Central New York Injury Lawyer Blog

As a Central Syracuse NY bike accident lawyer, I have seen first hand some nasty head injuries from fallen bicyclists. So I was not very understanding last April when my 13 year-old son informed me that it was so totally uncool to wear a helmet on a bike that he would rather not ride at all than put one on. Didn't I know that only nerds wear helmets? And didn't I know that if his buddies in our city (Geneva, NY) ever caught him riding with a helmet on he would be a laughing stock? Was I trying to ruin his life or something?!

I said, "nice rant, now put your helmet on.." And he said, "no helmet, no way".

I figured he would eventually cave. But he didn't. For a full month he did not ride his bike at all. When I finally realized that he meant what he said, that he would not "get caught dead with a helmet on", I capitulated. I let him ride his bike without a helmet.

Irresponsible parenting? Maybe. But my thinking was that I would rather accept the relatively small risk of him getting a head injury from a bike fall than accept the certain downside of his not getting good exercise by riding his bike all summer.

Then just last week I ran across a New York Times article that hit home. It made me realize that I was not alone in my "helmet dilemma". The New York Times reported that all successful city bike-sharing programs around the world (like the velib in Paris) have one thing in common --- no helmets required. By contrast, city bike-sharing programs with a mandatory helmet rule -- like the one in Melbourne, Australia -- have all failed.

The Times reporter explains::

In the United States the notion that bike helmets promote health and safety by preventing head injuries is taken as pretty near God's truth. Un-helmeted cyclists are regarded as irresponsible, like people who smoke. . . . On the other hand, many researchers say, if you force or pressure people to wear helmets, discourage them from riding bicycles. That means more obesity, heart disease and diabetes. And -- Catch-22 -- a result is fewer ordinary cyclists on the road, which makes it harder to develop a safe bicycling network.

Will I continue to wear a helmet myself when I bike? You betcha. And will I continue to try to convince my son to wear one, too? Absolutely. But will I suffer to see him not ride around town at all because he has to wear one? No I won't! Life is like that. Sometimes our ideals must give way to reality . . .

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central and Syracuse NY Bike Accident Lawyers
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

There are of course many Central New York bicycle accident lawyers. Some good, some not so good. But do any of them, besides us, have a bicycle team named after them? I think not!

Meet the Michaels & Smolak Racing team. Yes, the eponymous (look it up!) team in this photo proudly displays its "MSR" (Michaels & Smolak Racing) team jerseys. Michaels & Smolak is the lead sponsor for this team. The other sponsors are Syracuse Bicycle, Asmaster, Aspen Athletic Club, Dr. Jude Burke and Gold & Treasures. The race shirts also honor the daughter of one of our members who is a breast cancer survivor.

The MSR team is now 35 to 40 members strong. And its members hail from all over Central New York, including Baldwinsville, Skaneateles, Syracuse, Sylvan Beach, Cato, Geneva and Syracuse

The team is really more of a club. They compete in bike races and triathlons all over Central and upstate New York State, not as a team, but as individuals. When they win awards, they hope to be identified as MSR members. Many of them train together. Paul Ashbarry and Tim Walczyk, both great cyclists, organized and continue to assist the members in obtaining uniforms and in securing sponsors.

The team is not elite or exclusive. That's not our style, and we wouldn't want to sponsor a team like that. The goal is to train hard, race hard, but above all, have a good time. MSR does, however, include star racers in open and age group categories, such as Fred Bulkin (cyclist) , Gaetane Perrault (cyclist) Bret Ryan (triathlon), Bob Burton (triathlon), Ginny Burton (triathlon), Anne Marie Lozito (triathlon and open water swimming), Mark Gummer (open water swimming), Steve Corsello (triathon), Mike Wall (Cyclist) and Sue Michaels (triathlon, ranked number 1 for her age group in the northeastern USAT region, and 6th in the USAT in the USA). But anyone who loves bicycling and triathlons can join.

Next time you see a "peloton" of cyclers whizzing by with this jersey, think of us. And if you are interested in joining the team, just let us know!

