Tag Archives: New York bicycle accident lawyer

Donate Your Old Bike Gear! My Donations Helped Ithaca High School Cycling Club Members

Photo for blog

All avid bicyclists collect gear over the years such as jerseys, bike seats, pedals, and more. Our gear clogs our houses and garages. Some of our old gear is still in good condition and would be welcomed by many other cyclists. But instead of donating it, we set it aside and forget it, or we throw it out.

This summer, round it up and donate it to someone or a group in need.

If your group or organization needs donated bicycles or bike gear, please email me at [email protected] and I will put your requests in a future blog post here.

I recently donated some of my used cycling gear – jerseys, pedals, seats, and bike racks – to the Ithaca High School Cycling Club, which has about 20 students participating in rides and hikes this school year, according to its faculty adviser, Armin Heurich, a library media specialist at the school.

Armin Heurich

Armin Heurich

Armin, also president of the Finger Lakes Cycling Club (FLCC), is making a difference in students’ lives, so keep the Ithaca High club in mind if you have items to donate.

He told me about one student, Marty, who has become an amazing success story through the high school club. The young man was riding a heavy, clunky hybrid bike two years ago, according to Armin, who convinced Marty to join the club’s AIDS Ride for Life team. Marty had so much fun that his father bought him a road bike, and Marty has improved as a bicyclist, “just crushing it on the hills,” Armin said.

Armin said this was just as significant: Marty went from being a shy person with a small circle of friends to being outgoing and having many friends, thanks to cycling and the club.

Willem, a senior soon to graduate and a club co-president, is finishing a class project with Armin that will create a collection of Ithaca-area bike routes with detailed analysis, photos, and narrative text. Willem and club co-president Madeline are also active in the FLCC, and several high school students have participated in FLCC-organized road races.

Option 2Armin makes an excellent point when he says that students should consider cycling clubs like his in order to develop a healthy routine of integrating outdoor recreation into their stressful weekly school routine.

“I reflect on the fact that when I was a kid, we used to play after school in the neighborhood,” he said. “These days, so many students are taking tough AP classes and are involved in so many more structured activities. It seems that unstructured play and recreation is a rare commodity these days, and I believe that it’s very important. There are inherent risks to cycling, and we’ve had some close calls, including a few falls, a scary endo, a crash into a tree, some minor scrapes and bruises, some touching of wheels, and our fair share of flat tires and a few snapped cables. I see every one of these opportunities as a teachable moment. Students always prove to be resilient, and parents prove to be understanding. Learning to participate in activities with an element of risk is an important part of the maturation process.”

I was touched to receive thank-you emails from the students who received my donated items. Here is a sampling of some of their emailed comments:

“I was able to get an amazing kit from your donation, and I know that all of the members of our club were incredibly grateful for your generous donation.” – Madeline

“I got a nice bike jersey, which I am very excited about wearing. It’s my first one. Thank you!” – Rowan

“I took home your old cleats and they seem to fit perfectly. Thank you so much for your donations.” – Johannes

“I just got into cycling in the last year and I really love it. I didn’t have any cycling jerseys and one of the jerseys you donated fit me perfectly. I will definitely be using it a lot. Thank you!” – Robin

“Your donations helped give our newer members a safer and more enjoyable cycling experience. I received the bike saddle and have noticed how much more comfortable it is than my old one. Thank you!” – Marty

Clear out your closets and garages and donate your used gear that is in good shape to a club or riding group near you.

For example, Armin said the school club needs jerseys, shorts, MTB shoes with SPD cleats, wedge bags, tubes, and 700c road tires, and any items would be greatly appreciated.

If you want to contact Armin, send email to [email protected].

Thank you for reading!

Jim

James B. Reed
NY & PA Bike Crash Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

 

 

 

 

 

Friendly and Informative Dialogue Explores NY Traffic Laws For Motorists And Bicyclists

Bicycle Sidewalk 2

I recently received an email from a Twin Tiers resident concerned about bicyclists riding on sidewalks and on the wrong side of roadways. I was copied on the email that was sent to his mayor and police chief after the man almost struck a bicyclist riding on a sidewalk.

