, Worries Avid Cyclist

Bicycle Safety, Risks for Bicycle Riders1 Comment

Fitterer-Oil-Rig-Bike-PhotoThe 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.


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NY Bicycle Accident Lawyer Explains How to Protect Yourself in a “Dooring” Claim

Bicycle Accidents, Bicycle Safety, Risks for Bicycle Riders1 Comment

A-Philly-bike-laneI 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.



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NY Bike Accident Attorney Warns: Could Hitch-Mounted Bike Rack Have a Dangerous Design Flaw?

Bicycle Safety, Risks for Bicycle RidersNo Comments

Thule T2 Bike Rack malfunctions on interstate causing injuries and destroyed mountain bike from Angie Hyndman on Vimeo.

It’s a small world in the biking community – and word gets around about important issues. Bicyclists have been buzzing about the Thule T2 hitch-mounted bicycle rack and possible severe design flaws with this rack.

Brendan Kevenides writes The Chicago Bicycle Advocate blog. He recently reported that serious problems have been reported with the Thule T2 rack, but that neither Thule or the U.S. Consumer Product Safety Commission have announced a recall

Brendan posted a link to the video embedded above, that quickly demonstrates what the problem is. Without a key screw tightened properly, the rack is pretty precarious, according to the video’s filmer.

Brendan also posted a reply to the design flaw allegations from the rack’s manufacturer, Thule. You can see it on his blog, the entry “Thule Responds To Alleged Problems With T2 Bike Rack.” The company response makes a pretty convincing argument. Thule says it has not received the damaged bike or rack to analyze, nor seen a police report on the incident.

Who are we to believe? I’m not sure, but take as few chances as you can. If you have one of these racks, check how it fits and make sure it’s adjusted properly. And keep track of the news on this blog and other biking sites to see if this situation pans out to be a fluke accident or a total recall.

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 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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SUM Insurance: The Inexpensive and Important Coverage Every Bicyclist Needs to Know About

Bicycle Accidents, Risks for Bicycle Riders1 Comment

Bicyce-and-road-imageTrue stories, especially cautionary tales, are always more compelling than any fiction. I wanted to share the story of a friend of mine and bike accident victim, Brian Klotz.

In the aftermath of a terrible collision that left him with serious injuries, Brian learned something about auto insurance that EVERY BICYCLIST NEEDS TO KNOW. This is based on the actual experience of someone who is still recovering the ability to walk more than a half mile, who is steadily making gains back to getting through daily life independently.

Brian recently sent an e-mail out to the members of Big Horn Velo, our Elmira-based bicyclist group. He wanted to thank everybody for  their support (e-mails, visits, cards and gifts) during his recovery.

He also wrote: “I hope that the lessons that I have learned, such as ALWAYS wearing your helmet, making sure that you have the maximum amount of SUM coverage on your auto-insurance that is possible. (I did not — talk to Jim for more details), and being patient with your recovery may make a difference with anyone else who finds themselves in this condition (which I would not wish on anyone).”

Brian gave his OK for me to share some information about his case and to follow-up on his comments about SUM coverage and the fact that he unfortunately did not have the maximum amount of recommended coverage. I apologize for the length of this post but as you will read below, this is VERY important information for all cyclists.

As you will recall, a few months ago I posted about the importance of SUM coverage for all bicyclists who also own cars.

SUM stands for Supplemental Uninsured/Underinsured Motorists coverage.

What it means is that if you get hit by a dirtbag (that is a precise legal term) with no insurance or a woodchuck (another legal term) with only minimal insurance (in New York state, the minimum is only $25,000. In Pennsylvania it is only $15,000), you have the right to recover from your own insurance company up to the full amount of your own SUM coverage. In other words, even if the other guy does nothing to protect you, you can protect yourself with SUM coverage.

2 great things about SUM:

SUM covers you (and your family) whether you are injured in your car OR on your bike.

Unlike most insurance coverage, SUM costs very little for all the protection it provides.

I personally recommend that all my cycling friends purchase a minimum of $250,000 of SUM coverage.

Brian has given me permission to share the details of his coverage with all of you because it illustrates in a very dramatic way the harm that befalls you if you don’t have proper SUM coverage.

In Brian’s accident, the 83-year-old driver who rear-ended him only had $25,000 of coverage. Brian did have $100,000 of SUM coverage at least. But he had intended to boost his limits to my recommended amount of $250,000.

Before the accident, when Brian contacted his insurance company (the dreaded gecko — Geico) to boost his limits, they said they would not add the additional coverage.

When an insurance company doesn’t want to sell more insurance, you have to assume that there is a very good reason why …

They didn’t want to increase his limits because they get paid a very small premium for what is potentially a large amount of risk. Well, what is bad for them, is good for you!

But here is the big lesson: Brian decided to wait until March when it was time to renew his policy and then he was going to search for a carrier that would give him $250,000 in SUM coverage (there are LOTS of companies who routinely sell higher SUM coverage). The decision to wait a few months may have cost him $150,000 in insurance coverage which otherwise would have been available! Ouch!

All of my cycling friends, please learn from this hard lesson:

REVIEW YOUR POLICY TODAY TO MAKE SURE YOU HAVE AT LEAST $250,000 OF SUM COVERAGE

(If you are not sure how to read your coverage, just fax me at (607) 398-7947 or e-mail me the couple pages from your policy that list your coverages/premiums, and I will be happy to review them for you at no charge).

IF YOU HAVE LESS THAN $250,000 OF SUM, GET MORE COVERAGE NOW EVEN IF IT MEANS CHANGING INSURANCE CARRIERS.

After more than 23 years of representing injured people, not once have I ever heard anyone regret that they have too much coverage, but I have witnessed first-hand the financial devastation that occurs when people do not have enough coverage.

Better safe than sorry……

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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