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central and Syracuse NY Bicycle Accident Lawyers
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

I read with sadness today in the Finger Lakes Times that a 14-year old Clyde, New York teenager was struck and killed by a motor vehicle while biking to school this morning on Clyde-Marengo Road in Galen. This is sad, sad, sad. As the father of two teenagers, who both like to ride their bikes, and as an avid bicyclist myself, and just as a human being for crying out loud, my heart goes out to the family of the victim.

I have to say that this has been one of the worst years I can remember for bicycle injuries in this part of the Finger Lakes (Ontario County). Several deaths, several brutal injuries, including a guy with an amputated leg, and almost every one of them the cyclist was not at fault. I think about them every time I get on my bike, or one of my kids does.

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY bicycle accident lawyers
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

I was both surprised and delighted to spot an article in the Syracuse Post Standard titled, "Five Things Drivers and Cyclists Need to Know about Each Other". As an avid cyclist and a Central and Syracuse New York accident lawyer representing injured cyclists, I applaud the Post Standard for bringing to a wider audience some safety tips I have been blogging about for years:

For cyclists, (1) be predictable, not weirdly spontaneous, so motorists will know what you are about to do. You can be predictable simply by following the same rules of the road a motorist must follow: obey all traffic rules/laws, for example, drive on the right side of the road, stop at red lights and stop signs. (2) Imagine you are invisible (you are!) so that you drive totally defensively; (3) try to make eye contact with drivers at intersections; (4) watch out for those parked car doors opening!; (5) don't have music plugged into your ears (the law in New York requires you to have one ear un-plugged, but that's not good enough, keep them both free to help save your life!); (6) always wear a helmet (required by law for those under 14, but required by love-of-life for all); (7) be visible; where bright colors in the day, and use bike lights at night (I recommend flashing lights even in the daytime --- you are that much more visible - but remember to PRETEND you are INVISIBLE); (8) no sidewalk riding; (9) you are allowed to ride two-abreast, except when traffic wants to pass you, and then you must go single file.

For motorists: (1) Look out for us cyclists! Hey, we are here!; (2) Reduce speed when encountering cyclists; (3) give us room when you pass us! (4 feet at least); (4) if you can't pass us safely, wait!

Notice how many more safety tips there are for cyclists than for motorists? That's because if the cyclist makes contact with the motorist, the cyclist always "loses". Don't be a loser.

For a full list of legal requirements for bicycling in New York State, click here.

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Bicycle Accident Lawyers
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

A recent hit-and-run driver case in the Geneva NY area has some people wondering whether a downed cyclist or pedestrian will get more insurance compensation if the guilty hit-and-run driver is caught. The answer is probably not. Why?

First, in my experience representing Central New bicyclists and pedestrians in hit-and-run cases, hit-and-run drivers usually carry minimal insurance. They are usually irresponsible (that explains why they take off), have poor-paying jobs, and no real assets. All they can afford, or want, is the minimal coverage, which is $50,000 in "no-fault" and $25,000 in "bodily injury" (also called "liability") insurance.

Since this is the minimum insurance, everyone who owns a car in New York has at least that, including injured cyclists or pedestrians who own a car, or whose family member he or she lives with owns one. The injured cyclist/pedestrian automatically gets at least this minimal coverage from their own (or family member's) auto insurance if they are victims of a hit-and-run and the driver is not caught.

In other words, if the hit-and-run driver is not caught, the cyclist or pedestrian's own auto insurer (or their family member's) "stands in the shoes' of the hit-and-run driver and must provide no-fault insurance (up to $50,000 in medical and lost wage payments) and, at a minimum, $25,000 in "liability" coverage (coverage for pain and suffering and any lost wages or medical expenses beyond the $50,000 no-fault limit).

If he hit-and-run driver is caught, his insurance will become the primary insurer. It will pay the $50,000 maximum no-fault benefits instead of the bicyclist's or pedestrian's own auto insurer. So that's a wash to the injured cyclist or pedestrian. The same is true with liability coverage. If the hit-and-run driver is never caught, the injured cyclist's or pedestrian's own auto insurer provides a minimum of $25,000 in "uninsured motorist" benefits. If the driver is caught, the driver's $25,000 liability insurance kicks in, and the pedestrian/cyclist's own auto carrier is off the hook for this amount. The coverage to the injured cyclist/pedestrian is still the same. Again, it's a wash.