The man was turning right into a parking lot and a speeding bicyclist, the resident said, was riding on the wrong side of the street in his path to the parking lot. The bicyclist was on the sidewalk and behind a fence, so he was hard to see, the man said. The resident was able to stop before hitting the bicyclist.

The resident stopped by the police department and talked with officers, remarking that he was taught as a child to ride in the road – and ride on the right side of the road, with traffic.

He said two police officers told him that pedestrians (the bicyclist, in this case) always have the right of way, and police have no power to tell bicyclists where to ride on roadways.

ebike signThe man then correctly cited part of NY Vehicle and Traffic Law 1234 (regarding riding on roadways, shoulders, bicycle or in-line skate lanes and bicycle or in-line skate paths): (a) Upon all roadways, any bicycle or in-line skate shall be driven either on a usable bicycle or in-line skate lane or, if a usable bicycle or in-line skate lane has not been provided, near the right-hand curb or edge of the roadway or upon a usable right-hand shoulder in such a manner as to prevent undue interference with the flow of traffic except when preparing for a left turn or when reasonably necessary to avoid conditions that would make it unsafe to continue along near the right-hand curb or edge ….

I sent this response to him:

Thanks for including me on your email. I am sorry I have to disagree with your statement “motorists would be blamed in every case of a collision with a bicyclist despite a bicyclist riding unsafely.”

As a lawyer who handles a significant number of bicycle crash lawsuits, I can tell you that the vast majority of time it is the cyclist, not the motorist, who is blamed for causing a collision. I can’t tell you the number of times I have had to prove that an accident report was erroneous in claiming the bicyclist was at fault when in fact the motorist violated the NY Vehicle and Traffic Law.

My feeling is that our laws should be applied equally to ALL users of our roads — motorists, bicyclists, pedestrians. Likewise, proper education is important for ALL users of our roads. Yes, I see bicyclists, pedestrians and motorists sometimes obeying the laws, sometimes violating the law, and accordingly, I think it’s important that we don’t jump to the conclusion that all bicyclists are bad or that all motorists are bad.

James-Reed-Ziff-Law-FirmI appreciate the fact that you are creating a dialogue about proper bicyclist/motorist behavior.  I regularly lecture on NY bike laws to law enforcement, and in fact, I recently lectured to the Steuben County Magistrates Association, where many of the 52 village and town justices in Steuben County were in attendance. If you or anyone in law enforcement ever have questions regarding NY bicycle laws, please let me know and I would be happy to offer my analysis.

Under NY law, you are correct that bicycles are supposed to ride in the same direction as vehicle traffic, not against traffic. And most NY municipalities have laws prohibiting bicyclists from riding on sidewalks if the rider is older than 12 years old.

And finally, although VTL 1234 does say a cyclist should ride to the right of the road when it is safe to do so, a bicyclist IS permitted to use the full travel lane when necessary to ride safely (i.e., when making a left turn or when parked cars, road debris or potholes make the right side of the roadway dangerous).

* * * * *

Fortunately, the police chief responded to the man’s email, too:

“I do not know what officers you talked with or when, but if they told you that bicyclists are somehow immune to the law, they were incorrect.

“You accurately cited one of the sections of the NYVTL that identifies the manner of which bicycles should be ridden.

“In addition to this, there are City Codes that further identify proper bicycle operation and restrictions to riding in certain areas, including the downtown area. Through our School Resource Officer, we try to educate children of their responsibilities when operating bicycles, and offer a program for free helmets for those children in need.

“By your letter, it is not clear to me the age of the bicyclist (child or adult), as this certainly factors into the options that are available to the officers. Regardless, with warmer weather upon us, there will be more cyclists out and about, making it  imperative that persons operating motor vehicles do such with due care and caution.

