Central New York Injury Lawyer Blog

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

I just read about a bicycle accident case from Texas that teaches New York riders a BIG lesson. The lesson? Preserve the evidence! Read on.

The biker recently filed a products liability suit against Trek Bicycle Corporation, the bicycle manufacturer, claiming his 2002 Trek roadbike's steering fork cracked, causing his handle bars to collapse, which in turn caused him to hit the pavement and suffer a severe brain injury. The poor guy has been in a coma ever since. (His family filed suit on his behalf). You can read about it here.

That's all I know about the case, but I can already tell you what Trek's defense will be. Either: (1) the biker misused or altered the bike, thus causing the crack in the steering fork at some time before the accident, or (2) the biker lost control of the bike, fell, and the crash itself caused the steering fork to crack and the handle bar to collapse.

If you have a curious mind, you might be asking, "how does this poor coma-stricken road biker beat trek? Doesn't he, as plaintiff, have the burden of proof? And how does he prove a defect in the steering fork made him go down if he is in a coma?

Answer: If his family preserved the bicycle without altering it and brought it intact to his bicycle accident lawyer, the lawyer can hire an expert engineer specialized in bikes to carefully examine the fissures in the steering fork, and the entire bike, for evidence of how the accident happened, and how the crack was formed. But if they tossed the bike out, or messed around with it, they will have destroyed the evidence, and they will never be able to prove the case.

Moral of the story? If you go down on your bike, are seriously injured, and suspect it was the bike's fault, don't mess with the bike! Get it to your New York bicycle accident lawyer. He'll get it to an expert engineer. That expert might even recommend that the steering fork be examined by a metallurgist, who will look with a microscope at the crack to better determine the cause. Was the metal too soft or brittle? Was there some microscopic defect in this piece of metal? If there is any manufacturing or design defect that caused this accident, Trek will be liable.

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

This past week I put in about 100 miles on my bicycle. And it wasn't enough! Why? Because I just could not get enough of all these marvelous Central New York fall colors.

Take a look at these recent fall photos on the Syracuse Post Standard webpage. Wow!

As a Central New York and Syracuse area bicycle accident lawyer, I appreciate safe bicycling practices. I am watching for wet leaves on the road, which can cause me to slip, skid and fall over. I am also wary of "leafers" - motorists who are out on our scenic country roads looking at the foliage. If they are looking at leaves, they won't be looking at me! As I have blogged about before, motorists often simply fail to see bicyclists. This is obviously even a greater danger when there is such an abundance of spectacular colors to distract them.

So fellow cyclists: Yes, get out there and enjoy the beautiful, Central New York fall foliage. But be on the lookout for two fall dangers: wet leaves and distracted drivers.

Keep safe!

Mike Bersani

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

My last Central New York injury law blog was about New York dog law and how it has no "teeth". It doesn't protect innocent bicyclists, pedestrians and runners from dog bites and dog attacks because it does not make dog owners pay for injuries their dogs inflict when they violated leash laws. I explained how in New York, unlike in other states, a dog owner is not liable for the injuries his dog causes to pedestrians, bikers, runners and others merely because he violated a leash law and allowed his dog to roam unrestrained. In New York this is not enough. You have to show that the dog owner knew or should have known of the dog's vicious tendencies, or of its tendency to run out after pedestrians, runners or bicyclists. This is sometimes hard to prove, because the dog owner will invariably deny that his dog ever did this before.

But, as usual after I publish a blog, I had a "I should-have-said" moment. In this case, I should have added an anecdote about a case I had a few years ago where the dog owner's insurance adjuster (with whom I was negotiating behalf of my client) did not know this rule. He, like many people, assumed that a dog owner would be liable for injuries caused by a dog when the dog owner disobeyed a leash law, thus allowing the dog the opportunity to attack a bicyclist, runner or pedestrian.