Some smart cyclists, realizing their hobby is somewhat dangerous, load up on something called "SUM" (supplemental under-insured motorist) coverage. Read about SUM at this prior blog post. If the cyclist or pedestrian has, let's say, $100,000 in SUM coverage, and the hit-and-run driver is caught, and the coverage on his car is only $25,000, then the cyclist gets $100,000 --- $25,000 from the guy's insurance, plus $75,000 from his own SUM policy (plus the no-fault benefits). But if the hit-and-run driver is never caught, the victim still gets $100,000 --- all from his own SUM policy (plus no-fault). Again, a wash.

The only way the cyclist or pedestrian will actual benefit financially from the hit-and-run driver getting caught is if it turns out the hit-and-run driver has more liability coverage than the cyclist/pedestrian has. For example, if the hit-and-run driver has $100,000, and the cyclist or pedestrian has only $25,000 in SUM, then cyclist/pedestrian gets the $100,000 (plus no-fault) whereas he would have gotten only $25,000 (plus no-fault) had he not been caught. But that, in my experience, is not likely to happen.

Cyclists, be safe. Protect your family. Load up on SUM coverage. It's a bargain. Just a few extra dollars a month. Far, far cheaper than, say, a disability insurance policy.

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Auto Accident Lawyers
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

The other day I blogged about a car-on-bicycle collision in the Gorham-Rushville NY area. A hit-and-run driver knocked Kevin Royston, an avid cyclists, off his bike and into a ditch where a passing motorist spotted him and called for help. His leg, broken in four places, has now been partially amputated.

The Geneva Bicycle Center along with Kevin's family and friends are now offering an $11,000 reward for information leading to the arrest and conviction of the hit-and-run driver. Michaels & Smolak now adds $1,000 to that pot of reward money, making the total $12,000. Why?

Some of Kevin's friends feel that he will get better insurance coverage if the hit-and-run driver is caught, but they are probably wrong. The coverage will probably be the same. So that's not why we are chipping in. (If you are interested in knowing why the coverage probably won't change, click and read here).

Here's my explanation: First, I am a fellow Geneva NY area bicyclist, and I have biked that very road before. There but for the grace of god go I! I feel personally invested in catching this selfish, scum-of-the earth motorist. Getting hit from the rear on my bike is my personal bogyman because, as a lawyer who represents injured bicyclists, I know all too well the lay-of-the land ---- distracted drivers texting, navigating, talking on the phone, dialing, reading email -- you name it, and I've seen it.

Second, there are two aspects to our system of justice: civil (being able to sue for compensation) and criminal (punishing the wrongdoer with, among other things, jail time). We are most concerned about the second kind of justice. What this hit-and-run driver did is a crime deserving of severe punishment. He left Kevin there to die! He did not care that his injuries might have been life threatening, or that no one would have found him in that ditch! All he cared about was saving his own skin. A message must be heard loud and clear in the entire region that reckless motorists who kill and injure cyclists or others, especially cowardly hit-and-run criminals, will be punished. We can't let this guy get away with it!

So that's why Michaels & Smolak is adding $1,000 to the "pot" of money rewarding anyone who provides information leading to the arrest and conviction of the hit-and-run driver who cost Kevin his leg. If you have any information at all, call us, or better yet, call the Ontario County sheriff''s Office at (585) 394-4560.

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Bicycle Accident Lawyers
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

Just read in the Finger Lakes times that a bicyclist was rear-ended on Townline Road in Gorham, Ontario County yesterday evening. The at-fault driver sped off and left the cyclist down and injured. Unacceptable! What a jerk!

Deputies are asking anyone with information to call the Ontario County Sheriff's Office at (585) 394-4560. If you have any, please do!

This accident represents my own personal biggest fear when riding; getting nailed from behind. I can't see the motorists approaching me from behind, and have to just hope and pray they are not texting or otherwise distracted, and that they see me. To better my odds, I use a flashing red light on the rear of my bike, even in daytime, just to catch their eye, and, of course, bright clothing.

