The suggestion was that drafting violates NY Vehicle & Traffic Law §1129 regarding “Following Too Closely”.

Below I pasted the full background of the question and the full text of the law but let me take a stab at answering the question.

My answer is “Technically, yes, it is arguable that drafting DOES violate NY law if doing so results in a collision”.

Sounds like a lawyer answer, eh?  Well, I follow the logic of Andrejs Ozolins from FLCC, a non-lawyer, but very smart and thoughtful guy who I think logically answered the question when he said that he felt that drafting constituted the ticketable offense of Following Too Closely:

“Seems fair enough — applying the same criteria as for motor vehicles.  Cars can draft and ride in tight bunches in the special circumstances of racing, but not when being used as transportation vehicles on public roads. In general, I’m glad for any instance where people (especially the police) treat bicycles as equal, legitimate users of the roads.”

And that’s the rub (or not, depending on your perspective)—under NY law, with limited exceptions, bicycles are treated like any other vehicle which means that they enjoy the privilege of being able to use the road like any other vehicle BUT it also means bicycles must obey the NY Vehicle and Traffic laws.  It is the old adage of “with the privilege comes the responsibility”.

So, from my perspective, a few points emerge:

• The language of the law is important:  “The driver of a motor vehicle shall not  follow another vehicle more closely than is reasonable and prudent having due regard for the speed of such vehicles and  the  traffic  upon and the condition of the highway”.
• So, you can draft legally so long as you do so in a “reasonable and prudent” manner. That means good riding skills which means you are legally required to adjust your speed, spacing and position behind the bike you are following to take in to consideration the road conditions you are encountering.
• But you would be violating the law if you failed to ride in a “reasonable and prudent” manner by overlapping wheels, failing to allow enough distance between you and the rider you were following,  or when failing to reduce your speed when conditions required.

Thanks for reading and be sure to let me know your thoughts on this issue in the Comments below,

Jim

_________________________________

James B. Reed

NY & PA Bike Accident Lawyer

Ziff Law Firm, LLP

Mailto: jreed@zifflaw.com

Office: (607)733-8866

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

Web: www.zifflaw.com

Blogs: NYInjuryLawBlog.com and

NYBikeAccidentBlog.com

ORIGINAL QUESTION WITH BACKGROUND INFORMATION

As I was pursuing my other hobby this morning (volunteer EMS) I was called to a cycling accident where a rider had touched wheels with another rider (as a consequence of drafting) and subsequently crashed.

As I was helping out in the back of the ambulance, the deputy came over to talk to the injured rider to inform him that since (my paraphrasing, here)

1) NYS law requires bicycles to conform to NYS V&T law unless otherwise stated in the regs, and

2) Following too closely is a V&T infraction, then it follows that

3) drafting a bicycle constitutes following too closely and is a ticketable offense.

He did not actually write the guy a ticket but it was more issued as a verbal warning, since the deptuty felt that by drafting, the rider was doing something dangerous.

Aside from being in rather poor taste, as I thought it over, I could not find a flaw in the deputy’s logic.

Kind of disappointing to think that drafting (and by extension, all pack riding maybe?) is technically illegal.

Are there other implications for this?  Could it affect someone’s health insurance coverage  if they revealed that they were injured while they were violating V&T law on a bicycle?

Seems a bit extreme, surely there is another take on this.

Can I get yours?

VEHICLE AND TRAFFIC LAW §1129—FOLLOWING TOO CLOSELY

§ 1129. Following too closely. (a) The driver of a motor vehicle shall

not  follow another vehicle more closely than is reasonable and prudent,

having due regard for the speed of such vehicles and  the  traffic  upon

and the condition of the highway.

(b)  The  driver  of  any motor truck or motor vehicle drawing another

vehicle when traveling upon a roadway outside of a business or residence

district and which is following another motor  truck  or  motor  vehicle

drawing   another  vehicle  shall,  whenever  conditions  permit,  leave

sufficient space so that an overtaking vehicle may enter and occupy such

space without danger, except that this shall not prevent a  motor  truck

or motor vehicle drawing another vehicle from overtaking and passing any

like vehicle or other vehicle.

(c) Motor vehicles being driven upon any roadway outside of a business

or  residence  district  in a caravan or motorcade whether or not towing

other vehicles shall be so operated as to allow sufficient space between

each such vehicle or combination of vehicles so as to enable  any  other

vehicle  to  enter  and occupy such space without danger. This provision

shall not apply to funeral processions.

