Author Archives: brkehoe

NYBC Supports Efforts to “Connect the Putnam Trail”

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New York Bicycling Coalition works everyday to provide a coherent, credible voice for the interests of all bicyclists, which includes providing assistance and support to local advocacy coalitions who seek changes to improve safety, education and access for road and trails users.  NYBC supports the efforts of local advocates to refinish the Putnam Trail through Van Cortlandt Park with a paved bike facility – and crushed stone running surface – properly connecting Westchester’s fully paved, multi-use North-South County Trailways to it’s Bronx terminus. Please see below for a perspective on the project from NYBC advocates Rich Conroy and Neile Weissman, and a link to a petition started by the Facebook group “Connect the Putnam Trail.” – Josh Wilson, NYBC Executive Director

A coalition called “Connect the Putnam Trail” – led by Bike the Bronx, Bronx TA Committee, Bike New York, and local activists – has created an online petition to urge the NYC Department of Parks and Recreation to follow through with their plan to extend and pave the Putnam Trail.  According to the coalition, the Putnam Trail will be a greenway that will run from Van Cortlandt Park’s northern border to West 230 Street (a block from Broadway). It will accommodate cyclists, walkers, runners, skaters and those wheelchair bound. This trail once renovated will connect the Bronx greenway system to the South County Trail in Westchester. It will also connect to Manhattan’s Hudson River Greenway via the East Coast Greenway on-street bike route.  – Rich Conroy, Bike New York

Supporters can sign the petition here
Visit “Connect the Putnam Trail” on Facebook here

Rich ConroyRich Conroy at Bronx Community Board #8.  Photo by Neile Weissman

 

 

 

NYBC advocate Neile Weissman made the following remarks to local media and before the Bronx Community Board #8 Committee on Parks & Recreation.

I lead 50 bike rides per year for New York and Westchester cycle clubs.  Many along the North/South County Trailways which connects Brewster, NY to Westchester’s southern border with the Bronx — and putatively, down the Putnam Trail to its historic terminus in Van Cortlandt Park.

But, given the Trail’s frequent state of disrepair, particularly following rain, I route around the Park, onto Webster or Broadway for the final leg.  Both high traffic alternatives to otherwise car-free rides. 

Putnam Trail 1

From a commuter perspective, the fully paved, multi-use Trailway links millions of residents in Putnam, Westchester and Bronx counties — and via subway to the Manhattan, Brooklyn and Queens.  It is the single most important piece of bicycle infrastructure in the tri-state area and it is therefore unconscionable that the final mile be completed in anything other than consistent manner.

On the contention that the replacement Trail be finished in crushed rock, I have ridden innumerable crushed rock paths in NY, NJ and CT.  Some are excellent, owing to diligent maintenance.  Others are quite hazardous.   And the Parks Department has flat out declared they will be unable to maintain a crushed rock surface.

All users who access the Trailway-Park have rights to a COMPLETE facility: serviceable to wheelchairs-cyclists as well as runners-hiker; durable in the face of extreme weather events; indifferent to benign neglect.    Thank you.  – Neile Weissman

 

Happy Bike Spring!

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Submitted by NYBC Board President Paul Winkeller

“Happy Bike Spring.” These words make sense in any context, even if some of us still have snow to shovel, which unfortunately is still the case in many parts of New York State.

Thanks to our former intern and now Interim Program Coordinator Collin Hodges and an NYBC Board that has really stepped up since Brian Kehoe departed, we are in the midst of a seamless and productive springtime transition to a new executive director, who is expected to take the helm on April 15th.

A number of very strong candidates applied to become the leader of our staff. Whether it was the strong state of bike advocacy, an economy that needs to generate jobs, or perhaps the many good things happening involving NYBC, both online and off (we hope you have noticed!), we interpret such strong interest as a very good sign for the bicycling movement. There is so much important work to be done right now to get more folks across New York on a bike, and to be able to do so in a riding climate that is safe and shared, whether on-road, off-road, or somewhere in between.

More New Yorkers Riding Safely – another five words that make sense in any context, and which sum up NYBC’s approach to advocacy during this period of transition.

Considering that phrase, we would like to thank all our members and donors for their support and for continuing to help make the NYBC mission a reality. In addition, we sincerely hope that any non-members visiting our website will consider joining NYBC or supporting us with donations.

If you would like a few more reasons to join NYBC and support our staff, keep reading to discover just a few of our organization’s ongoing focuses and upcoming initiatives.