“I will be talking with my entire staff re an uptick of patrolling safe bicycle operations. If you need anything further, please feel free to call me.”

It’s great to see a police chief admit his officers made a mistake and that he plans to educate his employees and increase enforcement. For our roadways to be safer, everyone has to do their part – motorists, bicyclists, motorcyclists, and pedestrians – and follow the laws. And always be mindful that there will be those who ignore the law.

Thank you for reading!

Jim

James B. Reed
NY & PA Bike Crash Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

 

 

 

 

 

Test Your NY Bike Law IQ By Reading My Column At The Odessa File

Odessa File

A few months ago, I began writing a column for The Odessa File (photo above), a must-read community news website in Schuyler County. Since my wife and I live there now, I wanted to find a way to connect with my fellow residents, and I know that everyone in the county reads it. Charlie Haeffner has created a great resource for county residents, and I will say it again: Everyone. Reads. It.

The feedback has been great and people are coming up to introduce themselves on the street when I am out in the community. It’s been a great icebreaker.

0411reedPicI just published my fifth column this year. I write about legal news that people can use in their everyday lives. I have written about a great insurance change in state law for New York State drivers; about how a woman’s tragic death has led to a positive change in another state law; and about how writing wills can be a messy process for families.

My latest column is a wake-up call for New York motorists and bicyclists. The hibernation is over.

The snow is gone for good (I hope) and bicyclists are getting their bikes out of the garage and checking their brakes and tires. As we all prepare to hit the road again, and dodge the horrible potholes that winter left behind, it’s time to remind everyone on the road what the law says about the rights of motorists … and bicyclists!

So please. go read the terrific Odessa File website and read my column.

As a bonus, I have a brief quiz in the column that will test your knowledge about basic bike laws in NY. If you email me your answers, I will enter you in a drawing for a $50 gift card to a great Watkins Glen restaurant.

You can also email me at [email protected] f you’d like a very readable and easy-to-understand primer on NY laws for bicyclists. It’s a great refresher so we all have another safe year of sharing our roads with drivers, motorcyclists, and pedestrians.

Thank you for reading!

Jim

James B. Reed
NY & PA Bike Crash Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

Debate Over E-bikes Grows After NYC Partially Lifts Ban

ebike 1

Last week, New York City Mayor Bill de Blasio announced the city would lift its ban on riding e-bikes, making bike-sharing and delivery companies happier. For motorists and bicyclists in the city, it will be one more faster-moving object to watch for as they zig-zag through the frenetic streets. And reviving the debate nationally over the safety of e-bicycles.

The NY law on e-bikes is murky and confusing as noted in a nice blog post from CityLab:  “Under federal law, an electric bike with a maximum assisted speed under 20 miles per hour can be sold as a bicycle, not a motor vehicle. Under New York state law, riders would need to register these as they would a motorcycle, moped, or car. But there’s no clear way to register them. Because of this regulatory patchwork, e-bikes are legal to sell as bikes anywhere in the U.S. but effectively illegal to ride in New York, since they can’t be registered as motor vehicles.”

NYC Mayor Bill di Blasio.

NYC Mayor Bill di Blasio.

According to news reports from NYC, the city just months ago was taking a hard line on e-bicyclist delivery folks, targeting riders and the businesses they work for with fines from $200 to $500. But vocal critics said the fines were hitting delivery riders, often poor immigrants, the hardest.

The New York City Department of Transportation is drafting new rules that will regulate the use of pedal-assist bikes. For now, any throttle e-bikes that can travel faster than 20 mph are still banned.

“By creating the framework for pedal-assist bicycles, our goal is to join other world cities that are opening the door for delivery workers, older or less able-bodied cyclists, and other casual aspiring cyclists to experience a safe and low-emission mode of travel,” said NYCDOT Commissioner Polly Trottenberg in a news release.