Yes, I am an avid cyclist, and have cycled that same road where this accident happened many, many times (I live in nearby Geneva). But I am also a personal injury lawyer who represents injured cyclists. So here's a little information for this injured cyclist, if he happens to read this blog post, or for any other bicyclist who falls victim to a hit-and-run driver:

Even if the hit-and-run driver is never apprehended, the cyclist will (with the help of a personal injury lawyer knowledgeable about hit-and-run insurance claims) get insurance coverage for his medical expenses, lost wages, and even pain and suffering. How?

First, if he or any family member he lives with owns a motor vehicle, that vehicle's insurance will have something called "supplemental uninsured motorist" ("SUM") coverage, which covers hit-and-run accidents. But even if neither the injured cyclist nor anyone who lives with him owns a motor vehicle, he can still get insurance coverage through the New York State's Motor Vehicle Accident Indemnification Corporation (Called "MVAIC"), which is specifically set up to provide insurance benefits to pedestrians, bicyclists and motorists who are injured by uninsured motorists or hit-and-run drivers.

By the way, if you cycle, you should buy as much "SUM" coverage as possible. It's cheap and protects you not only from hit-and-run drivers, but also from drivers who injure you but have small insurance policies. Your own insurance will step in where the other guy's falls short. Read this previous blog post for more information.

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Bicycle Accident Lawyers
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

The Syracuse Post Standard reports, in an article titled, "Oswego County Motorcycle Deaths Increasing", that three motorcyclists have been killed already this year in Oswego County, and we are only in April. This totals more than the full-year of motorcycle fatalities in 2008, 2009 and 2010.

Why? Warm weather has meant more bikers out earlier and, as the Post Standard notes, "drivers may not be prepared to see them".

But the warm weather is not the only factor responsible for more motorcycles on the road: high gas prices have pushed more motorists to switch to motorcycles. As a result, motorcycle registration is up all over New York State, including in Oswego County.

In the long run, more motorcycles on the road is good news for bikers. That's because there's safety in numbers. If car and truck drivers get used to seeing lots of motorcycles, they will be looking for them, and avoid colliding into them, with greater frequency.

I didn't just make up this "safety in numbers" theory. (Wish I could take credit for it). Proven examples abound, especially with regard to bicycles When the number of bicycle trips increased by 72% in Finland there was a corresponding 75% drop in the number of cyclists deaths. Another example: Between 2000 and 2008, the number of bicycle trips made in London doubled, but during the same period of time serious bicycle injuries declined by 12%. Similar studies have been conducted in other cities.

Still, motorcycles are a minority on our roads, and are likely to remain so unless and until gas prices get obscenely high -- say $10 per gallon. And their minority status is what makes them so hard for other motorists to notice. So until that 10-dollar-a-gallon day of reckoning comes, watch out for those cars, because they sure as hell ain't watchin' out for you!

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Motorcycle Accident Lawyers
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

The first automobile accident in the United States was in New York City in 1896, when a motor vehicle collided with a bicyclist, causing the cyclist to break a leg. And that was just the beginning. From there, it was downhill for cyclists.

When a motorist and cyclist collide, the cyclist invariably bears the brunt of the damage. But the truth is that's just the beginning. After the cyclist is injured or killed because of some distracted motorist's negligence, the police often find some way to ride roughshod over the cyclist in their accident reports. From my experience representing injured bicyclists throughout the Syracuse and Central New York area, I can say that the police often seem to find a way to blame the cyclist and pardon the motorist. Forget about the forensic evidence at the scene --- the police are likely to sympathize with, and believe, the motorist's excuse that the cyclist "just came out of nowhere".

Like most people who drive cars but don't ride bikes, police tend to have subconscious biases in favor of motorists and against cyclists. And unless you have a good New York bicycle accident lawyer who knows how to carefully screen juries for anti-cyclist or anti-motorcyclist prejudice, the jury will likely do you in, too.

