Comments on: Asleep at the Wheel, Deputy Causes Deaths of California Bicyclists http://www.zifflaw.com/NYInjuryLawBlog/sleeping-deputy-causes-deaths-of-california-bicyclists Legal Answers from Lawyers Who Know New York & Pennsylvania Law Mon, 26 Jul 2010 13:58:50 +0000 hourly 1 http://wordpress.org/?v=3.0 By: Gerry Oginski http://www.zifflaw.com/NYInjuryLawBlog/sleeping-deputy-causes-deaths-of-california-bicyclists/comment-page-1#comment-23855 Gerry Oginski Thu, 09 Jul 2009 14:11:13 +0000 http://www.zifflaw.com/NYInjuryLawBlog/?p=1721#comment-23855 Jim- you are 100% correct. As a fellow bicyclist you have an obligation to make yourself be seen. Most good bike riders wear a helmet- it's a given. They will also wear reflective clothing to make themselves more visible. On top of that, good bike riders will use blinking or flashing lights so cars behind them will see them. Importantly, in New York, a driver is obligated to see that which is there to be seen. Failure to observe a bike rider who is properly outfitted and has done everything possible to improve and increase their visibility, runs the very good chance they will be held liable for not seeing the bike rider. Of course, falling asleep at the wheel is inexcusable. <abbr><em>Gerry Oginski’s last blog post..<a href="http://www.oginski-law.com/blog/beware-of-the-medical-expert-consultant.cfm" rel="nofollow">Beware of the "Medical Expert" consultant</a></abbr></em> Jim- you are 100% correct. As a fellow bicyclist you have an obligation to make yourself be seen. Most good bike riders wear a helmet- it’s a given. They will also wear reflective clothing to make themselves more visible. On top of that, good bike riders will use blinking or flashing lights so cars behind them will see them.

Importantly, in New York, a driver is obligated to see that which is there to be seen. Failure to observe a bike rider who is properly outfitted and has done everything possible to improve and increase their visibility, runs the very good chance they will be held liable for not seeing the bike rider.

Of course, falling asleep at the wheel is inexcusable.

Gerry Oginski’s last blog post..Beware of the "Medical Expert" consultant

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