1)     Bike clubs have been among NYBC’s longest and most consistent supporters during our organization’s twenty year history. The leadership at many bike clubs understands that advocacy is fundamental in creating a shared and safe climate for riding a bike, especially in large groups. We plan to continue to engage with these groups, and hope to work with them to make our advocacy efforts even more effective.

2)     With a renewed focus on bike shops, NYBC plans to show how advocacy can promote safer road and trail conditions, which gets more people on bikes, which finally translates into a bigger and healthier bottom line.

3)     The Alliance for Biking and Walking’s Winning Campaigns Training this August is fast approaching. Led by former NYBC Board President Matt Van Slyke, this training will have a regional flavor thanks to close coordination with our colleagues in CT and NJ. Check out the link and consider attending with a specific project you want to focus on in your own community, county, or region.

4)     Thanks to yet another year of heroic hard work from NYBC Board member Harvey Botzman, and with support from Rich Conroy, and Ken Fagut, we will again be staffing a booth at Bike Expo New York this May. Stop by and say hi! In addition to representing NYBC, they will be distributing tourism-related information from more than a dozen counties in upstate New York to the 37,000+ participants of the annual Five Boro Bike Tour. Bike-based tourism is a growing industry, and NYBC has been on the cutting edge of this important economic development activity, which brings tens of millions of dollars annually to our state economy.

5)     NYBC’s Bike Lawyer Directory is coming together quickly this spring. This fast-emerging initiative is providing legal information pertaining to biking and walking in New York State as well as access to bike lawyers who are experienced in defending the rights of individuals that are hurt while biking or walking. This is one of the many tangible services that a statewide bike coalition like NYBC endeavors to provide for its constituents.

6)     Our Bicycle Events Calendar has become the one stop shop for anyone seeking to take part in a group ride anywhere in the state. This calendar is another service for our members and the public, and also provides NYBC with much-needed revenue through ad sales and featured event listings.

We are excited to continue to serve and support the growing bicycle movement in New York State, and look forward to maintaining our momentum during the spring as we transition to a new executive director.

Advocacy Day 2013: Bringing Bicycle and Pedestrian Issues to Albany

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On Wednesday March 13th, the New Yorkers for Active Transportation (NY4AT) coalition sponsored an Advocacy Day at the State’s capitol. The day started with a legislative breakfast at the Fort Orange Club in downtown Albany, which was attended by about thirteen legislators and staff. Featuring presentations by Nick Donohue, Policy Director at Transportation for America and Ron Epstein, Chief Financial Officer at the New York State Department of Transportation, the breakfast drove home the message that it is now more important than ever for our politicians to work to make the most of our transportation dollars under MAP-21.

After the breakfast, a number of NY4AT advocates broke up into three teams that knocked on the doors of legislators at Albany’s Legislative Office Building. During the ensuing conversations, legislators were presented with five agenda considerations:

  1. Fully utilize federal funding available for community infrastructure and trails that encourage safe bicycling and walking.
  2. Institute a “Fair Share for Safety” policy by using more safety funding to reduce pedestrian and cyclist crashes and fatalities.
  3. Increase available funding for local transportation priorities by transferring federal funds from the National Highway Performance Program (NHPP) into the Surface Transportation Program (STP).
  4. Establish performance measures and targets to better track our progress.
  5. Re-establish the State’s Bicycle and Pedestrian Advisory Council to help guide the State’s decisions.

These objectives would serve as first steps in correcting a funding imbalance that neglects bicycle and pedestrian safety in favor of traditional highway enhancements. The NY4AT team received a warm reception from most legislators, and hopes to continue to build momentum over the coming months.

Brian Kehoe, NYBC Executive Director offered his thoughts: “Today’s Advocacy Day is a clear demonstration of the growing confidence of the movement for active transportation, and for streets that serve the needs of all users of the road. We had experts from Washington, DC and the New York State Department of Transportation who provided perspectives on the availability of funding for walking, biking and transit. More than a dozen legislators and key staff attended the breakfast. Three teams of skilled advocates visited with twenty legislators in their offices in the afternoon, educating them about their power to fund much-needed roadway safety investments. It was an honor to work with partners from the New Yorkers for Active Transportation coalition.”

However, the push shouldn’t end with Advocacy Day. Call your assemblyperson to reiterate NY4AT’s message that bicycle and pedestrian funding should receive equitable treatment under MAP-21.