I settled the case with him and got my client a fair settlement, even though I knew I was able to do so only because the adjuster was ignorant about the law. Did I feel bad about that? Absolutely not; my client deserved the compensation, I did not deceive the insurance company about the law, rather, its adjuster was just too lazy to look it up, and the law in New York is so unjust that this "error" on the part of the insurance adjuster actually worked a justice.

Are there any lessons to be drawn from this story? There are three. First, sometimes justice can be done in unexpected ways. Second, don't assume insurance adjusters know the law. Third, play your cards close to the vest and you may get lucky.

I hate dogs. At least when I am on a bike or out running. I have a dog ("Pisca"), but she is not like those dogs. She does not run out after bicyclists and runners. I keep her inside unless I am walking her, and then she is leashed.

Maybe my view of the world is skewed because I handle a lot Syracuse and Central New York bicycle accident cases, where I see close up how lives, damn good ones, are destroyed by unrestrained dogs.

But I am not the only one who thinks dogs should be restrained. After all, many New York State local lawmakers agree with me. They pass "leash laws". Many dog owners apparently don't agree with me and the lawmakers, though, because they let their dogs roam free, leash laws be damned!

So here is my blog query for the day: What happens in a New York dog-on-biker attack, or a New York dog-on-runner attack, where a scofflaw dog owner lets his dog loose in violation of a local New York leash law? Can you sue the law-breaking dog owner to compensate you for the broken bones you suffered in your crash to the pavement from your bike, or to replace your broken bike, or to compensate you for the bite scars on your butt?

Amazingly, no, not usually! Not in New York anyway. Unlike many States, in New York State a dog owner is not liable for injuries caused by unrestrained dogs, even when the owner violated a local leash law, UNLESS the dog owner knew or should have known that the dog had prior vicious propensities, or had a tendency to run out after bicycles, cars or pedestrians. And if you don't believe me, here's a recent case from the highest Court in New York State that says so.

Wow. Sounds counterintuitive, doesn't it? Shouldn't the scofflaw dog owner be liable for breaking the leash law? Yes! And they are held liable in many States. But New York's dog law has - unlike New York's dogs -- no teeth.

Now compare New York's dog friendly law to Massachusetts' bicycle and pedestrian friendly law. Those lucky Massachusetts runners and bikers are protected by a statute, Massachusetts General Laws c. 140 s. 155, which makes a dog owner strictly liable for all bites and other attacks, including against bicyclists, as long as the victim was not trespassing, teasing or tormenting the dog. Under Massachusetts law, dog owners are not only required to restrain and control their dogs, they may be held liable for injuries resulting from their failure to do so, even if the dog had never attacked runners or other pedestrians, or bothered or chased down bicyclists before. You let your dog loose at your own risk, not the risk of others.

Apparently, New York prefers dogs to people. Or perhaps the dog owner lobby is just stronger than the bicyclist lobby. Whatever the reason, New York needs a leash law with real teeth, because , hey, that's what dogs have (believe me -- I've got a few scars to prove it!).

At my favorite Bike Shop (the Geneva Bicycle Center), I recently learned of a dog-on-bicyclist attack near Geneva, New York. Apparently, the dog charged out at the cyclist and caused her to fall from her bike and fracture her pelvis. That's a painful injury that will require lots of time to heal.

So here's my bog topic of the day: Can the injured cyclist hold the dog owner liable for her injuries? The answer, unfortunately, is only "maybe"! The basic rule in New York where a dog charges out into the roadway and causes a cyclist to fall is that the dog owner is legally liable only if he or she knew or should have known that the dog had a tendency to chase after or obstruct traffic. Take a look at the case of Alia v. Fiorina and you will see how a dog owner can beat a cyclist's case by testifying that the dog never chased down cars or bikes before.

So if you are the seriously injured victim of a dog-on-cyclist attack, how do you find out whether this was the first time the dog ever chased down a car or cyclist, or whether the dog had a history of doing so? Just ask the dog owner, right? Wrong!

