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

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

Make a difference in a child's life this holiday season by donating a bicycle.

Let’s face it. Regardless of how old we are, we’d all like to find a new bicycle under the Christmas tree. Or at least next to it.

We all remember the Christmas when we received our first bike. Now many of us have had the chance to watch our children or grandchildren enjoy the same thrill.

Not much has changed for children when it comes to new bikes.

Eventually, though, new bikes become old bikes, and old bikes end up in the back of the garage, gathering dust, or on the curb with a “FREE” sign.

Remember other families in need this holiday season when you plan to dispose of your old bike.

The Southern Tier Bicycle League, a group of riders who promote riding year-round, is looking for bikes that your children have outgrown or stopped using. The donated bikes will be refurbished and given to children who will really love them!

Click here to read more about the League’s Bike Renewal Program.

Or to learn more, call or write Bill Fischer at 607-731-2737 or bfischerny@gmail.com, or Jack Chaney at 607-483-4418 or jackchaney@alum.mit.edu.

For riders from Elmira and Corning, Waverly and Sayre, and Wellsboro and Mansfield, now is the time to become a member of the Southern Tier Bicycle League.

You can become a member for $10 in annual dues, or qualify by volunteering four hours of your time at STBL events.

Your membership will introduce you to bicycling events in the area and benefit various charities.

And it will help make old bikes new again and put them in the hands of people of all ages who will love them.

In the spirit of the holiday season, isn’t that enough reason to join right now?

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

The Friends Bike Clinic is Sunday in Ithaca.

What better way to spend a beautiful fall afternoon than with other bicyclists!

Here is an event that will be informative AND fun for the whole family. It’s worth the drive to Tompkins County!

The Religious Society of Friends (Quakers) will hold a Free Bicycle Clinic from 1 t0 3 p.m. Sunday at the Quaker Meetinghouse at Third and Madison Avenues in Ithaca.

The clinic is open to everyone and is totally free.

There will be a 15-minute presentation on basic bike repair at 1 p.m., then members and visitors will fix their bicycles!  Larry Clarkberg is the moving force behind the Clinic and he’s a guy who is devoted to the cause of getting more people out on bikes for both recreational and commuting purposes.

Bikes of all sizes will be welcome Sunday!

If you’re planning to go, check out the Friends’ website and RSVP so they know how many people are coming. They want to be sure they have enough tools on hand for everyone!

The weather looks good on Sunday. Why waste the day raking leaves or watching football when it’s a great time for bicycling!

They plan to hold these bike clinics on the fourth Sunday of each month, so keep an eye on the website for future clinics if you can’t make this one!

Also while you’re there, check out their new bicycling forum.

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

A Parkinson's disease researcher made a remarkable discovery after a ride on a tandem bicycle with a patient.

One of my Oregon bicycling buddies forwarded me a link to this interesting article in The New York Times about preliminary research that suggests that tandem bicycle riding could be one of the exercises that minimizes the devastating symptoms of Parkinson’s disease.

Dr. Jay L. Alberts, a Parkinson’s disease researcher at Emory University in Atlanta, participated in a bike tour across Iowa with a patient to raise awareness about the disease, according to the Times.

After the first day of riding, though, something unexpected happened. One of the patient’s symptoms, handwriting that could become unreadable, improved dramatically.

After that, Dr. Alberts started a series of experiments with patients on tandem bicycles. The early results focus on whether exercise can help combat the disease and also — more importantly — whether intense, forced workouts affect brains differently than slower, easier workouts.

Studies have shown that forced exercise is typically more beneficial for the brains of animals. Continuing research is analyzing how forced exercise, rather than voluntary exercise, may have a beneficial impact on the physical and mental health of people.

After eight weeks of hourlong sessions of forced riding, most of the patients in Dr. Alberts’ study showed significant lessening of tremors and better body control, improvements that continued for up to four weeks after they stopped riding, according to the Times.

The tool of choice for these experiments is a tandem bicycle, which is also my tool of choice for a great deal of my own cycling.  My patient (and strong!) wife can readily attest to the fact that our tandem riding often turns into forced exercise when one of us prefers to ride easier or shorter while the other prefers to go longer or harder — now I can tell her that this forced exercise is GOOD for us!  :-)

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

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

Smart gas station owners in the U.S. should consider offering Bicycle Care Stations. (Courtesy of copenhagenize.com)

I love this idea! Some gas stations in Copenhagen actually cater to cyclists by offering them a place to fix their bikes and pump up their tires.

Norway’s Statoil, a major oil company in Scandinavia with gas stations in Denmark, has earned the respect of bicyclists worldwide for welcoming bicyclists. Statoil, according to copenhagenize.com, has installed Bicycle Care Stations. In the photo at right is a station in Copenhagen, the City of Cyclists!

Statoil has created a special place for bicyclists to fix, tune-up or pump their bicycles. The sign reads:

“Dear Cyclist,
You can care for your bicycle here. You can pump and wash your bicycle and, inside the shop, you’re welcome to borrow a free bicycle care kit with oil, tire levers, allen keys, etc. 
Enjoy.
Statoil”

In the center of the bike diagram is a rack that folds down so you can hang your bicycle up for repairs, cleaning or whatever. There is an air hose on the right and paper towels and plastic gloves on the left.

As the writer says on the website: “A modest investment, and in a flash, this station is bicycle friendly.”

Another blogger, at treehugger.com, cheers the move by Statoil and makes a great point: “It’s not as important as primary infrastructure like safe bike lanes and bike storage, but support infrastructure like this helps, if only to increase the visibility of biking as a legitimate way to get around.”

What a great, cheap idea that U.S. gas stations could easily embrace to differentiate themselves from every other gas station.

And it would make great business sense, because even though a bicyclist might not be buying gas while out riding their bike, they need a different kind of “fuel” and that is the food and drinks cyclists consume in huge quantities!

Not to mention, most cyclists also drive, and given the fact that cyclists tend to be loyal customers to those rare businesses that actually support their cycling, I suspect cyclists would flock to bike-friendly gas stations to fuel their thirsty cars.

Sure seems like a Win/Win for both the gas station and the cycling community! I hope we’ll soon see some in Elmira, Corning and across the Twin Tiers!

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

A new YouTube video makes a funny but smart point about bike lane safety,

I am a bike rider. I am a lawyer. I encourage EVERYONE, bike riders AND motorists, to obey the law.

But as a bike rider who knows NY and PA bicycling laws, I can tell you that there are MANY laws on the books that make absolutely no sense.

And I can also tell you that there are many people, including some police officers and judges, who simply do NOT know the law as it applies to NY bicyclists.

I know from painful personal experience how frustrating it is for cyclists to encounter motorists or police who mistakenly tell them they are “breaking the law” when in fact they are not.

The video below is awesome because it portrays in a VERY comical fashion what happens when you strictly comply with what a police officer has told you is the law. Sometimes humor is the best revenge.

Here is what happened, according to The Associated Press: filmmaker Casey Niestat was issued a $50 ticket for not riding his bicycle in a Manhattan bicycle lane. Niestat told the officer he was riding on Second Avenue to avoid potential hazards in the bicycle lane.

In a video posted online this week, Niestat plows his  bike into various obstacles in bike lanes, including barrels, delivery trucks and even a police car. He told the AP that none of the obstacles were placed there for the video.

The AP noted that bicyclists must stay in the bike lanes, when they are available, except when conditions are not safe! And tickets are at the discretion of all officers!

P.S.:  The lawyer in me feels compelled to note that I do NOT endorse riding without a helmet (EVER!) and I sure as heck don’t recommend intentionally crashing your bike into anything but the biker in me sure did find this funny….. 

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