“The mayor’s announcement is a positive first step, but until the City has established a solution for converting the e-bikes currently being used to pedal-assist bicycles, we worry that delivery workers will continue to be criminalized,” wrote Joe Cutrufo, a spokesperson for the advocacy group Transportation Alternatives, in an email to Bicycling magazine.

ebike signE-bikes – and bicycling – are growing more popular in the U.S., news reports say. The National Institute for Transportation and Communities said its research found that people buying e-bikes are less reliant on motor vehicles.

E-bike advocates say they help reduce barriers for people who may not ride a traditional bicycle because of age, disability or poor physical condition. Some work commuters like them because they are a less strenuous ride to the office.

E-bike critics have many valid concerns: pedestrians don’t want to tangle with e-bikes on sidewalks. Some bicyclists call e-bikes cheating and don’t want to share busy bike paths with e-bikes that will travel faster. Police officers are worried about speeding and dangerous crashes..

There is pending legislation in NY to better define e-bikes and their legality in NY.  It is my hope that this legislation will soon become law because confusion over e-bikes is bad for everyone.

Be safe on our roads, and thank you for reading!

Jim

James B. Reed
NY & PA Bike Crash Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

Inspect Your Quick Release To Avoid Devastating Failure While Riding

It’s winter in NY and PA — cold and icy and snowy, definitely not bicycle season — so it’s a good time to head to your garage, get your bike out, and complete a safety check. We will get our first taste of spring soon, I hope, so be ready.

quickrelease2If you have a quick-release seat or front wheel, that’s a good place to start your winter inspection. I will focus on that today because failure, of either the front wheel or the seat, can lead to very serious injuries and destroy your bike.

Please watch the instructional video above by Global Cycling Network. It’s a great primer for new and future quick-release users.

So you and your buddy installed quick-release seats and wheels last fall, and had a few safe rides? You think you have nothing to worry about, right?

I hope so, but … I have handled a few bike crash cases caused by quick-release failures. As you might imagine, if the quick-release fails and your wheel suddenly separates from the bike, injuries can be catastrophic.

Quick-release failures can be caused many ways:

  • Improper installation.
  • Improper adjustment.
  • Poor manufacturing.

The point is that if someone is injured because of a quick-release failure, they should:

  • Immediately preserve the bike and wheel and …
  • Contact an experienced bike crash lawyer who can then investigate the details of the crash and determine the cause of the failure.

I would recommend you take your bike to a local bike shop this winter and have them inspect your quick-release levers. Also be sure they observe how you remove and return your wheel and/or your seat. They might have safety suggestions after observing your methods that will save you thousands in medical costs.

Losing a front wheel while riding could send you head-first toward the pavement, so be as prepared as you possibly can before spring arrives.

Be safe on our roads, and thank you for reading!

Jim

James B. Reed
NY & PA Bike Crash Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

 

 

 

 

 

 

After Son’s Bike Crash, Father Gears Up Fight For Safer Streets For Cyclists, Pedestrians In Ithaca

Armin Heurich with some of his yield signs.

Armin Heurich with some of his yield signs.

Armin Heurich of Ithaca, the president of the Finger Lakes Cycling Club, has written an excellent guest blog post about his long battle for bicycle and pedestrian safety in Ithaca, a big issue in a progressive – but unsafe – city. The turning point in his struggle for safer streets is very personal ….

Why is a state traffic law almost completely ignored and unenforced in some cities, and almost universally respected in others?

I’ve been pondering this question for many years now in Ithaca, N.Y., where I have lived since 1997. Section 1151a of the New York State Traffic Law states that: “[w]hen traffic-control signals are not in place or not in operation, the driver of a vehicle shall yield the right of way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk on the roadway upon which the vehicle is traveling, except that any pedestrian crossing a roadway at a point where a pedestrian tunnel or overpass has been provided shall yield the right of way to all vehicles.”

Most states in the U.S. have similar laws in the books. Most of us have visited a city or town where we can step foot in a crosswalk where there is no traffic light and marvel as all oncoming vehicles travelling in both directions respectfully come to a complete stop.