But let's just talk about those biased police reports for a minute. The New York Times reports that cyclists and their allies are taking a stand against them. Enough is enough, they say. The galvanizing force for this uprising is the NYPD's handling of the death of cyclist Mathieu LeFevre, who bit the dust when a flatbed truck crushed him. The driver, who appears to have clearly been at fault, was not charged with any crime.

The cyclist's family, outraged, "foiled" (made a freedom of information law request for) the police file, but were denied access. The family then sued the police, which spurred them to hand over some, but clearly not all, the file materials. How do we know? Because the materials contained no accident scene photos, which is unheard of in a fatal motor vehicle accident. But wait --- the police had a good excuse ---- the investigator's camera was broken! Gee, that was sure bad luck, right?

Well, not really. During a later hearing, the NYPD released the accident scene photos it claimed not to have had! Guess the camera wasn't so broken after all.

Enough is enough already. Let's level the playing field for bicyclists. I believe that, just as police should be educated about their own racial and ethnic biases, and trained to overcome them, so too should they be trained and educated about their pro-motorist and anti-cyclist biases, so that they can overcome them. Hey, maybe they should all have to do 100 hours on a bike per year, just to see the world from a cyclist's perspective.

See this related blog post:

Upstate NY Bike Accident Lawyer On Anti-Bicyclist Bias

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Bicycle Accident Lawyers
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

Fellow New York Bicycle accident attorney Jim Read reports in his blog that a Bill making its way through congress would, if made law, remove bicycling from the federal transportation program. As Jim notes, it would set us bicyclists back many years in our efforts to get government roadway designers and planners to consider bicyclist safety when designing and upgrading roadways.

The Bill is called "the American Energy and Infrastructure Jobs Act". Among other things, the proposed law would allow states to build bridges without safe access for pedestrians and bicycles and eliminate bicyclists' status and standing in the planning and design of our transportation system. This heavily auto-biased program would also endanger funding for our safe paths, bike lanes and bikeways.

If you are a bicyclist and want to stand up for your rights, go here to find your local representative and send them an urgent message.

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Personal Injury Lawyer
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

I read an interesting article in the New York Times today titled, "A new Breed of Lawyers Focuses on Bicyclists' Rights." The article focuses on a group of NY City Bicycle lawyers who are fighting a perceived NYPD prejudice against City cyclists. Cops have issued tickets to cyclists for not keeping right, which is the law in New York State generally, but not in New York City. Cyclists are also getting a lot of tickets for moving out of the designated bike lanes, even when they need to move out of the lane to avoid obstacles.

None of this really applies much to what I do as a Central and Syracuse New York bike accident lawyer, except for one thing: In a car-on-bicycle collision, I believe police tend to "blame the cyclist" more often than not, up here as well as down there. Many motorists, and police officers, feel deep down that cyclists are merely "in the way" of traffic, and should be able to avoid motorists.

Most people harbor this prejudice against cyclists because they aren't cyclists, but motorists. As motorists themselves, people generally, and cops particularly, tend to side with motorists to the detriment of cyclists.

Imagine a world where 98% of the population cycled, and only about 2% drove cars. In that world, cops and others who were not motorists themselves, but rather cyclists, would tend to blame the motorist in a car-on-bike collision. They would "feel" for the cyclist, not the motorist. But things are, in fact, exactly the opposite, which explains why cops, and others, tend to blame the cyclist.

Only an experienced New York Bicycle accident lawyer can undo the harmful effects of this hidden prejudice. Through a careful investigation of the accident scene, and interviews with witnesses, and a thorough review of New York bicycle law, the truth can prevail in Court. Much attention must also be paid to educating the jury, during jury selection, about this hidden bias so that they can consciously fight against it when deliberating about who was at fault.

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Personal Injury Lawyer
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

Today was "bike to work day", and as an avid bicyclist and a Central New York bicycle accident lawyer, I couldn't resist snooping around a bit on the web to see what I could find. I stumbled upon an interesting article about bike-on-car crashes on NPR's website entitled, "When Bikes And Cars Collide, Who's More Likely To Be At Fault?"