However, before talking about the specific resources, I thought it would be useful to emphasize one important point I have made about the laws that pertain to bicycles in BOTH New York & Pennsylvania:

BICYCLES HAVE A LEGAL RIGHT TO BE ON THE ROAD AND ARE SUBJECT TO THE SAME RULES THAT ARE APPLICABLE TO OTHER VEHICLES USING THE ROADS!

This is a critically important point because it is important that cyclists, politicians and motorists, all understand that our roads are to be shared!  That means motorists need to be respectful of cyclists AND cyclists need to be respectful of motorists.

OK, let’s talk about those Pennsylvania resources that may be important in assessing PA bicycle laws and Pennsylvania bike accident cases.

A great starting point for PA bike laws is the PA Department of Transportation (PENNDOT) BikeSafe website. I have pasted the page pertaining to PA bike laws below for your convenience. You can quickly review the applicable laws.

Another good resource is the PA Bicycle Driver’s Manual where there are discussions of driving and bicycles. You can download a copy of the PA Bicycle Driver’s Manual here. There are many helpful illustrations in the PA Driver’s Manual like the one I posted with this blog entry.

Thanks for reading, and be sure to check out the important information after my sign-off here,

Jim

PS:  What is up with Pennsylvania referring to bicycles as “pedalcycyles”?  Talk about antiquated…… 

_______________________________________

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.

PENNSYLVANIA BICYCLE LAWS

Title 75 of the Pennsylvania Consolidated Statutes contains the laws which govern the operation of vehicles on Pennsylvania roads.

In Pennsylvania, a bicycle is considered a vehicle and, as such, is governed by a general set of rules (common to all vehicles) and a specific set of rules (designed for bicycles). The following annotated list provides all of the important sections of the Vehicle Code which a Pennsylvania bicyclist should know. Keep in mind that the laws themselves often describe only what a bicyclist is required to do, not how to do it. This manual addresses how to bicycle safely and efficiently by following the rules of the road.

Chapter 35 - SPECIAL VEHICLES AND PEDESTRIANS

Subchapter A – Operation of Pedalcycles (Bicycles)

Section 3501. Applicability of traffic laws to pedalcycles.

(a) General rule. — Every person riding a pedalcycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this title, except as to special provisions in this subchapter and except as to those provisions of this title which by their nature can have no application.

(b) Application of subchapter. — The provisions of this subchapter apply whenever a pedalcycle is operated upon any highway or upon any path set aside for the exclusive use of pedalcycles subject to the exceptions stated in subsection (a).

Comment: Bicycles are considered vehicles under Pennsylvania Laws and must obey all the rules of the road which apply to vehicles. These are the “responsibilities” mentioned above. The  “rights” refer to the roadway space required to operate the bicycle in a safe, lawful manner.

Section 3502. Penalty for violation of subchapter.

Any person violating any provision of this subchapter is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of $10.

Section 3503. Responsibility of parent or guardian.

The parent of any child and the guardian of any ward shall not authorize or knowingly permit the child or ward to violate any of the provisions of this title relating to the operation of pedalcycles.

Section 3504. Riding on pedalcycles.

(a) Use of seat by operator. — A person propelling a pedalcycle shall not ride other than upon or astride a permanent and regular seat attached to the pedalcycle.

(b) Number of riders. — No pedalcycle shall be used to carry more persons at one time than the number for which the pedalcycle is designed and equipped, except that an adult rider may transport a child in a pedalcycle or in a child carrier which is securely attached to the pedalcycle or in a trailer which is towed by a pedalcycle.

Section 3505.

(a) General rule. — Except as provided in subsections (b) and (c), every person operating a pedalcycle upon a highway shall obey the applicable rules of the road as contained in this title.

Comment: This statement reiterates the necessity for cyclists to conform to the expectations of other road users in order to ensure the safety of all.

(b) Operation on shoulder. — A pedalcycle may be operated on the shoulder of a highway and shall be operated in the same direction as required of vehicles operated on the roadway.

Comment: A bicycle may be operated on either a shoulder or on the roadway (the travel lanes). The locations will be based upon traffic volume, the physical condition of the travel lanes or the shoulder, traffic speed, the bicyclist’s intended direction, and other safety factors.

(c) Slower than prevailing speeds.– A pedalcycle operated at slower than prevailing speed shall be operated in accordance with the provisions of Section 3301(b), unless it is unsafe to do so.