I have visited many cities in Vermont, New Hampshire, Massachusetts, Maine, Washington, Oregon and California where one can safely assume that motorists will indeed yield. Yet in Ithaca and so many other cities and towns across the country, casually stepping into a crosswalk at an intersection with no traffic light involves putting your life at risk. When a vehicle does finally slow down, you can’t count on vehicles travelling in the other direction to follow suit, since all bets are off.

I am decidedly an urban dweller. When I was hired for a job as a librarian at Ithaca High School, my wife and I initially considered living in the lovely countryside, since we love all forms of outdoor adventure from cycling and hiking to cross-country skiing. Ultimately, we decided to live in the heart of the downtown Northside neighborhood, since it allowed us to bike or walk to work.

Cycling and walking are my primary means of transit both for business and pleasure, and we are only a mile away from some beautiful county roads that are very welcoming to cyclists, so living in the city was a great choice for us. It’s hard to imagine a better place for cycling, if you love the challenge of hills and appreciate breathtaking terrain. My direct bike commute is actually too short, so I typically add some hills and extra distance for a good morning workout.

While the county roads are mostly quiet and safe, with lots of low-traffic options, the same cannot be said for the city streets of Ithaca. Our small city is criss-crossed by state highways running east/west and north/south, including routes 79, 96 and 13.

These highways turn into mostly one-way city streets with a steady high volume of traffic, especially during business hours. Many motorists seem to be impatient and annoyed while driving through the city to their final destination. Ithaca is a waypoint to many, and pedestrians and cyclists are just another impediment along their way. Only one example of the challenges facing pedestrians is Seneca Street, which is Route 79 as it continues east through the city.

Try crossing Seneca Street at the Geneva Street intersection, and you are in for a rude awakening. There is a stop sign on Geneva Street, and there is no sign reminding motorists of the state law requiring them to yield to pedestrians. In fact, there is a dearth of such signs anywhere in the city. I have waited upwards of five minutes at that intersection waiting to cross, even with two feet in the crosswalk as I attempt to make eye contact with motorists. Of course, cyclists face the same exact challenges as they attempt to brave the crossing.

For many years, I have been asking mayors, members of Ithaca’s Common Council and the city engineers for more signs to no avail. I also ask why we have such an unfriendly pedestrian and cycling culture compared to many other municipalities, when we take such pride in being a caring and progressive-minded community. The best answer I get is that it is a cultural thing and a mystery that might not ever get resolved. I have attended Common Council meetings, Board of Public Works meetings, and open houses in which specific infrastructure projects are shared for public feedback. I keep asking the same questions, and get unsatisfying answers. I usually end up feeling ignored or sidelined, even though I have carefully chosen my words and present my perspective in a polite and thoughtful manner.

This summer, our family enjoyed a trip of a lifetime, which involved cycling and walking through many great European cities, including Copenhagen and Amsterdam, two of the most cycling- and pedestrian-friendly cities. We marveled at the infrastructure and the feeling of safety for cyclists of all ages and skill levels. We biked every day and logged nearly 100 miles of urban cycling in our week of sightseeing in those two cities. I took endless mental notes about how the cities were completely transformed through seamless infrastructure, and looked forward to sharing insights with friends and community members.

Then, a week after our return, my 16-year-old son was hit by a car while cycling in Ithaca. He stopped at a four-way, then continued on his way north on Albany Street until he was struck by a motorist heading west on North Titus Street.

The driver ran the stop sign and claims not to have seen Toby, who has struck hard in the ribcage. Toby rolled onto the hood of the car, causing some noticeable damage to the bodywork, then rolled onto the pavement after the motorist came to an abrupt stop. He spent seven days at Upstate Medical Center in Syracuse with a fractured rib and a collapsed lung, but was very lucky, since he did not concuss.

