Everyone should speak out against new legislation in Washington that eliminates funding to protect bicyclists.

The League of American Bicyclists, a great organization in Washington, D.C., that advocates for bicyclists and walkers, is warning this week about a piece of legislation introduced in the House of Representatives that eliminates dedicated funding for bicyclists and walkers and, going even further, removes bicycling from the federal transportation program.

If approved, this legislation will GUT laws and programs protecting cyclists and reverse decades of progress. This is VERY BAD for bicylists!

The legislation, introduced by Congressman John Mica, R-Fla., is called the American Energy and Infrastructure Jobs Act, and you can read more about it here on the House Transportation and Infrastructure Committee website.

The League, on its blog, said the bill reverses 20 years of progress by:

• Destroying Transportation Enhancements by making it optional.
• Repealing the Safe Routes to School program, reversing years of progress in creating safe ways for kids to walk and ride bicycles to school.
• Allowing states to build bridges without safe access for pedestrians and bicycles.
• Eliminating bicycle and pedestrian coordinators in state DOTs.
• Eliminating language that ensures that rumble strips “do not adversely affect the safety or mobility of bicyclists, pedestrians or the disabled.”

The League adds the following comment: “It basically eliminates our status and standing in the planning and design of our transportation system — a massive step backwards for individuals, communities and our nation. It’s a step back to a 1950s highway- and auto-only program that makes no sense in the 21st century.”

Now is the time to get involved! On Thursday, two other House members will introduce amendments to restore dedicated funding for Transportation Enhancements and Safe Routes to School.

All Americans have a stake in this legislation. We all want safe paths, bike lanes, crosswalks, sidewalks and bikeways. Contact your local House member and urge that legislator to support the amendments!

Please act now!

Here are the top 10 reasons to oppose the legislation.

You can go here to find your local representative and send them an urgent message. I urge everyone in Elmira, Corning and the Twin Tiers to speak up today!

Thanks for reading!

Thanks, Jim.

_________________________________

James B. Reed

NY & PA Bicycle Accident Attorney

Ziff Law Firm, LLP

Mailto: jreed@zifflaw.com

Office: (607)733-8866

Toll-Free: 800-ZIFFLAW (943-3529)

Web: www.zifflaw.com

Michael Secrest was nearly killed after setting another world indoor cycling record.

Even a world record-setting cyclist isn’t immune from careless drivers … even when his bike is lit up by not one, not two, but three FLASHING lights!

This really brings home the fact that cyclists, even those who are VERY experienced and VERY well-equipped with safety equipment, are vulnerable to careless drivers. That’s why I spend so much time trying to teach motorists to be alert for cyclists and to give cyclists plenty of space when passing.

A little bit of caution and courtesy goes a long way.

MICHAEL SECREST BREAKS 100-MILE
TRACK RECORD – FINALLY!

As the saying goes, “If you fall off the horse, get back on it.” Or perhaps, “Where there’s a will, there’s a way.”

In legendary ultra cyclist Michael Secrest’s case, he had to get back on his 1996 GT track bike on nine different occasions, over the span of several years, before he finally broke the 100-mile indoor track cycling record. He did this at age 58! Bravo, Michael! Here’s a write-up about this incredible, multiple world record-breaking achievement from RoadBikeRider.com:

On his ninth attempt, 58-year-old Michael Secrest set a new indoor 100-mile world record on Oct. 15, 2011. Secrest covered the 100 miles (161 km) on the Home Depot Center Velodrome track in 3 hours, 46 minutes, 16 seconds – at 26.52 mph (42.68 kph).

After a clean drug test following the ride, Secrest’s record was officially certified by the Ultra Marathon Cycling Association (UMCA). His mark bested the previous record of 3:47:26 set in 1994 by Rod Evans.