[3301(b). Vehicle proceeding at less than normal speed. Upon all roadways, any vehicles proceeding at less than the normal speed of traffic at the time and place under the conditions than existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into an alley, private road or driveway. This subsection does not apply to a driver who must necessarily drive in a lane other than the right-hand lane to continue on his intended route.]

Comment: Taken together, 3505 (c) and 3301 (b) state that slower vehicles should keep to the right, which is the normal expectation of all road users, while permitting bicyclists to make movements consistent with their intended route.

(d) One-way roadways. — Any person operating a pedalcycle upon a roadway, which carries traffic in one direction only and has two or more marked traffic lanes, may ride as near the lefthand curb or edge of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction. Comment: Bicycles may ride in the left lane of a one-way street which contains two or more lanes. However, this does not apply to pedalcyclists on freeways. See Section 3511(d), below.

(e) Limitation on riding abreast. — Persons riding pedalcycles upon a roadway shall not ride more than two abreast, except on paths or parts of roadways set aside for the exclusive use of pedalcycles.

Section 3506.

No person operating a pedalcycle shall carry any package, bundle or article which prevents the driver from keeping at least one hand upon the handlebars.

Section 3507. Lamps or other equipment on pedalcycles.

(a) Lamps and reflectors. — Every pedalcycle when in use between sunset and sunrise shall be equipped on the front with a lamp which emits a beam of white light intended to illuminate the pedalcycle operator’s path and visible from a distance of at least 500 feet to the front, a red reflector facing to the rear which shall be visible at least 500 feet to the rear, and an amber reflector on each side. Operators of pedalcycles may supplement the required front lamp with a white flashing lamp, light-emitting diode or similar device to enhance their visibility to other traffic and with a lamp emitting a red flashing lamp, light emitting diode or similar device visible from a distance of 500 feet to the rear. A lamp or lamps worn by the operator of a pedalcycle shall comply with the requirements of this subsection if the lamp or lamps can be seen at the distances specified.

Comment: Many car-bike crashes occur at night and involve a poorly illuminated bicyclist.

Bicyclists should understand that headlamps serve two purposes: a) primarily, they advise other road users of their presence (vitally important to prevent unsuspecting motorists from cutting across the paths of cyclists they cannot even detect), b) secondarily, illuminate the bicyclist’s path.

Section 3508. Pedalcycles on sidewalks and pedalcycle paths.

(a) Right-of-way to pedestrians.– A person riding a pedalcycle upon a sidewalk or pedalcycle path used by pedestrians shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing a pedestrian.

(b) Business districts.– A person shall not ride a pedalcycle upon a sidewalk in a business district unless permitted by official traffic-control devices, nor when a usable pedalcycle-only lane has been provided adjacent to the sidewalk.

Section 3509. Parking.

(a) Sidewalks.

(1) A person may park a pedalcycle on a sidewalk unless prohibited or restricted by an official traffic-control device.

(2) A pedalcycle parked on a sidewalk shall not impede the normal and reasonable movement of pedestrian or other traffic.

(b) Roadways.

(1) A pedalcycle may be parked on the roadway at any angle to the curb or edge of the roadway at any location where parking is allowed.

(2) A pedalcycle may be parked on the roadway abreast of another pedalcycle or pedalcycles near the side of the roadway at any location where parking is allowed.

(3) A person shall not park a pedalcycle on a roadway in such a manner as to obstruct the movement of a legally parked motor vehicle.

(4) In all other respects, pedalcycles parked anywhere on a highway shall conform with the provisions of Subchapter E of Chapter 33 (relating to stopping, standing and parking).

Section 3510. Pedalcycle helmets for certain persons.

(a) General rule.– A person under 12 years of age shall not operate a pedalcycle or ride as a passenger on a pedalcycle unless the person is wearing a pedalcycle helmet meeting the standards of the AmericanStandards Institute, the American Society for Testing and Materials, the Snell Memorial Foundation’s Standards for Protective Headgear for Use in Bicycling or any other nationally recognized standard for pedalcycle helmet approval. This subsection shall also apply to a person who rides:

(1) upon a pedalcycle while in a restraining seat attached to a pedalcycle; or (2) in a trailer towed by a pedalcycle.

Comment: The Pennsylvania Department of Transportation strongly recommends that all bicyclists wear approved helmets whenever they ride.

Section 3511. Pedalcycles prohibited on freeways.

