Saving the environment shouldn’t be so risky. The Binghamton Press & Sun Bulletin reported Wednesday that a car struck a bicyclist in Ithaca – with serious consequences for the bicyclist.

The collision happened at about 6 a.m. at the intersection of North Fulton and West Buffalo streets.

The car’s driver, Juan Sanchez of Horseheads, was ticketed by Ithaca Police for operating an uninspected vehicle and for failure to use care to avoid a bicyclist.

The bicyclist is in the hospital. His injuries were so serious he had to be flown to Robert Packer Hospital in Sayre.

I’m an avid bicyclist myself and a member of the Big Horn Velo Club. Our sister club to the North in Ithaca, the Finger Lakes Cycling Club (FLCC), members were buzzing this morning about the accident and their descriptions sounded horrible. The bike was unrecognizable, one member said. Another said that he knew the victim, Greg Laurey, and that he was in bad shape, with many broken bones and a concussion. “Stable,” his announced condition, sounds better than some diagnoses, but it’s a long way from being OK.

I made the opening comment about the environment because I’ve heard from FLCC members that this rider was making his morning commute to work. The poor guy was trying to do the right thing, saving the environment by commuting by bike to work and he gets crushed by a guy recklessly driving an uninspected vehicle. Please keep him in your thoughts today and as he starts recovery.

The Press & Sun Bulletin article ended with the information that Ithaca Police are investigating the accident and are hoping to witnesses will come forward. If you were there, or know someone who was, call the Ithaca Police Department at (607) 272-9973.

My best wishes to the injured cyclist and his family.

Thanks for reading,
Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

Just yesterday, I published a post about drivers falling asleep at the wheel and causing bad car accidents. Just today I read about a tragic wrongful death case where a Deputy Sheriff fell asleep at the wheel and crashed into a group of bicyclists…..

Two point three million dollars. That’s the settlement amount recently reached for one victim’s family in the aftermath of a shocking bicycle accident in California.

On March 9, 2008, sheriff’s deputy James “Tommy” Council says he fell asleep at the wheel of his patrol car while driving in the Cupertino foothills of Santa Clara County. His patrol car struck a group of bicyclists out on a practice ride. Two cyclists died, and another was seriously injured. Now, more than a year later, Santa Clara county has agreed to pay the parents of killed bicyclist 29-year-old Matt Peterson a $2.3 million dollar settlement.

“Santa Clara County settles suit in cyclist’s death after crash with sheriff’s deputy” (Tracey Kaplan, 6/30) relates how the county immediately took responsibility for the accident. Not that they had much choice. It would have come out eventually that Council was convicted in 2001 for involvement in a speed contest in Los Angeles county. He’s pleaded guilty to two misdemeanor counts of vehicular manslaughter and been sentenced to community service and house arrest.

I’m a member of the Multi-Million Dollar Advocates Forum. I’ve managed to bring in multi-million dollar settlements for personal injury and medical malpractice lawsuits in New York and Pennsylvania. Yet I know that that $2.3 million dollars is not going to compensate that couple for the loss of their son. It’s a real acknowledgement of responsibility, however, from Santa Clara County.

As an avid bicyclist, I love to take to the roads here in the Finger Lakes and in other beautiful places whenever I get the chance. There are safe ways to ride, precautions to take – I take them because wearing a helmet, minding the rules of the road are small efforts in return for the reward of well-being.

The story of this accident is so tragic because it came out of the blue. A sleeping deputy in a patrol car is not something a bicyclist can expect, something you can plan for.

Thanks for reading,
Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

It gave me chills to see the headline on a recent WETM news update: “Bicyclist Killed in Elmira Hit and Run‏.

About 1 a.m. on a recent Sunday morning, a bicyclist was hit and killed while riding his bike along Grand Central Avenue near Clemens Center Parkway.

The driver didn’t stick around, and there were no witnesses. That means there was no call for help, no first aid for the victim. He was found later on Sunday morning, by a pedestrian. It’s a horrible, gruesome thing to contemplate.

This story really gets to me for two reasons. One, I’m an avid bicyclist and I can’t help but be affected by a story like this. It’s frightening, a reminder of how vulnerable a bike is compared with a car.

Two, it upsets me because I handled the Steven Bacon hit-and-run case. Steven, age 17, was hit and killed by a car on Maple Avenue on March 22, 2007. The driver and – and passengers who were aware of the accident – didn’t come forward, and Steven’s body wasn’t discovered until more than 12 hours after the accident. I represented Bacon’s estate – the Ziff Law Firm fought for and won the limits on the insurance policies held by the drivers who caused his death.

I’ve blogged about the Bacon case before, and about the legislation it inspired, “Steven’s Law” that would make it a crime for a passenger involved in a hit-and-run to not report the incident.

About this recent Elmira case, all I can say is that I’m glad it looks as though the police were able to quickly track down the driver who hit this poor cyclist, leaving him to die on the side of the road with no help. There was debris from the hit-and-run vehicle at the scene. WETM reported that police believed the vehicle was a silver Dodge Durango or Dodge Dakota pick-up truck, with damage to the passenger side and the front bumper area.

Steven’s Law may not be on the books yet, but resolving a hit-and-run if you were a witness, passenger, or just have more information, is the human, decent thing to do. I hope the police had help from the public ID-ing this hit-and-run driver.

