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

Every month should be National Bike Month.

Our stormy month of May forced many of us to leave the bicycles home too often during National Bike Month.  So I am suggesting we agree to make the month of June our unofficial National Bike Month.  Heck, with gas prices at an outrageous $4 per gallon, we might want to consider making EVERY month National Bike Month!

Summer is finally heating up and the storms have subsided (for now), AAA and the League of American Bicyclists are encouraging bicyclists and motorists to make safety a top priority.

While most adults ride bikes recreationally, an increasing number are riding their bike to work, to improve their health, save money and reduce their overall carbon footprint, according to AAA.

“Education – on both sides — is the key for all road users of all ages,” said AAA Traffic Safety Specialist Rhonda Markos. “Despite conventional wisdom, children are not the primary victims of bicycle crashes.”

Of the 630 bicyclist deaths in 2009, eight out of 10 were adults over 21, AAA said.

I was very surprised to see these statistics! I think most people assume that it is children who are killed but with more and more adults riding for fitness and commuting, more and more adults are exposed to the dangers presented by cars.

So the League of American Bicyclists and AAA have partnered on a campaign to encourage adult bicyclists to take five easy steps to safer riding:

Tips for adult bicyclists

1. Follow the Rules of the Road: Always ride with traffic, staying to the right except when it is unsafe to do so, obeying the same laws as motorists. Use hand and arm signals to indicate your intention to stop, merge or turn.
2. Be Visible: Ride where drivers can see you. Do not ride on the sidewalk. Wear brightly colored clothing at all times. At night, use a white front light and red rear light or reflector, and wear reflective clothing.
3. Be Predictable: Ride in a straight line and don’t swerve between parked cars. Make eye contact with motorists to let them know you are there.
4. Anticipate Conflicts: Always be aware of traffic around you and be prepared to take evasive action, exercising additional caution at intersections. Learn braking and turning techniques to avoid crashes.
5. Wear a Helmet: Helmets, when worn properly, are up to 85 percent effective in protecting the head and brain in the event of a crash. Should you crash, or have an impact that affects your helmet, replace it immediately. Fit matters: Wear your helmet level on your head, low on your forehead, with no more than two finger widths above your eyebrow.

Motorists, too, can make an effort to reduce bicyclist injuries and fatalities. AAA encourages motorists to take the following precautions when sharing the road with bicyclists:

Tips for motorists

• Stay alert, avoiding all distractions while driving.  This means no phones and definitely no texting while driving!
• Yield to bicyclists when turning.
• In bad weather, give bicyclists extra passing room.  NY law requires you to only pass bicycles when you can do so safely so don’t insist on passing a bike unless you have plenty of room to do so.
• Check mirrors and blind spots for bicyclists before entering or leaving a lane of traffic.
• Slow down and give at least 3 feet of clearance when passing.
• Reduce your speed when passing bicyclists, especially when the road is narrow.
• NEVER honk your horn at a bicyclist just to let them know you are there; it could cause them to swerve into traffic or off the roadway and crash. Save your horn for emergencies.
• Always check for bicyclists before opening your car door.

Let’s make EVERY month National Bike Month!

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

I recently received a note from one of the nicest lawyers I have ever met, Elizabeth Bixler, an estate planning lawyer from Ithaca.

On stationery decorated with rolling bikes and the motto “tempus fugit” (time flies!) Elizabeth shared information about an important bicycling event she’s participating in – the Southern Tier AIDS Project Ride For Life on Sept. 11. It’s a 90-mile ride around Cayuga Lake to raise money for STAP programs.

I want to encourage everyone who reads this to support this great cause, and I’m spreading the word about her commitment to ride.

Here’s what Elizabeth shared:

“It is hard for me to believe that I am getting ready for my sixth 90-mile ride around the lake to raise money to fight AIDS. Do I like getting strong every summer to do it? Yes. Do I love the camaraderie of riding endless training miles with friends? Yes. But the primary reason I ride is to support the work done by the Southern Tier AIDS Project.”

STAP works locally and internationally to prevent the spread of AIDS and to help those who already have it. STAP has helped many people in the Southern Tier, but the program has also collaborated with Kenyan not-for-profit group to combat the AIDS epidemic in Africa.

I hope you will join me in sponsoring Elizabeth’s 90-mile ride around Cayuga Lake on Sept. 11. Donations to STAP are tax-deductible, so what do you have to lose?

Make a check payable to STAP and you can send it directly to: Elizabeth Bixler, 15 Waterview Circle, Ithaca, New York, 14850.

Would you like to ride yourself?

There’s still time to get involved – and you don’t have to take on a 90-mile ride if you’re not ready. There is a volunteer application on the STAP website, and information about a short ride option – 42 miles from Stewart Park in Ithaca to the Seneca Falls Community Center. Visit AIDSRideForLife.org for details.

Thanks for reading, ride safely, and lend your support to Elizabeth’s commitment for STAP, a very important group.

- 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.

I came across this news item on The Chicago Bike Advocate blog and realized it’s the perfect follow-up to “NY Bike Accident Lawyer Angered by So-Called “Joke” “ my recent post about the patently UNFUNNY practice of joking about hitting bicyclists with cars.

I guess drivers won’t think it is so funny when they end up sitting in jail!

“Ten Days in Jail for Intentionally Striking a Bicyclist”

(Via The Chicago Bicycle Advocate by Brendan Kevenides )

“Yesterday, a Chicago man was sentenced to 10 days in jail, followed by probation, for intentionally striking an unlucky bicyclist with his car in Brookfield. The sentence was handed down by Cook County Judge Carol Kipperman. The driver and his buddy were intoxicated at the time of the incident and allegedly took turns behind the wheel hunting down cyclists. The other driver is scheduled to be in court Monday and is also charged with striking a bicyclist. Neither of the two bicyclists struck in the attacks on May 31, 2009 sustained life-threatening injuries. This story was reported by chicagobreakingnews.com.

This matter is hard to swallow. To say that this is a light sentence for what sounds like attempted murder is putting it mildly. I hope there is more to the story than is being reported. Otherwise, this is the sort of outcome that may chip away at the public’s faith in our courts.”

I wholeheartedly agree with Brendan’s sentiments about this case and applaud him for spreading the word about it. Jail time serves the jerk driver right. My only criticism is that the jail sentence should have been MUCH longer.

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.

As 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.