(a) General rule.– No person shall ride a pedalcycle on a freeway.

(b) Exceptions.

(1) On State-designed freeways, pedalcycles may be authorized under the following limitations:

(i) The pedalcycler is 16 years of age or older and is accompanied by a pedalcycler 18 years of age or older.

(ii) A written request for review of the freeway route based on the potential unavailability of a reasonable alternate route is made to the department.

(iii) The department determines that no reasonable alternate route exists.

(iv) The department publishes a notice in the Pennsylvania Bulletin authorizing pedalcycle access to the freeway. The notice shall constitute approval for the persons authorized under subparagraph (i) to ride a pedalcycle on the State-designated freeway.

(c) Action by local authorities.– Action taken by local authorities regarding permission to use pedalcycles on freeways under their jurisdiction shall be: (1) by ordinance of the local governing body; or (2) by a commission or public official authorized to act on specified matters.

(d) Operation on shoulder.- – If the department authorizes pedalcycle access to a freeway, the pedalcycle shall be operated upon the shoulder of that freeway whenever practicable. Comment: Bicycles may be permitted on freeways in Pennsylvania with permission of the Department. The applicant must submit a written request (form) to the Department for review. In addition, Section 3511(d) requires the bicycle to be ridden on the shoulder of the freeway.

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.

Brian Klotz was out on a training ride when he was rear-ended by a motorist. I’m representing Brian in his case against the driver who hit him, and I’ve been able to share some of his story here on the NY Bike Accident Blog. Since his ordeal, Brian has been very open about his accident in the hope that his experience will offer a lesson to other cyclists.

The accident was in no way his fault, but Brian’s learned a great deal about insurance coverage and the extra precautions it’s smart for cyclists to take. You can read about his advice in the NY Bike Accident Blog post, “SUM Insurance: The Inexpensive and Important Coverage Every Bicyclist Needs to Know About.” He’s also been learning about the complicated legal issues involved in any car vs. bicycle collision, a topic I recently wrote about in the post “NY Bike Accident Lawyer Explains the Law in Car Vs. Bike Collisions”

I wanted to give readers an update on Brian’s condition and outlook in his own words. He suffered severe injuries, including a separated shoulder, which still requires additional more surgery. He recently shared an update about his improving condition and outlook in an e-mail he send out to other members of Big Horn Velo.

He wrote about the pain of his injuries, which included a concussion, deep gashes and the aforementioned shoulder injury. He says he’s reached a place that he didn’t think he could in the close aftermath of the accident – of believing himself lucky to be alive instead of unlucky to have been injured.

Brian is a fellow member of the Corning Race Team, and he thanks members  for their concern and help. I’m very happy that Brian singled out me, my paralegal Karen Wheadon and the Ziff Law Firm in general, to thank. Ziff Law is proud to be a sponsor of the Corning Race Team.

Brian says “Jim Reed and his paralegal Karen Wheadon were invaluable in helping me navigate the super complex and confusing arena of the legal side of the accident. I don’t know how Jen (his fiance) or I could have handled the situation through that traumatic time without their help.”

Thanks Brian, for your confidence in us and the kind words. I know we couldn’t be helping a more appreciative guy.

Brian ends with a description of his new training regimen, and how he’s been working hard to reach the level he was at before the accident. The accident has left both mental and physical traces – from more nervousness around cars on the road, to lingering pain.  Even with all his hard work, Brian is nowhere near being back to where he was before and he still faces another surgery this September.

“It’s been a tough road to recovery, but I am grateful for all of the support that I have had throughout, so to all in the riding community, I say Thank You,” Brian says.  “Getting back on my bike was my “carrot” throughout my recovery and without it, I just don’t know how inspired I would have been.”

I’m sure I speak for anyone who reads this when I say I marvel at Brian’s fortitude and upbeat attitude in the face of some very nasty injuries.

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.

I’ve written before about the cyclist I mention in this post. His name is Brian Klotz, and I talked about his accident in the post “SUM Insurance: The Inexpensive and Important Coverage Every Bicyclist Needs to Know About.” Brian was severely injured when he was rear-ended by a pick up truck last year and he’s made some difficult discoveries about insurance and his legal rights as a bicyclist who was struck by a car through no fault of his own.

I have his permission to share some details of his story. Brian and I both think his situation may be instructive for all cyclists who are required to share the road with motorists. In this post, I want to discuss what’s going on with the motorist who struck Brian.