As if Secrest’s time weren’t remarkable enough, he wrote us to share a couple of other amazing facts about this astounding record:

• It was set on a standard bike. But not just any bike. “I used the same frame that I used to set the outdoor 24-hour world record in LA, back in 1996,” he said. “Imagine that. In this day of high-tech advancements on even a greater turnover than annually, I set a WR on a 15-year-old frame! I guess this can make the case that it’s not the bike, it’s the engine!” He is the oldest athlete ever to set an overall (all ages) world record.
• He is the only athlete in history to set world records in four consecutive decades. “The fact of which I am most proud is that all were achieved without the use of performance-enhancing drugs. ([I was] drug tested after every WR). I hope that maybe some of your readers may find inspiration through this fact or because of my age as not being a barrier to either continue or start riding a bike!”

Well, fellow roadies, if you can’t find inspiration in a 58-year-old, drug-free cyclist setting an overall world record on a 15-year-old frame – you might not have a pulse!

Two more notes about Michael: He’s also the author of “The Guy on the Bike,” an autobiographical eBook that reveals details of his unmatched cycling successes and turns them into inspirational life lessons for cyclists and non-cyclists alike. He’s certainly got a new chapter to add to his book.

Finally, while he’s the rarest of cyclists in terms of his ability, he’s all too normal in terms of his facing danger every time he rides on the road. He concluded his message with a cautionary tale for all roadies:

“I forgot to mention that just four days after setting the 100-mile indoor WR, I was hit by a car making a left turn into me while I was riding through an intersection. It was early evening and I had two rear flashers and my front strobe fully functioning. The accident left me with a fractured collarbone and two fractured posterior ribs. I’m very lucky, as it could easily have been fatal. I expect a full recovery.”

To learn more about Michael, go here.

Thanks for reading!

Thanks, Jim.

_________________________________

James B. Reed

NY & PA Bicycle Accident Attorney

Ziff Law Firm, LLP

Mailto: jreed@zifflaw.com

Office: (607)733-8866

Toll-Free: 800-ZIFFLAW (943-3529)

Web: www.zifflaw.com

Bicycle commuting can be a HUGE money-saver!

So you’re sick of spending all your money on gas, car maintenance and parking?  And you wish you had a chance to burn a few more calories?  Perfect solution:  commute by bike to work!

Kiplinger has a calculator to show how much you could save each day by riding your bike to work.

As a test, I said my daily commute is 20 miles round trip. I said I don’t have any parking or toll expenses. They said I can save $8 a day– that’s a whopping $2,000 a year!   And the commuting calculator even tells you how they  calculated the amount they show.

Try it — you might be surprised what you find.

But before you decide to put a new bicycle for commuting to work on your Christmas wish list, remember this:

• Fall is here and winter is coming (sadly). Unpredictable weather. Wet leaves followed by snowy roads in Elmira, Corning and the Twin Tiers are a huge hazards for bicyclists. And we are seeing less daylight, so our safe riding hours are shrinking. Yes, you can get a light for your bike, but you will still be mostly invisible to drivers and you won’t be able to see the road hazards like potholes with just a bike light.
• Do you wear your work clothes, maybe a suit, on a bike commute, or carry your work clothes and change in the bathroom? It’s not a deal breaker, but consider that a complication each day. And if you arrive to work sweaty, can you take a shower?
• Do you have somewhere safe to store the bicycle at work? (And don’t say your office!)
• Know your commute path well. Are bicycles allowed on all the streets and roads? Will you feel safe riding with traffic if there are no shoulders or the shoulders are filled with glass and other debris? Know your road conditions very well. Again, DO YOUR HOMEWORK.
• Your best bet is to become a part-time bike commuter. Once you do your homework (yes, I said it again), pick a few sunny and warm days and try it. Don’t put your car up on blocks just yet! Realize that in the Twin Tiers, bicycle commuting will likely always be part time, thanks in part to our two seasons — road construction and winter!

As Kiplinger points out in another story, there are many benefits to bicycling to work. Among them: it’s a good workout, you’ll save money, it’s better for the economy and it cuts down on the parking hassle.