The article recites the fact that bicycle-on-motor-vehicle collisions in the U.S.A. take about 600 cyclists' lives a year and injure about 51,000. The article then discusses several studies that have attempted to determine whether cyclists or car operators are more often at fault. Answer? It depends. Different studies have reached opposite results. Overall, though, it appears that cars are slightly more likely to be at fault. This surprised me. In my experience representing injured cyclists in Central New York, the motorist is far more often at fault.

The most interesting part of the article, though, was a discussion regarding the most common types of car-on-bike crashes. The winner? Bicyclists getting rear-ended by cars. This validates my fear, which I blogged about before, of cars approaching from behind me on narrow, shoulder-less roads.

Best of all, the article links to another site that maps out pictorially the 5 most common types of car-on-bicycle collisions and how to avoid them. Each type of car-on-bike collision is given a name: "The left cross, the right hook, dooring, parking-lotted, and overtaking". This site is a must-read for all cyclists because, once you see the illustrations of how most bike-on-car collisions happen, you can better avoid them.

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Personal Injury Lawyer
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

I have a confession to make. I'm a law breaker. Wait, wait! Before you turn me in, let me explain!

You see, New York bicycle law requires cyclists to follow the same rules of the road as cars and other vehicles. That means riding on the right side of the road. But some of those country roads out here around Geneva, NY, where I live, and Auburn, NY, where I work, have no paved shoulders. That means you have to ride on that white line (called the "fog line") that delineates the edge of the highway. And that in turn means that cars passing me from behind at 55 miles per hour come too close for comfort. If they see me, they usually mosey on over to the left a bit. But what if they don't see me because their eyes are glued to their cell phone? And what if they veer off just a little to the right . . .?

Well, excuse me for not wanting to end my life as a hood ornament.

Yes, I am paranoid. Not my fault: I am, among other things, a New York car and bicycle accident lawyer. My job representing victims of Central New York and Syracuse bicycle and auto accidents teaches me that, with all the electronic devices available these days, drivers are just not looking where they are going anymore! I have three police reports on my desk right now - one where the driver was texting and slammed into a car stopped and waiting to turn left into a driveway on Border City Road in Waterloo, NY. The offending driver was texting. The second involves a driver who was texting, veered into the oncoming lane, and hit the oncoming car head on in Geneva, NY. The third involves a pedestrian walking down Routes 5/20 in Junius, NY when a driver, who was texting, veered off to the shoulder and took her out.

With all that pain, suffering, injury and yes, death, weighing down my desk -- and my mind -- every day, can you blame me for wondering -- as cars whiz past me from behind -- whether I prefer cremation or burial?

New York bicycle law was written before the era of distracted driving. That law still makes sense, but not always. And there is a higher law - the law of survival. So I sometimes scoot on over to the other side of the road, in violation of the law! That way I can see the cars coming at me, which may give me time to avoid a collision -- or at least to say a Hail Mary before I leave this world (hey - I was brought up Catholic and will probably end up, in that last nanosecond, where I started).

Please don't tell anyone - it'll be just our little secret.

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Personal Injury Lawyer
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

As my readers know, I am a Central New York personal injury lawyer who loves to cycle and run along the beautiful roadways around Geneva, New York, where I live, and Auburn, New York, where I work. I like to call myself the "Finger Lakes bicycle accident lawyer", but that's somewhat of an exaggeration, since I handle a lot of other kinds of accident cases as well. Fortunately, there are not enough bike accidents in the Finger Lakes for a lawyer to make a living just representing injured cyclists.

The Finger Lakes provide a stunningly gorgeous background to my workouts. But nothing is perfect. Those same run and bike routes are strewn with some very nasty, aggressive dogs. It seems that some folks who live far out in the country don't mind if their pets make mincemeat of bicyclists and runners.

My last post was about dog-on-bicyclist confrontations, and how bikers should deal with them. I said there was no consensus among cyclists about how to handle vicious dogs that run out at you on your bike, and asked other riders to give me their views.

And Jim Hogan responded. Who's he? Jim is the owner and manager of the Geneva Bicycle Center, the best dang bike shop in the Finger Lakes area, and I mean including Syracuse and Rochester. Jim not only sells bikes, he lives, breathes and rides the hell out of them, both road bikes and mountain bikes, and has been doing so for decades. I personally believe he was born on a bike seat, though I have no proof.