Why Bicycle Level of Service (BLOS) is Important for your Community

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So you have been trying for months, maybe even years, to persuade public officials that curbside shoulders or bike lanes are necessary in your community. You have made clear that the pavement is deteriorating and cars are always speeding, rendering the roads unsafe for biking. But little progress has been made. Read this post to add a new tool to your advocacy tool belt, one that can help quantify existing biking conditions and make a more compelling argument about what improvements should be implemented to make your roads safer for two-wheeled travelers. The next paragraph is a bit technical, so please bear with me. At the end of this post you will have gained a practical knowledge of how and why to employ a Bicycle Level of Service model in your community.

For decades, traffic engineers have used models to determine how well an intersection is functioning. A properly operating intersection allows vehicles to move through quickly, with little delay time at traffic signal devices, such as a stoplight or stop sign. This delay time, or wait time at the intersection, is quantified and labeled Level of Service, abbreviated LOS in traffic engineering circles. Intersections are rated on a scale from ‘A’ (intersection functions very well) to ‘F’ (intersection functioning poorly, long delay periods). Think about it this way: the more frustrated you are at an intersection because “this light takes forever,” the lower the LOS will be for that intersection.

This is a bike advocacy blog, so why am I getting into these details about traffic engineering? In recent years, the LOS models have grown not just to encompass Vehicle LOS (VLOS), but also Bicycle Level of Service (BLOS). BLOS is similar to VLOS in that roadway conditions are rated on an alphabetical scale, and the two models use many of the same inputs, such as vehicle volumes. The two models differ in that, where VLOS measures delay time, BLOS seeks to quantify the comfort level that a typical biker would feel while riding on a roadway with traffic.

The Capital District Transportation Committee (CDTC) has produced a model that is based on Bruce Landis’ report, Real-Time Human Perceptions: Toward a Bicyclist Level of Service, the 2010 Highway Capacity Manual Multimodal LOS model, and efforts put forth by CDTC. In the model several factors are included, each of which are assigned different weights, including vehicle speeds and volumes, type of traffic, number of lanes and lane width, presence or absence of a shoulder/bike lane, on street parking, pavement conditions and other relevant road features. Scores range from ‘A’ to ‘F’ with ‘A’ being ‘best’ and F being ‘worst’. The model should be used in conjunction with personal observation to determine if the results are consistent and reasonable.

BicyclistConfidence

*Roger Geller 2009

Sometimes it is best to illustrate technical topics with an example. Imagine a roadway with large lane widths, with two lanes in both directions (12 foot interior, 15 foot exterior). Because of the large lane widths, drivers tend to travel at average speeds higher than the posted speed limit of 30 miles per hour. There are no shoulders on the road and the pavement condition is poor, with many potholes and frost heaves. Bikers may ride on this road, but their comfort level would not be very high, and the roadway would probably receive a BLOS rating of ‘E’ or ‘F’. Only the brave and fearless, the 1% of bikers, would be found riding on a road such as this.

  Before, 12’ interior lanes, 15’ exterior lanes

Before

Say an advocate in the community wants to improve biking conditions along the roadway. They are having difficulty coming up with evidence that shows that by improving certain roadway features, the road will become more comfortable for bikers and lead to increased biking levels. They learn about BLOS, and decide that this would be a perfect tool to show that certain roadway improvements would lead to more comfortable biking conditions. They change certain inputs in the model: adding a 5 foot shoulder and reducing the lane widths to 11 feet; updating the pavement rating from poor to good, simulating a road resurfacing; and decreasing the average vehicle speed to 30 miles per hour, in line with the posted speed limit. The BLOS rises from an ‘E’ to a rating of ‘B’. When the roadway is resurfaced, the results of the model can be used to advocate for a road design such as the one illustrated below.

Figure 9: After 5’ Bike Lanes, 11’ travel lanes

 After

 The beauty of the model is that the inputs can be changed to determine what combination of roadway improvements would result in the best level of comfort for bikers, without having to perform any physical changes to the roadway. BLOS models should not be used in isolation, and their results should not be seen as irrefutable. They should be used in the planning stages of roadway redesign to determine what the impact of different roadway treatments will have on the typical bicyclist’s comfort level.

The Local Bikeway Planning and Design Guide includes a Speed Volume Matrix based  on a national review of on-road bicycle improvements that shows the preferred treatment for different roadways. The numbers in the body of the matrix represent the number of vehicles traveling on the road segment in an average day. For instance, the matrix indicates that a wide curb lane is not an appropriate bicycle facility on roadways with a speed limit greater than 30 mph and an AADT greater than 8,000 vehicles per day.