While I was sitting at his bedside during his painful convalescence, I became increasingly frustrated about Ithaca’s unfriendly streets. I felt like I failed him as well as the membership of the Finger Lakes Cycling Club by not being a more decisive advocate for bicycle and pedestrian safety. It was time for action. I thought up a renegade action that would likely start a community conversation about this issue; I got to work on social media and touched base with my local copy shop about the logistics of printing signs on rigid plastic.

My plan was to print the official state sign that states, “State Law: Yield to Pedestrians in Crosswalks” on rigid plastic, the kind used on political yard signs. I would make as many as I could, then assemble a team of like-minded friends in the community to zip tie the signs at dangerous intersections. The signs would have to be installed in a convincing manner, so as to fit right in with existing signs and not obstruct the view of motorists.

First, I contacted an Ithaca printer and emailed the graphic file for my prototype signs. Then I started a GoFundMe account and set a goal of $500 to cover the expense of sign production. Finally, I took to Facebook and shared a few posts about this idea on my wall, along with a link to my fundraising site. I have a good number of Facebook friends, many of whom live in and around Ithaca, but I was unprepared for the staggering response. In just three days I had raised over $400, and after a week I had surpassed my goal by nearly $100.

Meanwhile an Ithaca-based journalist named Mark Anbinder read about my project and interviewed me for an article that was to appear on 14850.com. Also I heard from many others in the Ithaca area who had accidents or near misses, including Ithaca Alderman Ducson Nguyen, who was hit by a car while cycling a month before Toby’s accident. The collective sense of frustration with the status quo and the encouraging words about the project kept me motivated.

I ended up getting about 50 signs printed, and with the help of friends, managed to get the signs placed on the most dangerous intersections by mid-August.

The community reaction was immediate. I was having conversations with neighbors and friends daily, and the overwhelming consensus was that the signs were making a difference. Drivers were more likely to yield to pedestrians in some of the most troublesome intersections. Local citizens and members of Common Council were urging the Board of Public Works and the city traffic engineer to install permanent signs and do more to get motorists to comply with state law. Residents were discussing the issue regularly on online forums, and the support for increased signage and enforcement was overwhelming.

About the time that I gave up on seeing Mark’s article on 14850.com, he published his piece, which was timed to appear during the first week of school

Mark’s excellent article raised much greater awareness about my campaign, and increased pressure on city leaders to take action.

I received a warning email from the supervisor of public works that my signs were out of compliance with state DOT regulations, and that they would be removed. While I fully anticipated this eventual action by the city, I was hoping that the signs would last much longer. My dream was that they would be systematically replaced by permanent ones, but that was not the case.

IMG_20170815_111408848_HDRHowever I am more hopeful and optimistic now than ever before. I have heard that the BPW has agreed that more signage is necessary, and that it will be installed in a reasonably short order. The question about increased enforcement keeps coming up as well, and the city is looking at possible solutions to address this problem.

After my temporary signs came down, I circulated an online survey, asking respondents to reflect on the impact of signs, the process of requesting safety signage, and to suggest intersections that need increased signage and enforcement. My next step is to summarize the survey results from nearly 50 residents and present it to the mayor, Common Council, city engineers and the BPW.

If you are feeling helpless about the pedestrian and cycling safety concerns in your community, I hope that my story gives you hope and possible strategies for being a catalyst for change. While Ithaca has a long way to go, I believe that the emotional energy invested in this project has already paid off. Ultimately, my goal is to change the culture of our city with regard to respect for non-motorized transportation, even while our downtown experiences unprecedented growth.

Please feel free to contact Armin at [email protected] if you have suggestions on or questions about his initiative.  

Armin Heurich is the president of the Finger Lakes Cycling Club and the faculty adviser of the Ithaca High School Cycling Club, where he works as a school librarian.

Check Out Great Video Series On NY Bicycle Laws

If you or someone you love rides a bike in New York State, take 12 minutes or so and watch the two-part video series above that explains bicycle law in New York State. It’s an investment in your family’s safety on the roads!