Here's what Jim says:

I would add 3 thoughts. When speaking to dogs, they understand 2 things, like small kids - mean, finger pointing voice and sweetie high pitched voice. If you are going to verbally deter, point a finger strongly with furrowed brow and bark a loud authoratative "No!" then immediately switch to the "sweetie, good doggy" voice. The confusion is visible. Also, when forced to jump off ALWAYS take the offensive immediately by charging with the bike swinging back and forth but still in front. Don't stop at the edge of the road. Chase a coupla feet onto their yard. It really, really works. As you get back on the bike, keep pointing and yelling. Almost every dog has had discipline similar to this from the owner. The "dog mace" (Called "Halt") is a life saver in a really bad situation and I have had no less then10 unsolicited testimonials about the stuff including a postal carrier who swears he is alive because of it (it is issued to all USPS carriers).

So there you have it. After I read Jim's email, I immediately bought a few cans of "Halt". Jim has them for sale at his Geneva Bicycle Shop. Thanks, Jim, for the advice. Next time Fido makes his move, I'll be ready for him. As a famous former president once said, "bring it on"!

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Personal Injury Lawyer
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

Anyone who has bicycled on Central New York's beautiful country roads, as I have, knows about the dangerous dogs lurking out there in the most pristine areas. And many of us have ended up in a ditch, or on the pavement, bloodied or with puncture wounds, because of it. Some of us have even been seriously injured and I (in my capacity as Central New York dog attack lawyer!) have been honored to represent them against the dog owner. Unfortunately, run-ins with dogs are part of cycling in the Central New York countryside.

As a Central New York personal injury lawyer and cyclist who has handled New York dog-on-bike cases, I have come to the conclusion that there are three main dangers in every dog-on-cyclist encounter: (1) the dog can bite you; (2) the dog can get caught up in your spokes and cause you to fall; and (3) the dog can divert your attention away from careful riding, and thus cause you to get hit by a car or fall from your bike. This last danger is the most serious one, but the one most cyclists overlook.

There is no universal agreement among cyclists about how to deal with a belligerent dog hovering close to foot or wheel. Here are the main categories of advice riders will give you: (1) ignore the pooch and keep riding as fast as you can; (2) spray the killer with your water bottle (the shock of the cold water will stop him dead in his tracks); (3) carry a can of "mace for dogs" with you and really teach the dog a lesson; (4) unclip the closest foot and kick him hard; (5) grab your bike pump and swing it at him, at least threateningly, if not to kill (5) if he is really close and might get caught up in your bike, slow down and, if necessary, get off your bike, put the bike between you and the dog to protect yourself, and then slowly talk your way out of the situation.

My modus operandi is a combination of (1) and (2). I ignore him, and try to talk him down, unless I really feel he is going after my foot or my wheel, and then I start spraying him with water. I have toyed with the idea of getting some dog mace, but then I realize it would only be for revenge, not self-defense.

Spraying the dog with anything at all may be a mistake. I have to admit, when I grab that water bottle, and am concentrating on spraying the dog while steering with one hand, I have come close to losing control of my bike and falling or veering into the other lane. In my worst dreams, I see myself crashing to the pavement, and then the dog locks his foaming jaw onto my bloody body parts and makes a cruel lunch of me. Or I see myself and the dog drifting over into the oncoming lane of traffic and --- splat --- the dog and I become a harmonious, twisted hood ornament.

As for number (4), I have never tried kicking the aggressor. Sticking my foot out toward a frothing canine mouth bejeweled with pointy teeth is not my idea of smart cycling. First, you can't pedal without that foot, so you can't make a fast getaway. Second, the bitch (or son of a bitch as the case may be) might get lucky, latch onto my toes, and gnarl his way up my leg.

As for number (5), the last thing I want to do is dismount and confront a barking, growling, angry dog on his territory. I could be stuck there for hours, pacing around with nothing but a bike between me and an animal that wants me for lunch.

If any of my readers think they have "the" solution to the biker-on-dog confrontation, let me know!

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Personal Injury Lawyer
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169