If you like the bike commute, Kiplinger suggests you buy:

• Lights for early-morning or nighttime riding. Get a white LED front light to attach to your handlebars so you’ll stay visible when approaching intersections, and buy a red, blinking light to attach to your seat post or clip onto your back so approaching drivers will see you from behind.
• A rack or panniers, either of which can attach to the back of your bike, to carry files, a change of clothes or other personal items. A small messenger bag or backpack might suffice but can strain your back. Most mountain bikes or hybrids easily accommodate a rack or panniers.
• Shoes with clips, which will give you more control and power during a rush-hour ride.
• A fender to keep water from splashing onto you from your rear tire.
• A cycling computer to track your speed and trip length.

Just remember: Do the math. Pick a go0d day and ride to work (once you do your homework and planning).

If you like it, and want to work bike commuting into your schedule, then by all means let Santa know what you want. Just be sure Santa knows you want to be SAFE!

If you are a bike commuter, please share your tips or favorite stories in our comments section!

Thanks for reading!

Thanks, Jim.

_________________________________

James B. Reed

NY & PA Bicycle Accident Attorney

Ziff Law Firm, LLP

Mailto: jreed@zifflaw.com

Office: (607)733-8866

Toll-Free: 800-ZIFFLAW (943-3529)

Web: www.zifflaw.com

Police are investigating why a driver left the scene of an accident with a bicyclist.

A VERY SAD UPDATE: The bicyclist struck early Sunday morning in a hit-and-run accident in Schuyler County has died, the county sheriff’s department said Friday.

Michael P. Zelzell, 35, of Beaver Dams, was riding his bike north on state Route 414 north of Watkins Glen at about 6:30 Sunday morning when police said a vehicle turning off the highway collided with him.

The driver, Melissa E. Smith, 36, of Watkins Glen, fled the scene but was later arrested and charged with Leaving the Scene of a Personal Injury Accident and Driving Without a License.

Police said Friday that the investigation continues and more charges are pending, according to the Star-Gazette.

Delzell died at Strong Memorial Hospital in Rochester. He was first hospitalized at Schuyler Hospital with head injuries, then transferred to Robert Packer Hospital in Sayre before being transferred to Strong Memorial, police said.

It will be interesting to see how the police investigation plays out. Sometimes there are contrived [that's a nice word for "BS"] explanations for why a driver leaves the scene of a collision, but many times I have seen cases where the hit-and-run driver had been drinking and bolts from the scene of the accident to avoid a potential drunk driving charge.

I sure don’t know whether that’s what occurred here, but I suspect that police are actively investigating the driver’s explanation for leaving the scene, and her whereabouts in the hours before and after the bike collision.

Regardless of why the driver left the scene, the cyclist’s family may have the basis for a wrongful death claim if the collision occurred because of the negligent driving by the motorist.

Once again, a thorough investigation by an experienced bicycle accident lawyer would be necessary to determine if there is a solid basis to bring a claim against the driver.

Our thoughts and prayers go out today to Mr. Delzell’s family.

Thanks, Jim

_________________________________

James B. Reed

NY & PA Bicycle Accident Attorney

Ziff Law Firm, LLP

Mailto: jreed@zifflaw.com

Office: (607)733-8866

Toll-Free: 800-ZIFFLAW (943-3529)

Web: www.zifflaw.com

Leaves raked to the side of roads pose a safety hazard to bicyclists.

Fall is always a challenging time of the year for bicyclists in Elmira, Corning and the Twin Tiers. It is rainy and windy, and we have to dress in layers because one moment it will be in the 50s and damp, and the next, the sun comes out and it warms right up.

Road conditions are an even larger concern. Leaves can mask other dangers on the road — debris that can shred tires, or nasty potholes that can send us crashing to the pavement. Wet leaves are a year-round hazard. Helmets, essential any time of year, are even more critical for all ages in the fall.