I am sure even experienced NY bicyclists and drivers will learn something new about state law when they watch these videos, so I HIGHLY recommend these videos to all NY bicyclists and drivers.

Remember, ignorance of the law is no excuse!

The NY Bicycling Coalition made the videos with the Albany Police Department, thanks to funding from the National Highway Traffic Safety Administration with a grant from the New York State Governor’s Traffic Safety Committee.

The videos will be used by law enforcement agencies around the state to improve knowledge and enforcement of vehicle and traffic laws relating to bicycling, according to NYBC.

Check out my NY Bicycle Law Primer 2017 for a PDF summary of state laws that you can download and keep in your home!

The NY Bicycling Coalition made the videos with the Albany Police Department, thanks to funding from the National Highway Traffic Safety Administration with a grant from the New York State Governor’s Traffic Safety Committee.

Be safe on our roads, and thank you for reading!

Jim

James B. Reed
NY & PA Bike Crash Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

 

For Steuben County Magistrates, Bicycle Law 101 Was An Eye-Opener, Says NY and PA Bicycle Law Lawyer

I recently spoke with members of the New York Magistrates Association at a meeting in Corning. The members are town and village judges and justices who often don’t have the legal training of lawyers, so they welcome presentations by top lawyers.

Jim Reed.

Jim Reed.

I talked to about 35 judges and justices about New York state bicycle laws, and many told me afterward how much I opened their eyes to the unsafe conditions faced by bicyclists on the roads.

The video at the top of this page was taken by one of my clients who was seriously injured in a collision with a vehicle that turned left in front of him in Pennsylvania. Even the seasoned judges were surprised by the violence of the crash captured on the bicyclist’s helmet cam.

To engage my audience, I did most of the presentation in quiz format, and it was quite effective.

Here are my questions, with the answers I provided to members.

  1. May bicyclists in New York state legally ride side by side?
    Answer ….  Yes but not when passing parked cars, other bicycles or pedestrians.
  2. Is it legal for a bicyclist to ride in the driving lane?
    Answer ….  Yes, bicycles are permitted to use the entire driving lane when it would be unsafe for them to stay to the right or when they are preparing to make a left turn.
  3. Are all bicyclists in New York required to wear helmets?
    Answer ….  No for anyone older than 14.  Yes for 14 and below.
  4. Must all bikes in New York be equipped with lights?
    Answer ….  Yes if riding after dark.  No during the day.
  5. Is it legal to ride with headphones?
    Answer ….  Two headphones, no.  One headphone, yes.

It was surprising to me that many of the judges didn’t know that legally a bicycle rider has all of the same rights and obligations as if they were a motor vehicle.

Bicycle law is an area where many magistrates are not well informed because they don’t deal with it on a regular basis, like they do with the state’s Vehicle and Traffic Laws, said Annette Viselli Thorne, Painted Post Village Justice and vice president of the county’s magistrate association.

“With the increase in the number of bicyclists on the roads, and Jim’s advanced experience as a cyclist and bicycle law expert, he was a perfect fit for an educational presentation to the association,” she said. “His presentation was extremely informative and the resource documents he provided will be an asset to every judge and justice who sits on the bench.”

NY Bicycle Law Primer 2017

Click above for a copy of the NY Bicycle Law Primer 2017 that I shared with the judges and justices.

Thank you for reading!

Jim

James B. Reed
NY & PA Bike Crash Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

Dream Jobs For Rochester Teens At A New Kind Of Bike Shop

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David Gayle,16, and Shandan Jones,17, both of Vertus High School in Rochester, change a wheel at Dream Bikes on University Avenue. (Photo by Kevin Fuller, City Newspaper.)

There was a great story recently in the Rochester City Newspaper about a great life-changing opportunity for kids in Rochester.

14581490_186139165176732_61796676990708398_nDream Bikes, a nonprofit bike shop that opened earlier this year on University Avenue in Rochester, provides jobs to teens from lower-income neighborhoods in the city, according to the story.

The teens do the work. They do the customer service and sales, and work on the bikes.

