Articles Posted in Bicycle Accidents

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!

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”!

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.

When I blogged yesterday about the Syracuse New York bicycle Accident case in which the bicyclist was abandoned at the scene with severe brain damage by a hit-and-run driver, I forgot to mention something that all New York bicyclists should keep in mind. No, it is not another safety tip. It is an insurance tip. Here me out Central New York cyclists!

The driver who struck our cyclist and left him lying there in the road obviously will not be providing auto insurance coverage to him. That’s called a “hit-and-run”, and of course, it’s a crime. But the fact that it’s a crime doesn’t help our injured cyclist. What would help him is some insurance coverage for his bicycle accident. But where can he find some? Here’s where: If our cyclist owns a car, or lives with a relative who owns a car, the auto insurance for that car will provide him with coverage for the hit-and-run collision. And even if he does not own a car, or live with a relative he owns one, a State-run fund called the “Motor Vehicle Accident Indemnification Corporation” (“MVAIC”) will provide similar coverage.

There are two types of coverage that will be provided either by the auto insurance or (if there is none) MVAIC: (1) no-fault coverage (up to $50,000 in medical expenses and lost wages, and (2) Supplemental Uninsured Motorist Coverage ( in the law business we just call it “SUM” coverage). SUM coverage provides a minimum of $25,000 to this injured bicyclist to compensate his pain and suffering as well as any medical expenses and lost wages beyond what no-fault covers.

In this great weather, I have been out on my bike almost every day for the last week – averaging about 30 miles a day, too. Not bad for a lawyer with a booming New York personal injury law practice as well as a wife and two kids.

I know cycling can be dangerous, but I love it, and it keeps me fit. When I am out on the road, admiring the stunning Central New York and Finger Lakes countryside, I do have, from time to time, some “scares” – a car that passes a little too close, a dog that runs out at me and forces me out into the middle of the road, or just dumb stuff I do to myself – like hitting a deep pothole that throws me off a bit.

From my bicycle accident cases, I get an up-close view of how cyclists can get injured through no fault of their own. And this gives me food for thought when I am out on the road.

I don’t know about you, but sometimes I just like to hunt around on the internet for neat sites to reference about my hobbies and passions. Since I am an avid bicyclist, as well as a bicycle accident injury lawyer, I was hunting around today for cites with information on bicycles and bicycling and even bicycle accidents and how to avoid them. I found a great bicycle site. This cite has just about everything you want to know (example: how to make sure your bike fits right), some things you didn’t know you wanted to know (example: unusual bike models), and some things you DON”T want to know (statistics for bicycling accidents and fatalities). The stats are pretty dismal. Here’s a sampling:

• One in every 20 cyclists is injured annually.

• A bicyclist on average has a minor injury every three years and a more serious every fifteen years.

Today’s spring-like weather made me want to jump on my bike for the first time since last fall. Unfortunately, work got in the way! Still, I am looking forward to another cycling season.

Unfortunately, bicycle season for me also means calls from desperate injured bicyclists and their families. About 52,000 bicyclists per year are injured in the U.S., and about 800 are killed. Every year, several bicycle injury lawsuits in Syracuse and Central New York are filed. Usually these cyclists have suffered severe injuries from car-on-bicycle crashes. When a bike meets a car, guess who wins?

My experience handling bicycle crash cases has taught me that most bicycle crashes are the car driver’s fault. Usually, the driver simply fails to see the bicycle. Still, there are many things bicyclists can do to minimize the chances that they will get hit by a car. I urge you, fellow cyclists, to do everything you can to avoid becoming one of Central New York’s bicycle accident victims!

A horrific bicycling accident took place in Onondaga County a few weeks ago. The poor guy was riding his “road” bike, that is, a racing style bicycle, along a State Route 20. He was doing everything right; had his helmet on, was wearing proper bright clothing, was riding on the right side of the road near the shoulder. As he approached an intersection, he was traveling a few car lengths behind, and to the right of, a car. Another car coming in the opposite direction allowed that car to pass through the intersection, and then, without seeing the cyclist, turned left into him. The injuries are horrible. This young man will be disabled for life, and will have a lifetime of pain and suffering. He will need major reconstructive surgery.

The case reminds me again of how dangerous bicycling on public roads is. It is a risk that I myself, and one of my partners, Lee Michaels, take on a regular basis — we are both avid cyclists. That’s one reason why we have become passionate central New York bicycle accident attorneys. Lee has had several close calls — and injuries, including fractures, from biking accidents. I have been luckier, but maybe that’s because I haven’t been biking as long. Why do we do it? Why does anyone do any hobby? We love it! It’s great exercise, you get marvelous views of the incredible Finger Lakes region where we live and work, and you meet great people with the same interest.

Yes, cycling is dangerous. But then again, so is life (you never get out of it alive!). The trick is to try to minimize the risks (but you can’t eliminate them all). One way to do so when bicycling is to realize that many motorists simply fail to “see” cyclists. We are invisible to them! To be on the safe side, we cyclists must always assume we are invisible. Unless you actually make eye contact with a motorist, don’t assume he sees you. Just because you have the right of way doesn’t mean you should go — ride defensively! For other bicycle safety tips, go to the FAQ page of our website .