Now this week, bicyclists learned they will need to dodge more than the usual falling wet leaves and occasional leaf piles. According to a news report here, New York State has told landfill operators to no longer accept bagged yard waste. That means many more Elmira and other Chemung County residents will have to rake their leaves out to the street or road.

Now I know the public works people ask residents to rake their leaves to the curb,  not in the road. But since most residents don’t want the leaves blowing right back into their yards, they usually plop them in the gutter, off their property.

That’s where it causes major headaches and potential hazards for bicyclists. Beyond adding more wet leaves (and probably grass and other yard waste) to our streets and roads, it gives us another hazard to steer around! And the change in policy guarantees there will be many more piles forcing cyclists further out into the travel lanes.

Many times, the leaf piles are bigger than parked cars, so we are forced to veer into traffic more — something most motorists aren’t patient with. Often, they can’t see the leaf pile that we see! Besides, they will drive through a leaf pile rather than veer around it. That’s not an option for us.

So, my fellow bicyclists, do you have any suggestions to share that will make riding this season safer? Some bike groups have advocated for abolishing leaf pickup programs? What do you think?

Thanks for reading, and remember to ride safe this season!

Thanks, Jim

_________________________________

James B. Reed

NY & PA Bicycle Accident Attorney

Ziff Law Firm, LLP

Mailto: jreed@zifflaw.com

Office: (607)733-8866

Toll-Free: 800-ZIFFLAW (943-3529)

Web: www.zifflaw.com

The tragic death of a bicyclist in Seattle reminds us of the dangers all riders face in America.

The Tucson Bike Lawyer posted this great article from The Economist on the tragic death of a 44-year-old bicyclist — and father of two –  in Seattle.

This is important reading for all drivers in Elmira, Corning and the Twin Tiers!

With a very few exceptions, America is no place for cyclists…..

DYING while cycling is three to five times more likely in America than in Denmark, Germany or the Netherlands.

To understand why, consider the death of Michael Wang. He was pedalling home from work in Seattle on a sunny weekday afternoon in late July when, witnesses say, a brown SUV made a left turn, crunched into Wang and sped away.

The road where the 44-year-old father of two was hit is the busiest cycling corridor in Seattle, and it has clearly marked bicycle lanes.

But the lanes are protected from motor vehicles by a line of white paint — a largely metaphorical barrier that many drivers ignore and police do not vigorously enforce. A few feet from the cycling lane traffic moves at speeds of between 30 miles per hour, the speed limit for arterials in Seattle, and 40 miles per hour, the speed at which many cars actually travel. This kind of speed kills.

A pedestrian hit by a car moving at 30 mph has a 45 percent chance of dying; at 40 mph, the chance of death is 85 percent, according to Britain’s Department of Transport.

Had Mr Wang been commuting on a busy bike route in Amsterdam, Copenhagen or Berlin, his unprotected exposure to instruments of death — namely, any vehicle moving at 20 mph or more — would be nearly nil. These cities have knitted together networks for everyday travel by bike. To start with, motor vehicles allowed near cyclists are subject to “traffic calming.” They must slow down to about 19 mph, a speed that, in case of collision, kills fewer than 5 percent. Police strictly enforce these speed limits with hefty fines. Repeat offenders lose their licences.

Calmer traffic is just the beginning. In much of northern Europe, cyclists commute on lanes that are protected from cars by concrete buffers, rows of trees or parked cars.

At busy crossroads, bicycle-activated traffic lights let cyclists cross first. Traffic laws discriminate in favor of people on bikes. A few American cities have taken European-style steps to make streets safer for cycling, most notably Portland, Ore., which has used most of the above ideas. The result: more bikes and fewer deaths.

Nearly 6 percent of commuters bike to work in Portland, the highest proportion in America. But in five out of the past 10 years, there have been no cycling deaths there.

