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 RidersNo Comments

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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NY Bicycle Accident Lawyer Outraged by Dangerous Facebook FanPage‏

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

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

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

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

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

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

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

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

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

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

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

Thanks for reading and RIDE SAFELY,

Jim
_______________________________________
James B. Reed, Esq.
NY & PA Bicycle Accident Lawyer
Ziff Law Firm, LLP
303 William St., Elmira, NY 14901
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: jreed@zifflaw.com
Web: www.zifflaw.com

Please visit the New York Injury Law Blog at www.NYInjuryLawBlog.com
E-mail me at FreeReports@zifflaw.com for two free books:
NY Car Accidents and NY Car Insurance Secrets YOU Need to Know.


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Injured Ithaca Cyclist Moves Forward in Long Recovery

Bicycle Accidents, Risks for Bicycle RidersNo Comments

Greg-LoureyThe Ithaca Journal recently ran a story, “Friends step in to help injured Ithaca cyclist” about Greg Lourey, a client of mine who was involved in a VERY serious bicycle accident in August.

Greg’s injuries were extensive. As the newspaper reports, he had a fractured pelvis, kneecap, thumb and vertebrae, a concussion, wrist ligaments tears and lacerations. He had to be airlifted to Robert Packer Hospital in Sayre – a $12,000 trip his health insurance is balking at covering.

Greg, who is a great, caring person with a large community of friends, has been through a horrible experience. He was a maintenance mechanic at the Ithaca City School district. The accident happened when he was on his regular morning bike commute to work.

The Journal ran a follow-up story because Greg’s friends recently hosted a benefit for him, to help complete home renovations he has been unable to finish since his accident. (Although the benefit was Jan. 9, the website Gregsbenefit.com is still up. It has information about making donations to Greg and his wife Mary Ellen through their church, the Oasis Christian Fellowship in Ithaca.)

Greg is my client, as I mentioned, and the Journal called me for comment. I told them: “People aren’t really looking for bikes, and the biggest thing that I would like to come out of Greg’s story is that motorists need to be aware that there are more cyclists, and they need to be aware of objects smaller than cars.”

I continued with: “In Ithaca there are a lot of commuter cyclists, and the community is somewhat nervous about the day-to-day safety of riding a bike to work.”

Despite his awful experience, Greg is a brave guy who says he will commute to work on a bike once again some day.

“I’m coming along good and I’m ready to come back,” Greg told the Ithaca Journal. “I just hope people will pay more attention to us bicyclists.”

That’s why I write the NY Bike Accident Blog and advocate for clients such as Greg. I’m an avid bicyclist myself. I believe we need to keep discussing the dangers bicyclists face. And I hope we can find more ways to make bike commuting MUCH safer.

Thanks for reading and RIDE SAFELY,

Jim

P.S.: See my related post about Greg’s accident on my NY Injury Law Blog: Ithaca Car-Bike Collision Puts Bicyclist in Hospital.

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

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

Image via Wikipedia

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

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

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

MAKE YOURSELF VISIBLE!

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

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

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

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

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

Bicycle Collisions, Bicycle Safety, Risks for Bicycle RidersNo Comments

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

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

Bob correctly observes:

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

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

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

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

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

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

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

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

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

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

Thanks for reading and RIDE SAFELY,

Jim
_______________________________________

James B. Reed, Esq.
NY & PA Bicycle Accident Lawyer
Ziff Law Firm, LLP
303 William St., Elmira, NY 14901
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: jreed@zifflaw.com
Web: www.zifflaw.com

Please visit the New York Injury Law Blog at www.NYInjuryLawBlog.com

E-mail me at FreeReports@zifflaw.com for two free books:
NY Car Accidents and NY Car Insurance Secrets YOU Need to Know.

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