Speed Volume Matrix

Speed Volume Matrix*Local Bikeway Planning and Design Guide 2010

The data needed for the model may be available from your regional MPO, the New York State DOT, or your local municipality. Some regional MPO’s in New York State may employ a BLOS model. Keep abreast on when roads are being repaved in your communities, as this is the best time to call for the installation of dedicated facilities for bicyclists. Your regional MPO / the New York State DOT / your local municipality  may be able to point you in the right direction to determine which roads are planned for construction.

SamPiper

Sam Piper is finishing his Master’s Degree in Urban and Regional Planning at the University at Albany, with a focus on transportation and multi-modal planning. He was first exposed to the BLOS model while interning at CDTC, the MPO for the Albany area, and now works for Alta Planning and Design, a multi-modal planning and design firm based in Saratoga Springs, NY. If you would like more information about this or other topics, Sam can be reached at sampiper@altaplanning.com

**Cover Photo Courtesy: www.thelmagazine.com

New York Bicyclists “Storm” Capital Hill & National Bike Summit

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Report provided by Brian Kehoe, NYBC Executive Director

Unseasonably wintry, one could even say “New York style,” weather settled onto Washington DC on the third day of the National Bike Summit. Over 700 passionate advocates of the swiftly expanding movement for bicycling equity had gone to bed the previous night uncertain whether the federal government would be closed for the day because of an expected large snow fall. Indeed, many federal offices were closed and numerous scheduled Congressional meetings were cancelled. But, along with intrepid colleagues from all 50 states, members of the New York delegation marched over to Senate and Congressional office buildings for meetings with members and staff. More than twenty New Yorkers traveled to DC for the Bike Summit and the Congressional meetings.
All New Yorkers met with staff from Senator Schumer’s office for a polite exchange on the importance of federal support for quality access across key bridges. The key theme of this year’s Summit was the economic benefit of bicycling and we shared facts that clearly demonstrate that bicycling creates jobs, creates significant wealth, and has significant multiplier effect. Bike retail, bike events, bike jobs: these were the themes that were carried throughout the halls of Congress today.
After our meeting with Schumer the New York delegation dispersed for meetings with Congress members. Too many of these meetings were needlessly cancelled due to the weather fears. I and two other advocates, Adam and Heather, met with our Representative Chris Gibson for a very productive meeting.
BikeSummit
Brian Kehoe and other advocates met with Representative Chris Gibson
I have attended the past three National Bike Summits. It is a truly professional grade advocacy gathering that gets bicyclists into the halls of power in the same way as other, sometimes competing, interests. Each year the summit seems to get more professional, more serious, pushing us as a movement to produce for our constituents. At these summits, I have met many colleagues from the national bicycle movement and from around the country who have inspired and taught me. These trips have proven to be a platform to tell NYBC’s story and to gather much needed support.
I am proud of the New Yorkers who took time away from their lives to travel to DC to represent the needs of bicycling. Educating Congress members about the benefits of bicycling can feel intimidating and certainly foreign, but it must be done. Thank you to the New York delegation for your tireless dedication to the cause.
See you in 2014!

NYBC’s Exec. Dir. says “Thank you!”

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E/D Brian Kehoe to resign -urges advocates to maintain momentum for 
better transportation across NY
Two plus years ago I assumed the helm at NYBC and what an exhilarating ride it has been since!  In January 2011, our beloved 20-year old ‘go to’ organization for statewide bicycle advocacy was in need of new ideas and energy. NYBC’s Board and staff dug in and got to work, framing an ambitious Strategic Plan and work program.

We jumped right into the issue du jour – passing a long stalled statewide Complete Streets Law. The campaign was successful due to combined efforts of many smart, savvy and supportive individuals and organizations. We all banded together again on key issues like access for bicyclists across bridges and formation of a bicycle-pedestrian friendly federal transportation law. By mid-2012, we formalized our cooperation as “New Yorkers for Active Transportation“, and have been rocking ever since.  Together we have tapped networks, pooled resources and gained access hitherto denied to us separately. The lesson is clear – the whole of the active transportation movement is far stronger than the sum of its disparate parts and only by working with other stakeholders can bicyclists achieve equity on the streets in their communities.

Being E/D at NYBC was an a professional and personal honor – it’s the best job I ever had that kept me up all night! Mostly I am grateful to have shared the work with YOU. Every day I was inspired by the commitment and skill of citizen-activists throughout NYS.  I was honored to bear witness to the common aspiration for bicycle friendly communities shared in Manhattan, Niagara Falls and hundreds of hamlets, towns and cities in between.