In the nearby Seattle area, where cycling is popular but traffic calming is not, three cyclists have been killed in the past few weeks.

The most interesting take-away for me was the risk of death based upon vehicle speed:

Under 20 mph = 5% chance of death.

30 mph = 45% chance of death.

40 mph = 85% chance of death.

Speed truly kills! And that’s another GREAT reason why motorists should slow down whenever they see a cyclist!

Thanks for reading and remember to ride safely!

Thanks, Jim

_________________________________

James B. Reed

NY & PA Bicycle Accident Attorney

Ziff Law Firm, LLP

Mailto: jreed@zifflaw.com

Office: (607)733-8866

Toll-Free: 800-ZIFFLAW (943-3529)

Web: www.zifflaw.com

Be sure to do your homework after being injured in a bicycle accident.

I recently received an email from a person who was involved in a serious bicycle accident. His frame snapped in half and he suffered some severe injuries – he needed stitches in his forehead and an elbow and is waiting to see a specialist about a knee injury. He is walking with one or two canes as he awaits his appointment to see an orthopedist.

Because the frame snapped at a weld, the man blamed the manufacturer, believing that the frame’s limited thickness led to the failure of the frame.

I told the injured man that in a product liability lawsuit, WE would have the burden of PROVING that the bike accident was caused by a defect in the bicycle. That would involve bringing in experts, and it is often expensive to retain one or more. Because of the cost, it only makes sense to pursue cases where there is a reasonable prospect of a substantial jury verdict.

I continued, to quote from my email:

Accordingly, I must be very careful to only accept those cases where my potential client has suffered severe, permanently disabling injuries. As a practical matter, this means I must sadly decline those cases where the cyclist has suffered less severe injuries that are likely to completely resolve in a matter of weeks or months.

Very often, we need to wait to see how a client’s injuries are going to resolve before making any final decision to accept or decline a case. It is always our hope that an injured person will quickly recover, as I would much rather have someone have a good, healthy body than a good lawsuit.

Based upon your injuries as described in your email, it is simply too early to tell if your injuries will be severe enough to justify the considerable costs of a product liability action.

Although I certainly don’t mean to minimize the injuries you suffered, it sounds like they may successfully resolve without permanent limitations – at least that is my sincere hope for you.

But after more than 25 years representing the injured, I have learned that none of us has a crystal ball to accurately predict the future so I think it is important that we take the steps necessary to preserve important evidence in your case in the event that it DOES turn out that your injuries are severe enough to warrant pursing a product liability lawsuit.

To that end, I offer the following recommendations (and this is for ALL INJURED BICYCLISTS):

• PRESERVE THE BIKE IN ITS CURRENT CONDITION:  Under no circumstances should you repair, modify or otherwise alter the bike. Failure to preserve the bike and its components exactly as they were at the time of your accident could be fatal to your ability to pursue any sort of claim.
• DO NOT SEND THE BIKE BACK TO THE MANUFACTURER: Sad to say, the manufacturer is generally very eager to get a defective bike back into its control and out of your hands. Very often they do this under the guise of “warranty inspection,” but regardless of what they call it, if you have any thought of pursuing a product liability lawsuit, do NOT give up possession of the bike. If the manufacturer wants to inspect the bike, let them come to your house to do it and make sure that any inspection involves absolutely no alteration of the bike.
• TAKE YOUR OWN PHOTOS OF THE BIKE: Like they say, a picture is worth a thousand words, so take LOTS of good, digital photos of the bike and its components. If necessary, borrow a decent digital camera but make sure you have good, focused photos (both close-up and farther away) of the bike and any defective components.
• TAKE PHOTOS OF THE SCENE OF YOUR BIKE CRASH: Again, these photos can be very useful so make sure to take lots of good photos (both close-ups and farther away) of the accident scene. If there is physical evidence at the scene (i.e., a skid mark, gouges in the pavement, broken reflectors, etc.), get good photos. If possible to do so safely, include a ruler or yardstick showing the actual dimensions of any physical evidence.
• TAKE PHOTOS OF YOUR INJURIES: It is important to document as comprehensively as possible,ALLof your injuries. So take photos ofALLinjuries – bruises, scrapes, road rash, stitches, casts, etc.  Also, take continuing photos as your injuries progress. And record the date that all photos were taken so you will be capable of accurately describing the date each photo was taken.
• MAKE SURE TO KEEP ALL PAPERWORK: Get together a folder of all paperwork regarding your bike: the sales invoice, and any correspondence with the manufacturer or their insurance carrier.
• MAKE SURE TO KEEP A LOG/DIARY OF ALL MEDICAL TREATMENT: Keep a folder/notebook where you can easily track all medical treatment.