The accident

Brian was out on an endurance ride on Dec. 28, 2009, when he was was rear-ended by, as he puts it an elderly man driving a pickup truck. The collision sent Brian into frozen hay field. He suffered a broken back, a concussion, severe bruising, deep gashes and a badly separated shoulder.

Now the question is what should happen to the driver who struck Brian? What punishment should he have and/or what kind of compensation does he owe to Brian. That’s what this post explores.

The two legal systems

There are two separate legal systems that may be at play in any bike vs. car collision: the criminal law system and the civil law system. Let’s discuss them one at a time.

CRIMINAL LAW SYSTEM

The criminal law system is involved when a person’s conduct violates a written law that prohibits a certain type of behavior: You cannot shoot your annoying neighbor, you cannot steal from the store, you cannot drive 100mph. Criminal laws include felonies (the worst crimes), misdemeanors (lower level crimes) and violations (the lowest level).

Included under the umbrella of criminal laws, are laws (usually violations) that control the behavior of drivers, cyclists, pedestrians, motorcycles, etc. The criminal law system is the domain of the police, the prosecutors and the court. As a civil lawyer, I play no formal or official role in the criminal system (although behind the scenes, I do strongly urge aggressive prosecution of violators of the law).

In Brian’s case, the driver who rear-ended him with was charged with violating Section 1146 of the Vehicle and Traffic Law of the State of NY which provides: Drivers to exercise due care. Notwithstanding the provisions of any other law to the contrary, every driver of a vehicle shall exercise due care to avoid colliding with any bicyclist…”

The driver in Brian’s case pled guilty to that charge and was fined $185.

I am sure I speak for all cyclists when I say that $185 seems a pittance for a person to pay for wrecking a cyclist, destroying his bike, breaking his back, etc. but quite frankly that very typical of the very small financial penalty imposed by the criminal court system in the typical bike vs car collision.

Restitution (a court order directing a defendant to compensate a victim for their financial losses) can be ordered by the criminal court but in the vast majority of the cases, the court does not order restitution and even when it does order restitution, restitution does not include compensation for pain and suffering or disability.

Thankfully, the criminal law system is not the end of the road for either the driver or the injured cyclist, as there is also our civil law system.

CIVIL LAW SYSTEM

Under our civil law system, a person who carelessly or recklessly injures another may be required to compensate the injured party for the full extent of the damages suffered by that person.

I represent injured cyclists like Brian under this civil law system. My job is to investigate the collision and preserve as much evidence as possible so I will be able to prove at trial that the accident was caused by the carelessness of the driver. Having handled bike cases over the last 24 years I know that the lawyers for the motorists always claims that the cyclist was at fault so I need all the ammunition necessary to blow away this nonsense defense.

My job is also to identify all applicable policies of insurance (no-fault, liability, health, under-insured motorist’s coverage, etc) to ensure that if I am successful in getting a large judgment against the driver, that I will be able to successfully recover that judgment from an insurance carrier.

Finally, it is my job to make sure that my client’s medical bills and lost wages are being paid by the appropriate insurance carrier. I can’t begin to tell you how much time I spend fighting with insurance companies to force them to pay what they should be paying but they are dragging their feet or offering some nonsense reason why they do not think they have to pay…..

In Brian’s case, the elderly driver only had the bare minimum of insurance required by NY law– $25,000. As anyone who has paid for any hospital visit knows, $25,000 goes nowhere these days. Luckily, Brian had the foresight to purchase SUM insurance as part of his insurance on his car.

As I have urged before, I believe SUM is the most important coverage EVERY cyclist should have on their auto policy. You can read more about SUM in my NY Bike Accident Blog post, “SUM Insurance: The Inexpensive Coverage Every Bicyclist Must Get.” Basically it provides additional insurance coverage from your own insurance company when the other person’s insurance coverage is insufficient to compensate you for your damages. SUM coverage is cheap and to put it most bluntly, I think any cyclist who is already paying a lot of money for car insurance would be nuts to not have at least $250,000 of SUM coverage.

At this point in Brian’s case, we have fully investigated the collision and preserved all evidence. We have ensured that his medical bills and lost wages have been paid. At this point we are unable to wrap up Brian’s case because unfortunately he still needs an additional surgery on his shoulder to be performed this fall.