This story warms my heart on two levels: 

  • First, it gives kids an opportunity to work with their hands, which is very important today, where shop programs have been eliminated from the schools.
  • And second, it means more kids riding bikes, which also is important today, when so many kids simply don’t have the opportunity to ride bikes.

What a wonderful win/win for the kids in Rochester!  The reporter on the story is right when he says that bicycles CAN improve lives.

16996010_259184571205524_5809000796459761078_nThe manager of the shop, Paul Barrows, summed it up very well: “We’re just here to try to help them out, give them a step up.”

According to the story:

Trek Bicycles formed Dream Bikes in 2008 and opened its first shop in Madison, Wisconsin, the home of its corporate headquarters. It opened a second location in Milwaukee, and the two locations have provided jobs for 80 teens and repurposed 10,000 bikes.

The Dream Bikes board decided last year to expand into additional cities and picked Rochester because of its struggles with poverty and its low city school graduation rates, Barrows says.

Thank you for reading!

Jim

James B. Reed
NY & PA Bike Crash Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

 

 

 

 

 

NY Highest Court Ruling Could Make Streets Safer In NY For Bicyclists

Injured Bicyclist

Jonathan Maus, the publisher and editor-in-chief of BikePortland.org, had a great recent post about a New York Court of Appeals ruling about city street design and accident liability that could be great news for bicyclists all over the country.

Jonathan writes:

  • “After years of assuming cities had blanket immunity from liability when it came to street design decisions, a recent decision by New York’s highest court has thrown that into question. The court found that the City of New York can be held partly liable for a man’s death because they knew the road encouraged speeding and unsafe driving but they failed to study and implement measures to mitigate the risk.
  • “The ruling is being hailed as a “landmark” and “game-changing” decision by New York City nonprofit organization Transportation Alternatives.”
  • Bigger“Here’s what Transportation Alternatives said in its statement: The New York high court just ruled that the City can be held liable for failing to study and implement traffic calming measures, which the jury determined were a major factor contributing to the crash. In a 2004 incident, the driver was traveling at 54 mph on Gerritsen Avenue, which had a speed limit of 30 mph. Prior to the incident, the City had been advised by local residents, elected officials, and the Department of Transportation that speeding was common on the street, but that no sufficient speed study or traffic calming review was performed. The Court found the City liable for failing to adequately study and mitigate the road conditions that contributed to the speeding, stating that “an unjustifiable delay in implementing a remedial plan constitutes a breach of the municipality’s duty to the public.”
Jonathan Maus.

Jonathan Maus.

Jonathan continued: Experts testified during the trial that “it was known among traffic engineers that straight, wide roads” that lack pedestrian-friendly features “encourage speeding because drivers feel more comfortable on roadways with those characteristics.” The Court distinguished these types of thoroughfares from streets that have traffic calming measures in place, which “cause drivers to be more cautious” and “are known to reduce the overall speed on roadways. … The ruling is a major development because it means the City can potentially be held liable for unsafe street designs.”

Jonathan also got reaction from my fellow BikeLaw.com lawyer and Bicycling Magazine columnist Bob Mionske, who said the decision is a “watershed moment for cycling advocates.”

Here are Bob’s comments to Jonathan:

Bob Mionske

Bob Mionske

“Traffic violence is the issue for advocacy efforts and this decision opens the door to holding liable the only party who can make the changes necessary for a safer transportation environment. I applaud their decision as all cycling advocates should.” Bob said he thinks the ruling will lead to more lawsuits against public entities for unsafe road design which will in turn compel municipalities to make the roads safer.

“My guess is that the Turturro decision out of New York Court Of Appeals,” Bob said, “will be used as support in other jurisdictions, and we will see some jurisdictions agree with New York and others continue to apply their state’s sovereign immunity statutes, especially in states with ‘absolute’ state immunity.”

Thanks for reading,

Jim

James B. Reed
NY & PA Bike Crash Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com