I hope this background information and recommendations assist you while you wait to see if your injuries successfully resolve or not.  My own rule of thumb is that I want to make sure someone is symptom-free for at least 3-4 months before making a decision as to how to proceed.

If you are still suffering symptoms after 3-4 months, you should have a consultation with an experienced bicycle accident lawyer. I offer such consultations for free and do them in person, over the phone, via Skype or by email depending on what is most convenient to the client.

If all is well for 3-4 months, then I feel comfortable saying to go ahead and see if things can be worked out amicably with the manufacturer on your own. Sometimes that involves a new bike, payment of the medical bills and lost wages, and occasionally some compensation for your pain and suffering. The manufacturer will usually require you to sign a Release, which is a document that basically says you are giving up any and all claims you may have against the manufacturer in exchange for the money they are paying you. NEVER sign a Release unless you are absolutely, positively sure that you are satisfied with the settlement offer because once you sign that Release, you are done FOREVER. If in doubt, do NOT sign ….

That was my counsel to the bicyclist. I hope you never suffer an injury while riding, but if you do, keep my advice in mind!

Thanks for reading and remember to ride safely!

Thanks, Jim

_________________________________

James B. Reed

NY & PA Bicycle Accident Attorney

Ziff Law Firm, LLP

Mailto: jreed@zifflaw.com

Office: (607)733-8866

Toll-Free: 800-ZIFFLAW (943-3529)

Web: www.zifflaw.com

New York Times Senior Writer John Markoff.

I had a great chat recently with New York Times Senior Writer John Markoff about my experience representing cyclists injured while riding GPS-equipped bikes. On three separate occasions in the last two years, I have been able to use GPS data to enhance cases for injured cyclists.

In Markoff’s article, “Bike Crash Wiped Details; GPS Data Filled Them In,” he writes about a July cycling accident he had in California that left him with serious injuries but few memories of what happened.

He’s recovered, and thanks to his “black box” on his handlebars — a Garmin cyclometer — he was able to piece together a likely scenario of what caused him to crash. He could see that his speed decreased from 30 mph to 10 mph and then zero just seconds before the crash. Using GPS data and Google Maps, he was able to pinpoint the scene of the crash.

He returned to the scene and found a long, thin, deep pothole that likely knocked him from his bicycle.  I call these types of potholes “tire grabbers” because of the very nasty way in which they can literally grab your front wheel causing it to immediately stop and causing you to fly over the handlebars in a very dangerous way.

My comments appear midway through the story:

Lawyers who specialize in bicycle accidents say GPS data can be used by both sides.

“It’s a double-edged sword,” said James B. Reed of the Ziff Law Firm in Elmira, N.Y., who often represents cyclists involved in collisions with cars. He noted that GPS technology was altering the way both car and bicycle accident claims are settled.

“It’s important for people who are representing the injured people or the insurance companies to know how to obtain and analyze the data,” he said. “Frankly, it’s probably going to be a booming new industry for experts.”

GPS data provides a precise, objective measure of the cyclist’s speed at the exact time of impact, which is often very helpful in defusing the common “the bicyclist was going like a bat-out-of-hell” defense.