It is my practice to hold off on settling any claim until my client’s medical condition has stabilized because once you settle a claim, it is over forever and therefore you want to make sure things are as stable as possible before settling. Accordingly, we are just awaiting the outcome of Brian’s surgery before entering in to the final negotiations with the insurance carriers.

I hope all of this lets folks have a better understanding of how this all works. Feel free to let me know if you have any questions.

Thanks for reading and RIDE SAFELY,

Jim

_________________________________

James B. Reed
NY & PA Bicycle Accident Lawyer
Ziff Law Firm, LLP
Mailto: jreed@zifflaw.com
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Web: www.zifflaw.com
Blogs: NYInjuryLawBlog.com and
NYBikeAccidentBlog.com

The Finger Lakes Mountain Bike Club was a sponsor of the Celebrity Bike Race, May 3, 2010, on the Chemung River Trails.

The Elmira Star-Gazette just wrote a feature story about the new club, “Finger Lakes mountain bike club off to a great start” (the whole story is pasted below).

Membership is FREE. There are 37 members already – I’m sure with the exposure in the Star-Gazette, and with all the benefits and information the club has to offer, that number is going to grow quickly.

I’ve posted before about what a great area this is for bicyclists - “Like to Bike? Ithaca Web Site Offers Activities, Advocacy and Safety Information” , but the Finger Lakes Mountain Bike Club has a unique focus – they advocate putting to use all of the beautiful natural trails we have in the region – not just our winding roads!

There are trails along the Chemung River, the Catherine Valley Trail, the Finger Lakes National Forest, the Keuka Lake Outlet Trail… the list goes on.

The new club is certified by the National Mountain Bike Patrol.  Tom and Carol received training from the national group, and make safety advocacy the focus of the group.

As Tom says in the Star-Gazette story, “”The patrol is the eyes and ears of landowners. If we see trees down or anything dangerous, we report it. If anyone falls and gets hurt or has mechanical problems, we’re trained to help them out.”

To discover more about the great mountain biking opportunities in our area – and how to enjoy them safely, check out the club. To find out more about the Finger Lakes Mountain Bike Club or to become a member, call (607) 733-6798 or go online to www.fingerlakesmountainbikeclub.com.

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.

Below is the article from the Elmira Star-Gazette newspaper regarding this club.

“Finger Lakes mountain bike club off to a great start”

By Jeff Murray •jdmurray@gannett.com • July 28, 2010, 6:50 pm

When Tom Trifoso of Elmira decided to rekindle his interest in biking after a 21-year absence, he had no idea it would lead to a fast-growing club that is now certified to help other bicyclists handle emergencies.

But that’s exactly what happened when Trifoso and fellow bike enthusiast Carol Worden started the Finger Lakes Mountain Bike Club in December.

In less than a year, the club has attracted 37 members, has a website and recently received training and certification from the National Mountain Bike Patrol.

“It’s a spinoff of the National Ski Patrol. What Carol and I had to do is be First Aid and CPR certified,” Trifoso said.

“The patrol is the eyes and ears of landowners. If we see trees down or anything dangerous, we report it. If anyone falls and gets hurt or has mechanical problems, we’re trained to help them out.”

Trifoso took additional classes and is certified to train others to become part of the bike patrol.

There are about 60 National Mountain Bike Patrol groups in the United States and only two or three in New York, Trifoso said.

A big part of the club’s mission is safety education.

“We do take beginners. There are a lot of adults and children that don’t wear helmets,” Worden said.

Trifoso is close friends with Jim Pfiffer, director of the Friends of the Chemung River Watershed. He’s also fond of riding on some of the trails along the river, so it made sense to set up the club as an affiliate of the friends group.

The fledgling club is looking for more members and it doesn’t matter if they are advanced bicyclists, Trifoso said. Mainly they want people who are willing to get their hands dirty and help develop new trails or improve existing ones.

Membership is free.

“We’re not a bunch of kids bombing down a mountain. There’s a lot more to off-road riding,” Trifoso said. “We have the Catharine Valley Trail, Keuka Trail, a lot of trails that are really relaxing and fun to ride on.

“This is for all skill levels. We really want to focus on kids, getting them out here so they can see the benefits of getting out in nature and getting off the road.”

All I can say is, “better late than never.”

The  new law is known as Merrill’s Law. It requires that drivers in New York state keep a safe distance from cyclists while passing. The law was proposed in honor of Merrill Cassell, who was killed when he was sideswiped by a bus while riding his bike. The bus driver in Merrill’s case was not even ticketed.