If there's one thing I have learned from suing dog owners is that they are like parents; they feel their cute little Fido can do no wrong. Typical dog owner responses to his or her dog biting someone, or charging out at a cyclist, go like this: "Butch would never bite anyone - he must have been provoked". "Fido would never attack a cyclist --- he was just being playful and the cyclist must have over-reacted".

The way to find out the truth about the dog is to hire a skilled investigator to get statements from the neighbors, UPS driver, postal worker, and anyone else who frequents the house and the street or roadway where the dog lives. That's what the New York bicycle accident lawyers at Michaels & Smolak do when they are investigating a dog that caused a Central New York bicycle accident.

If you can hold the dog owner liable, the owner's homeowner's insurance will most likely provide coverage for the injuries, including payment of medical expenses, lost wages and pain and suffering. And if you are seriously injured, the extra money will come in handy.

If you are attacked by a dog while riding your bike, see a knowledgeable New York bicycle accident lawyer who knows how to properly investigate your claim.

O.K., I have a confession to make. I am a law breaker! Yesterday, for example, I blew through at least 5 stop signs. Why?

Because I was on a bicycle. Good excuse? Not legally. And as a New York Bicycle accident lawyer , I usually recommend that cyclists strictly adhere to the New York vehicle and traffic law. But come on! Is a cop really going to pull me over for rolling through a stop sign when I am on a bike!? Of course not. And am I endangering others (as a motorist does) when I roll through a stop sign without stopping? Of course not. So who am I endangering, if anyone? Only me. And actually, I don't' think I am endangering even myself! Let me explain.

The street I live on, Maxwell Ave, in Geneva, New York, is four blocks long. Each intersection is controlled by four-way stop signs. The City speed limit is 30 miles per hour. So when I take off for a ride down Maxwell, I don't stop at these stop signs (unless cars are coming). Instead, I slow down a bit, and look to my left and right (twice!) and just keep going. It's safe! Cars are going slowly, you can see them from far away, and they have to stop no matter which direction they are coming from, so there is plenty of time to react to them.

Why don't I just obey the law and stop? In a word, "momentum"! We Cyclist never want to give up that momentum we have worked so hard to gain. But to fully comply with the New York stop-sign laws, we would have to apply our brakes, pull at least one clip out of the pedal, and put a foot on the pavement. And lose all that momentum!

Traffic laws were made for cars. In a car-free biking world, stop signs would not even exist. Cyclists can, and do, slow down, look both ways, and proceed through intersections without endangering each other.

Idaho has it right. Its stop-sign law, first made law in 1982, and then updated in 2005, allows cyclists to treat stop signs as yield signs. If a biker looks, and no cars are coming, he or she is allowed slow down and roll through the stop sign. He or she is allowed to keep his or her hard-earned momentum!

Red lights are a different story. Stop! But stop signs, at least four-way ones, are different.

Unfortunately, New York (and the other 48 states) have not followed Idaho's lead, although San Francisco, and a few States, are considering doing so .

Fortunately, police rarely ticket cyclists who safely roll through stop signs, at least not in upstate New York.

I don't advocate careless, dangerous cycling. I see too many serious bicyclist injuries in bicycle-car collisions in my job as a New York personal injury lawyer. I am a strong advocate of safe biking practices. But let's be real. Almost no cyclists I know come to full stops at all stop signs. Let's make the law reflect reality in upstate New York.

I am a regular reader, and admirer, of Elmira bicycle accident attorney Jim Reed's New York Bicycle Accident Lawyer Blog. Jim is always one of the first to post updates on bike equipment recalls and changes in New York laws that affect cyclists. So I was not surprised to read Jim's blog post today in which he notified his readers, and me, about a new pro-cyclist New York bill (called "Merrill's Law") that is making its way through the legislative process in Albany right now. According to Jim, with a little luck, it will become law this November. The new law will require motorists to keep a "safe distance" from cyclists while passing.