It sure is fun to have a motorist swear under oath that the cyclist was going “at least 30 mph” and then pull out the GPS data that proves the cyclist was only going 14 mph!

Although I hope and pray none of you in Elmira, Corning, Ithaca or across the Twin Tiers ever needs GPS data for this purpose … but if you ever have the misfortune to be in a bicycle accident … please be sure to preserve the GPS data and be sure to speak with an experienced bicycle accident attorney immediately.  Failure to properly preserve the GPS data or other important physical evidence could easily kill an otherwise good bike accident case.

Thanks for reading, Jim

_________________________________

James B. Reed

NY & PA Bicycle Accident Attorney

Ziff Law Firm, LLP

Mailto: jreed@zifflaw.com

Office: (607)733-8866

Toll-Free: 800-ZIFFLAW (943-3529)

Web: www.zifflaw.com

Bicyclists should know that lawyers play an important role in protecting them in case of an accident.

I am an avid cyclist and bike accident lawyer, and I recently discovered an important blog entry posted by a bicycle accident lawyer in South Carolina.

It’s a “must-read” for ALL cyclists in Elmira, Corning and the Twin Tiers!

South Carolina bike accident lawyer, Peter Wilborn of Bikelaw Blog posted “7 Things You Should Know About A Cycling Lawyer” by Fred Sexton. I cannot thank Mr. Sexton enough for making these very good points about why cycling lawyers are so important for ALL cyclists.

Most of us who handle these cases devote countless volunteer hours supporting bicycle advocacy issues in our community. I long for the day when it will be safe for cyclists to simply ride their bikes. But until that day comes, you can be sure that bicycling lawyers will continue to fight the good fight.

Here is the complete post:

As a cyclist, you are part of a greater community of people who have a similar set of interests and values. You should know that as a member of that community, you have rights and resources that are meant to help and protect you while you are riding. In the case of an accident, here are some things you should know about cycling and the law, and the attorneys who relentlessly work to protect cyclists.

1. First and foremost, cycling attorneys are advocates for ALL cyclists. That means: commuters, racers, beginners, and advanced riders. If you ride a bicycle for any reason, for pleasure, for transportation, for sport, you should know these attorneys are looking out for your best interests.

2. Cycling lawyers will always recommend getting more UM/UIM (Uninsured/Underinsured Motorist Insurance). Every cyclist should increase his or her UM/UIM coverage so if an uninsured or underinsured motorist hits you on your bike you are covered. (Talk to your cycling attorney about the laws that apply in each state!)  Note: in NY, this coverage is often referred to as SUM (Supplementary Uninsured Motorist coverage).  Same coverage, just a different name.

3. Cycling lawyers are here to protect you on the road. By going after the texting teenagers or the speeding sports car driver who hits you, you are sending a message to other drivers and also insurance companies. You are saying we aren’t going to take it anymore! Drivers and cyclists need to be mindful, drive carefully, and share the road. We both pay for it with tax dollars and we both need to obey the rules established on the road.

4. Lawyers that specialize in representing cyclists are probably cyclists too — and probably really nice! They understand the joys of cycling and the dangers as well. If you ride a lot, it is probably not a bad idea to get to know one. You may even be lucky and find one to ride with!

5. Did you know you may have rights against a homeowner whose dog bites you or knocks you off your bike? I’m not suggesting you ride around with kibbles and bits in your jersey. (Certainly avoid attracting attention of our four-legged friends when cycling if possible.) But I’ve heard of a number of people getting bitten or crashing to avoid getting bitten. Then, all too often, they get bitten without any recourse to the dog’s homeowner. You do have rights!

6. You should know that N.C. is one of only four states that follows the principle of contributory negligence. Meaning, if you are even just 1 percent at fault in an accident, (yeah, I know) then the driver’s insurance will try to avoid responsibility for your damages. But even if you think this could be your situation, if you are in N.C. (or any state) and get hit by a motorist, talk with a cycling attorney to see what your options might be.