In some states, it is mandatory for motorists to drive at least 3 feet away from the cyclist when passing. The new NY law is not quite so good. It is a little vague to require that motorists to keep a “safe distance” from a cyclist while passing that cyclist.

It will be up to the courts to define what constitutes a “safe distance” – but clearly if a motorist sideswipes a cyclist, they were NOT a safe distance away from that cyclist!

The new law has been passed by both the Senate and Assembly and is awaiting the Governor’s approval. If approved, the law would become effective November 1, 2010.

I came across the article “Bicycle Safety Legislation Passes New York Legislature” at WGRZ.com. It explains the issue and the legislation, and a copy is pasted below. The passage in red concerns the “safe distance” vs. 3 feet issue – and one lawmaker makes the point that 3 feet may not always be enough of a safe distance.

“Bicycle Safety Legislation Passes New York Legislature”

(CARA MATTHEWS, Gannett Albany Bureau)

ALBANY – Following the death of a 66-year-old bicyclist in Westchester County last November, the New York Senate and Assembly have passed legislation that would require vehicles to pass cyclists at a safe distance to prevent accidents.

Westchester Putnam Bike Walk Alliance member Merrill Cassell was biking on Route 119 at the Greenburgh/White Plains border Nov. 6 when he was sideswiped by a Bee-Line public bus and killed. The bus driver didn’t receive a ticket.

The legislation, which passed the Senate 57-3 last Friday and Assembly 102-0 Monday evening, now goes to Gov. David Paterson for his consideration. If signed, it would take effect Nov. 1, and violators could receive a traffic infraction.

Senate sponsor Andrea Stewart-Cousins, D-Yonkers, said Cassell, a Hartsdale resident, was a constituent who fought hard to get people out of their cars, educate the public about bike safety and make roads safer for cyclists. The legislation has become known as “Merrill’s Law.”

“And his death was certainly tragic, but we all felt that because he had given so much of his life to ensuring the enjoyment as well as the safety of bicycling that we should not let his memory be lost and certainly his death would not be in vain,” she said.

The bill would improve safety for people who cycle on right side of the road by requiring passing vehicles to keep a safe distance from the left side of the bicycle.

“It’s great that they’re doing this and it’s got his name on it and hopefully it will save many lives,” said Tania Cassell of Miami, Merrill Cassell’s daughter. “And it may have saved his life.”

Merrill Cassell was passionate about the outdoors and fitness all his life, running in numerous marathons, his daughter said. He became an avid cyclist after retiring as budget director for UNICEF, she said. “He just loved it. The neighbors knew him. He would wave to them,” said Tania Cassell, 43, of Miami.

Another piece of legislation that would affect cyclists would require planners to consider the need for bike lanes and paved shoulders when constructing or making major changes to roads. The bill passed the Senate. Assembly Transportation Committee Chairman David Gantt, D-Rochester, was pushing a version of the bill that would apply only to state roads, arguing that including all roads would be another mandate on local governments. But Gantt amended his bill Tuesday to match the Senate’s, said Bill Ferris, the AARP’s legislative representative.

The legislation would not require bike lanes, paved shoulders and other amenities if they were deemed too expensive.

On Merrill’s Law, the original legislative proposal was for a 3-foot passing law, which 16 states have, said David McKayWilson, president of the Westchester Putnam Bike Walk Alliance. There was opposition in the Assembly, so the bill was changed to passing at a safe distance. Eight states have such laws, including Oregon and Washington, which are pro-bike states, he said. In some circumstances 3 feet may not be enough, said Wilson, such as when trucks pass bikers.

The Westchester Putnam Bike Walk Alliance and the Westchester Cycle Club, which Wilson also heads, and the New York Bicycle Coalition worked together to lobby for the legislation. “It’s unfortunate that it took the death of Merrill Cassell to make it happen, but if there’s something good that came out of his death, then we’re glad to be able to do this in his honor,” Wilson said.

In explaining the bill to the Assembly Monday, Assemblywoman Amy Paulin, D-Scarsdale, Westchester County, said proponents want to “call attention to the fact that there have been many instances as of late where bicyclists have been killed essentially by motorists because of their hazardous driving or they’ve driven too close to them.”

Paulin, who was hit by a car and knocked off her bike as a teenager in Brooklyn, conceded that the legislation would be difficult to enforce.

Assemblyman Robert Castelli, R-Goldens Bridge, voted for the bill but said that, as a former member of the State Police, he is concerned enforcement would “be very iffy.”

