Articles Posted in Bicycle Accidents

I have a love/hate relationship with dogs. I love my dog, but I hate dogs who chase me on my bike or who snarl at me on my runs. When I go bike riding out on the country roads near Geneva, NY where I live, I even carry a small pepper spray canister to defend myself from man’s best friend.

Yes, I protect myself from “unleashed” dogs.  But unfortunately, New York State negligence law does not.  Believe me.  As a NY personal injury lawyer who handles dog bite / attack cases, I know first hand!

The problem in New York – unlike in other states – is that to hold a dog owner liable for injuries, you need to show the owner knew or should have known the dog had “vicious propensities”. If you do, the owner is “strictly” liable to you for your injuries.  That’s all well and good where a dog with a history of biting or attacking bites you, but not much else.

Well, spring is finally here (I think . . .)! Yesterday I pulled the bike (bicycle) out, cleaned it up, lubed the chain, and I’m ready to roll. (That’s me on my bike in the photo!) What about you? Ready to roll?

Before you get out there and become a moving target for distracted drivers, remember these safety tips:

LOCK EYES WITH THOSE GUYS: At intersections and driveways, try to “lock eyes” with motorists to be sure they see you. Don’t assume they see you. Assume you are invisible. Unfortunately, to many motorists, you are!

I’ve recently been blogging about New York bicycle law and how to investigate and prove bike accident cases in New York. Today I am going to answer a common question I get from other cyclists.

Because I am both a New York personal injury lawyer and an avid bicyclist, my biking buddies often ask me about bicycle laws in New York. One thing they often want to know is whether it legal for them to “take the lane” rather than stay to the far right.

The answer is “sometimes”. Section 1234(a) of New York’s Vehicle and Traffic Law (not applicable in New York City) provides that, “upon all roadways, any bicycle . . . shall be driven either on a usable bicycle . . . lane or, if a usable bicycle . . . 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. Conditions to be taken into consideration include, but are not limited to, fixed or moving objects, vehicles, bicycles, in-line skates, pedestrians, animals, surface hazards or traffic lanes too narrow for a bicycle or person on in-line skates and a vehicle to travel safely side-by-side within the lane.”

In my recent blog post about how bicycle accidents happen, I promised to blog next about how to properly investigate a bike accident to prepare a New York bicycle accident case against the at-fault motor vehicle driver. I keep my promises!

The first rule is to preserve the evidence. This is important not only to prove your case, but also to prevent the defendant from later arguing that your case should be tossed out because you destroyed evidence. So save the bike! Don’t use it or fix it. Preserve it!. The damage to it may help show where the car struck the bike and the force of the impact among other things.

Of course you should get any police accident reports. Equally important, but more time consuming, go to the scene and explore it carefully. Bring a camera and photograph and film everything in sight. Look for skid marks. Have an accident reconstructionist or investigator with you to take measurements. Have someone take a video as he or she rides or walks along from the cyclist’s point of view. Do the same, from a similar car, for the driver’s point of view. Look to see if it should have been obvious to the driver that there would be bikes and pedestrians in the area. For example, are there marked bike lanes? Are there sidewalks or crosswalks?

Yeah, that’s yours truly in the photo (at the Geneva NY MusselmanTriathlon a few years ago). No, I didn’t win anything, not even for my age group, but yes, I had fun trying!

With all this great weather we’ve been having here in the Finger Lakes, I’ve been getting out on my road bike quite a bit. I try to cram in two or three 30-milers during the work week and one long one on the weekend.

Since I’ve got cycling on my mind, my next few blogs will thus be about cycling accidents, how to prevent them, and, god forbid, if you are hurt in one, how your lawyer should build your case.

As a cycling enthusiast, and a New York bicycle accident lawyer, I am proud to have been recently selected by the New York Bicycling Coalition to provide New York bicycle accident advice and information for residents of the New York State counties of Oswego, Madison, Onondaga, Cortland, Cayuga, Oneida, Herkimer, Otsego, Schoharie, Montgomery, & Fulton Counties.

Wait. What is the New York Bicycling Coalition? Glad you asked. Its mission is to ensure that bicyclists in New York State are safe, respected, and fully integrated into the transportation system, and that laws and funding are in place to make it so. They also provide education and advice to bike advocates and groups. In sum, the coalition provides a voice for the interests of people who, like me, ride bikes!

Three other New York bicycle accident lawyers have been selected to cover the other New York Counties. They are:

Yesterday the sun peeked out from its cloudy winter hide-away, prompting me to go for a noon-time run in shorts and a t-shirt. Alas, today winter blasted back, closed our local schools, and kept me at home working from my computer. For my workout today I donned my cross-country skis and traipsed through some nearby woods.

But yesterday got my mind on spring. My daily workout will soon include bicycling. In the good weather, I try to put in at least 150 miles a week on my road bike.

I have a steady companion when I am out on the roads on my bike; fear. Why fear? Because I am a New York bike accident lawyer. Because many of my clients lives have been destroyed by a car or truck. Because one of my cousins was killed on bike last year. And because I personally have had some close calls.

I just love it when I’m right!

Last year I blogged about the Court of Appeals (highest court in NY State) case of Hastings v Suave where the Court made an exception to the general rule that, if an animal harms someone, the owner can be held liable only if he knew or should have known that the animal had “vicious propensities”. The issue in that case was whether a farmer could be held liable for negligently allowing his cow to stray out into the road and cause an accident. Obviously cows are not “vicious”, so under the general rule the farmer could not be held liable for the harm.

The wise Court saw the need for an exception to the rule, and held that “a landowner or the owner of . . . a farm animal . . . may be held liable where the animal is negligently allowed to stray from the property on which the animal is kept even when the animal did not display ‘vicious propensities'”.

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.

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 Bersani Kalabanka Racing team. Yes, the eponymous (look it up!) team in this photo proudly displays its “MSR” (Michaels Bersani Kalabanka Racing) team jerseys. Michaels Bersani Kalabanka 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

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