Please note: The sixth point is NOT correct for bike accident cases in NY and PA, where our law is actually more favorable than the N.C. law he is talking about. In NY and PA, we have what is called pure comparative negligence (rather than the contributory negligence they have in NC). 

Under pure comparative negligence, a defendant motorist is required to pay in direct proportion to the extent they are found to be at fault. For instance, if the motorist is found to be 100 percent at fault, he pays 100 percent of the verdict. If he is 50 percent at fault, he pays 50 percent of the verdict. If he is found to be 10 percent at fault, he pays 10 percent of the verdict.

7. Writing down license plate numbers for drive-by swooshes can be helpful in identifying aggressive drivers. (Always carry at least a marker with you while cycling.) As a community of cyclists, we are able to better police the streets if someone does plow you over when you are on your bike. If this driver has been reported before for erratic driving around cyclists, it makes the case much easier for you and your cyclist attorney. (There is a guy that rides aroundCharlottewith a video camera mounted on his bike at all times for this reason. Someone is in jail because of his video evidence. Without it, the defendant most likely would have gotten away.) If you are interested in installing a bike camera I recommend you look at getting a cycling camera mount to use with your existing video camera (like a flip) or get a whole new cycling camera system. 

Cycling attorneys can be an enormous benefit to you as a rider and you should be aware that you have that resource at your disposal should you need it. Not only are these great lawyers required when an accident happens, they continue to advocate for cyclists and their rights when it comes to the road.

Please remember to ride safely!

Thanks for reading, Jim

_________________________________

James B. Reed

NY & PA Bicycle Accident Attorney

Ziff Law Firm, LLP

Mailto: jreed@zifflaw.com

Office: (607)733-8866

Toll-Free: 800-ZIFFLAW (943-3529)

Web: www.zifflaw.com

All bicycle riders should read a blog post written by a Washington, D.C., police officer who was struck by a car while riding off-duty.

Elmira long-distance cyclist Bill Fischer brought my attention to a great post by a Washington, D.C., cyclist (and Police Officer!) who vividly describes her personal experience with being intentionally bumped by a car and then dealing with the frustrations of pursuing the criminal prosecution of the dangerous driver.

The post is very interesting reading and instructive to all cyclists, so I strongly urge my readers to read the post before reading any further.

Once you have read the post, consider my comments below:

YOU NEED TO IDENTIFY BOTH THE CAR AND THE DRIVER

I loved this quote:  “It’s great that you memorized the license plate number - but we don’t arrest cars, we arrest drivers.”

Cyclists often forget that not only is it important that they try to get the license plate and other identifying information regarding the car (i.e., color, make, model), but they also need to try to get a description of the driver– male or female, race, hair color, etc.

YOU NEED TO BE WILLING TO ASSIST THE POLICE

Another good quote:  “I would need to go there to see if I could positively identify the vehicle and driver.”

JUST BECAUSE YOU WEREN’T IN A BIKE LANE DOES NOT MEAN YOU ARE AT FAULT

And a final quote:  “No, there was no ‘bike lane’ – not that it mattered at al ….”    Many people, including cyclists and even the police, mistakenly assume that somehow they are at fault if they get injured while riding in any area that is not a designated bike lane.  Although I have written several posts about this before, let me be absolutely clear:

IN N.Y., CYCLISTS ARE NOT REQUIRED TO RIDE IN BIKE LANES.  CYCLISTS HAVE THE SAME RIGHTS TO USE THE ROADS AS CARS.

‘Nuff said.  Ride safely.

Thanks, Jim

_________________________________

James B. Reed

NY & PA Bicycle Accident Attorney

Ziff Law Firm, LLP

Mailto: jreed@zifflaw.com

Office: (607)733-8866

Toll-Free: 800-ZIFFLAW (943-3529)

Web: www.zifflaw.com