“While I appreciate the idea that there is a discretionary aspect to the enforcement of it, it’s impossible to codify what safe distance is when you are dealing under these circumstances. And what’s safe to one officer may not be safe to another,” he said.

Thanks for reading and RIDE SAFELY,

Jim

_________________________________

James B. Reed
NY & PA Bicycle Accident Lawyer
Ziff Law Firm, LLP
Mailto: jreed@zifflaw.com
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Web: www.zifflaw.com
Blogs: NYInjuryLawBlog.com and
NYBikeAccidentBlog.com

I can’t imagine anything scarier (or more dangerous!) than your handlebars coming off in your hands at high speed!

As a bike accident lawyer, I think Trek (and other manufacturers of carbon steerer tubes, carbon handlebars, etc.) may have a BIG problem on their hands.

I have long worried that the carbon I love so much, may be dangerous in certain applications, like steerer tubes and handlebars because carbon is so susceptible to traumatic collapse by compressive forces. We all know how tough carbon is when longitudinal forces are applied to it but we also know that carbon is like a fragile egg shell when you apply sideward forces to the carbon tubes. If your buddy insists that carbon is super tough, ask him if you can lean his bike on its side and just softly step on the middle of his top tube.

Now don’t get me wrong, I know that this is not the type of forces a bike frame is designed to endure, but it points out why carbon may be perfectly acceptable in one application but dangerous in another. What concerns me about using carbon in applications like a steerer tube or handlebars is that you know that you are going to be subjecting that component to the exact types of compressive, sideward forces to which carbon is so susceptible.

Because of this susceptibility, Trek makes it clear that you must be very precise in the tightening of carbon components but my concern is that it is VERY foreseeable that consumers will NOT necessarily read the instructions or have the necessary equipment (precision torque wrenches).

In fact, I can tell you I have been in many bike shops where I have watched very experienced mechanics working on carbon components with traditional allen wrenches rather than the recommended torque wrenches. Geez, if we can’t count on the experienced mechanics to follow the guidelines, we sure can’t expect every consumer to do so.

So, the real question is whether using carbon in these applications is simply unreasonably dangerous? I suspect some jury will be answering that very question some day in the future after some poor bicyclist dies or is maimed when his carbon handlebars or steerer tube fails……

So let me close with a STRONG recommendation. If you have a Trek Madone or any bike with a carbon steerer tube or carbon bars or carbon stem, by all means have it checked out by a reputable bike shop with the recommended equipment. Also, periodically perform a careful examination of your components and immediately replace if you find any signs of cracking or damage. I would much rather have you have a long and happy cycling career than a good lawsuit.

Hope you have a great ride.

Thanks, Jim

_________________________________

James B. Reed
NY & PA Bicycle Accident Lawyer
Ziff Law Firm, LLP
Mailto: jreed@zifflaw.com
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Web: www.zifflaw.com
Blogs: NYInjuryLawBlog.com and
NYBikeAccidentBlog.com

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.

Disturbing: I talked to an 80-plus-year-old guy who has a Caddy Escalade with big chrome brush bars.

I half jokingly said,  “So, plan on off-roading a lot with your $65,000 truck with those brush bars?” and he said, “Ha ha- we call those bicycle bars”

What?!?!? I can already can imagine the death and destruction when this guy has a heart attack behind the wheel of this death-dealer. There should be a law….

Sadly, this kind of “joke” is way too common these days. We all heard about the California road rage criminal trial where a doctor was convicted of intentionally mowing down two cyclists. There are countless other stories of motorists “buzzing” or “brushing back” cyclists.

Cars kill cyclists every day. I am very concerned about this emerging, popular attitude that it is somehow OK or “funny” to talk about maiming cyclists.

So, let’s be clear: There are laws—both criminal and civil—that protect cyclists and punish motorists who hurt or kill bicyclists.

And let’s be even more clear: AS AN AVID CYCLIST AND BICYCLE ACCIDENT LAWYER, I HAVE ABSOLUTELY NO HESITATION TO SUE THE PANTS OFF ANY MOTORIST WHO INJURES ONE OF MY CLIENTS!

Let’s see how funny the motorist thinks he is when he mows down one of my clients and is now facing the mother of all lawsuits.

“He who laughs last…….”

Thanks for reading and RIDE SAFELY,

Jim
_______________________________________

James B. Reed, Esq.

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

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