Thanks for reading,
Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

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Chemung County Sheriff Chris Moss and I recently taped a public service TV program about bicycle safety for Chemung Valley Health Watch.

The video is airing three times a week during April on Time Warner Cable Channel 1:

• 7:30 p.m. Mondays
• 7:30 p.m. Fridays, and
• 8:30 a.m. Sundays

Chemung Valley Health Watch asked us to to be a part of the program to raise awareness about bicycle safety. As a self-proclaimed “bike nut,” I was happy to oblige! My contribution was to explain some of the civil and criminal legal ramifications if a car strikes a bicyclist.

It was an honor to be on the show with Sheriff Moss, and I want to encourage everybody to watch the video during one of the broadcasts this month.

We’ll also be posting the video to the Ziff Law Firm website so it will be available all through the summer cycling season. You may also be interested in the specific category of “Bicycle Accidents” here on the NY Injury Law Blog.

One last thing – I suggest checking out the Elmira-Chemung Transportation Council’s “Traffic Safety Brochure.” The council has included a section, “Sharing the Road,” specifically about the bike/car traffic regulations.

Thanks for reading – and watching!
Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

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The New York State Governor’s Traffic Safety Committee makes a great point about bicycles on their website, SafeNY.com – because most people receive bikes as kids, there is an ongoing perception that bicycles are toys.

When you ride a bike on the road, however, it’s not a plaything. It’s a mode of transportation, subject to rules just like other vehicles. Under N.Y. law, bicyclists have the same rights and obligations of someone driving a car. That means, a bike has the right to use the entire road but it also means that the bicyclist has the same obligations of obeying the traffic laws of the state of New York.

Despite the fact that bike riders have the legal right to use the road, cyclists must be especially careful because they are very vulnerable in traffic. SUV vs. SUV could be a fender-bender, but what happens in the case of SUV vs. bicycle? The most likely result would be serious injury to the bicyclist.

As a NY and PA personal injury attorney and an avid bicyclist, I’m very aware of the issues and dangers surrounding bicycling on the roads in our region. And, since summer will soon be here, I thought a refresher about bicycle safety was in order:

• Wear a helmet. No duh, I know, and if you’re over 14, it’s not required by law. It’s tempting to give it a pass on a ride in a low traffic area, a hot day or anytime you’d rather not arrive at a destination with sweaty hair. OK, but even if you aren’t worried about your own brain, think about kids – any kid that sees you sans headgear is going to store that image away as proof that adults don’t think it’s necessary to follow the safest advice – why should he or she?

• Don’t let familiarity breed carelessness. You’ve heard that saying, most accidents occur within 5 miles of the victims’ homes? I haven’t seen statistics lately to prove it, but it makes sense. If your body knows the route, your mind can start to wander and that’s going to cut down your reaction time if something does go wrong.

• Give your bike a safety tune up. The New York State Vehicle and Traffic Law has a list of requirements for a road-worthy bike in New York. It includes braking ability, a horn or other warning sound maker, and specifics about reflectors and lights. When you are getting your bike ready to hit the road, check the safety features as well as the tire pressure.

Thanks for reading,

Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

Our laws go hand-in-hand with common standards of human decency. Sometimes, however, there isn’t a law to punish behavior that is dishonorable. That’s when responsible lawmakers step up and make changes to the law.

New York State Assemblyman Tom O’Mara has sponsored “Steven’s Law,” an amendment to NY’s Vehicle and Traffic law, inspired by a tragic local accident case that I handled.

“Steven’s Law” would make it a misdemeanor for a passenger of a vehicle involved in a NY personal injury accident to fail to report the incident as soon as possible.

The tragedy behind ‘Steven’s Law’

The statute was prompted by the case of 17-year-old Steven Bacon of Ridgebury Township in Bradford County, who was killed in a hit-and-run accident the night of March 22, 2007. Steven was riding his bicycle on Route 427 in Ashland when he was struck by a car driven by Kyle S. Bradley of Waverly. Bradley later testified he had swerved to avoid the passing vehicle of friend Andrew Zeller.

Bradley did not turn himself in until the next day. His passenger, Chris Knolles, did not report the accident either – and as reprehensible as that is, he had no legal obligation to do so.

Although Steven’s injuries were so severe that it is unknown if prompt medical aid would have made a difference, it was incredibly painful for his friends and family to know that his body was not discovered for more than 12 hours.

I have a connection to the case. I represented Steven Bacon’s estate and the Ziff Law Firm managed to settle for the insurance policy limits for the drivers who were responsible for his death.

Bradley was found not guilty on charges of second-degree manslaughter and criminally negligent homicide. The Elmira Star-Gazette reported that when Chemung County Judge Peter Buckley delivered the verdict, he said that although the issues to raise the accident to the level of criminal behavior were not present, “The crime (Bradley) committed was leaving the scene. It was a serious, terrible crime.”

Knolles knew as certainly as Bradley did that an accident had occurred. If “Steven’s Law” is enacted, it will be a punishable crime for passengers to fail to report an accident.

I commend Assemblyman O’Mara’s efforts to pass this legislation. When lives could be at stake, there’s no excuse for keeping silent.

Thanks for reading,

Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

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