Well gee, about time! Until now a motorist could legally bring his car within inches of your bike and, as long as didn't sideswipe it, he was not violating the law. That makes no sense! And as Jim and I both know from our years of representing New York bicyclists injured by cars, it makes for bad injuries, too. So it's a good thing the law is changing (we hope!).

This new law reminds me of a story my brother Tom Bersani told me. He, like me, is an avid cyclist. He took a trip to Italy a few years ago and brought his bike along. Under Italian law, motorists are required to keep a distance of 6 feet or so from bicyclists. As he was climbing a long, winding mountain road on his bike, a long line of cars trailed him. The motorists could not safely pass Tom while giving him the mandatory 6-foot distance, so they stayed behind him. When the road finally straightened out, Tom noticed that several car windows began rolling down as they passed him. He expected the Italian equivalent of a one-finger salute, or some Italian profanities to be hurled at him for slowing them down. But instead they shouted, "bravo, bravo, bravo!" They were congratulating him on his hill-climbing stamina! I guess Italians really love cyclists!

Hey, New York motorists, next time you pass a cyclist, don't just give him a "safe distance", give him a "bravo" as well!

Handling Central New York bicycle accident cases has its draw backs when you are also a bicyclist. It ruins your fun. You can't ride without thinking about the guy you are representing who may never walk again because a car at an intersection "didn't see him" and did him in. Or the guy who got pummeled by a dog that charged straight into his back wheel and sent him crashing to the pavement, causing traumatic brain injury (TBI).

So as I am out on the road trying to relax, I see every car as the enemy. Every dog is a potential lethal missile. My wife says I should either change professions or change pastimes. But if you know me you know I'll do neither.

And I wish I had a penny for every time I have heard a motorist who took out a cyclist say "I didn't see him" or "he came out of nowhere". Once the bike-striking-motorist gets lawyered up, it gets even better. At deposition he will say, "I looked carefully to the left, I looked carefully to the right, then I looked carefully straight ahead, then I made my turn, and --- boom -- there he was, out of nowhere"!

By the way, this defense doesn't work. In New York motorists are required not just to "look", but to actually see that which can be seen. No matter how carefully you claim to have "looked" if you didn't see that which there was to see, you are liable.

The interesting thing about this "I-didn't-see-him-even-though-I-looked" defense is that it makes cyclists out to be magicians. We can magically appear out of thin air! We can even make ourselves invisible! And we are especially adept at re-appearing right in front of the hood of cars! We are just dazzling, supernatural creatures, really.

What motorists who hit cyclists will find out, though, is that cyclists have even more magical powers than they thought. With a little help from good bicycle accident lawyer, injured cyclists can make money magically disappear from the negligent motorist's insurance carrier's pocket, and re-appear just as magically in the injured bicyclists' pocket. And that's a good thing. The cyclist will need that money because his magic, though truly marvelous, is not powerful enough to make his permanent, life-altering injuries disappear.

I read in the Syracuse Post Standard today that a 10-year-old skateboarder was hit by a car, and ended up pinned under it, at the intersection of Jasper Street and Highland Street in Syracuse. Firefighters had to jack up the car to free the unfortunate boarder. Fortunately, he suffered only a broken arm and some scrapes, which were treated at Upstate University Hospital. The experience must have been horrific, though. Imagine being stuck under a car!

As a Syracuse New York automobile accident lawyer, I have represented the parents of child-pedestrians with far worse injuries, including death. Nothing is harder for me than representing grieving or worried parents whose kids have been hurt or killed.

This recent Syracuse car-on-pedestrian (after all, a skateboarder is just a pedestrian on wheels!) collision should serve as a reminder to all motorists that "school's out for summer" and this means more kids, all day long, running, biking and skate-boarding around on our City streets. During the school year, car-on-child pedestrian accidents are "clustered" between 3:00 p.m. to 6:00 p.m., but during the summer months children are struck by cars all day long, even into the long, light-enhanced evenings.

Please keep a special lookout for kids this summer.