YOU are New York’s Bicycle Movement.  Stay engaged because what we have is hard-won and often threatened.  Bicycling is, in many circumstances, and for many people, the best and most desirable form of transportation. NYBC is yours – empower it, support it, push it – because New York needs NYBC to succeed! Delve into the wealth of resources at our website. Peruse our exciting Events Calendar, our Facebook.  Visit us at an upcoming event in your community. Attend our landmark Winning Campaigns Training or schedule an NYBC workshop.

Become a cherished NYBC member and strengthen our voice to fight for your rights!

Thank YOU for your continued work and see you on the road!

- Brian Kehoe

Help NYBC Identify NYS Bike Champions!

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Do you have an individual or an agency – public or private – whom you think has gone way beyond the call of duty on behalf of more and better and safer biking – either in your community, region or the great Empire State? Tell us about him or her or the agency or organization. Cast your net wide and help us make sure that we able to identify and recognize those individuals and leaders whom have helped us move along the path toward a goal of Safe Biking For All New Yorkers!

2013 will mark the third year in which NYBC will give out this prestigious award. In 2011 we recognized the Capital District Transportation Authority (CDTA), a regional transit agency that has done much for bikes and biking – both attached to their buses and in the community. In 2012, we gave this award to the City of Rochester, which is fast becoming New York State’s “Second City” of Biking. (It would be hard to top, or even emulate, the Bloomberg Administration led transformation of NYC’s infrastructure into a bike friendly cityscape.)

Let us hear from you by April 1, 2013. Please contact paul@nybc.net with your nominations, or if you have any questions about our annual Bike Champion Award.

Thank you.

NYBC Works to Clarify Legality of Electric Bicycles in New York

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By Collin Hodges, NYBC Program Coordinator

2/27/13

Bicycling is a wonderful way to get around. But what if you aren’t in great shape, or consider yourself too old, young, or physically impaired to view bicycling a practical way to get around? Or even more simply, what if you’d like to arrive at that summer meeting without sweating through your shirt in the process?

Electric bicycles could provide a solution to such problems. They have the ability to take the physical strain off of commuters who would like to use their bicycle more, but might opt to drive in the face of such inconveniences.

One might argue that exercise through the physical exertion inherent in bicycling is one of the primary advantages of commuting by bike, and that electric bicycles would dampen that benefit. Realistically, however, not everyone is able or willing to put out that sort of exertion on a daily basis. It is also important to note that electric bicycles can generally be powered by pedaling, running the electric motor, or a combination of both. The majority of models in the US cannot be operated solely with the electric motor, but all can be powered exclusively by pedaling if the rider so chooses. This would give a commuter the flexibility of pedaling for the majority of a trip, but using the motor to help conquer that formidable hill that lies just at the end of the route. One need look no further than hilly cities like San Francisco, the daunting bridges of New York City, or the rolling terrain of upstate New York to imagine how this could be helpful to the average Joe, not to mention the young, the elderly, or even people just struggling to get into shape for regular cycling.

What about the bicyclist’s claim of energy efficiency? While electric bicycles have a larger carbon footprint than their traditional counterparts, they are still sixteen times more energy efficient than the average automobile, and six times more efficient than most rail transit systems.[1]

Still, before you rush to buy stock in these magical contraptions, their legal status must be removed from the state of limbo that currently stymies their widespread use. Specifically, the issue is their treatment as motorcycles under New York State law, and motor scooters in New York City. This is in contrast to federal law, wherein an electric bicycle is officially defined as a “two- or three-wheeled vehicle with fully operable pedals and an electric motor of less than 750 watts (1 hp).”[2] This means that in New York State, electric bicycles are generally considered unregistered motor vehicles and subject to the same laws and penalties as automobiles. In New York City, electric bicycles that do not have the ability to be operated solely by its motor (pedal-assist bicycles) are legal, but those that do have that ability (motor-assist bicycles) are subject to fines and impoundment.

These classifications are especially problematic in light of the fact that electric bicycles are not permitted to have a Vehicle Identification Number (VIN), meaning that they cannot be registered with the DMV and are thus inherently illegal for use on public roads throughout the state. That technicality aside, legally equating them with automobiles is dubious at best. Even when powered solely by an electric motor, these bicycles have a top speed of under 20 mph[3] and extremely low horsepower ratings, which makes them no more dangerous than a traditional bicycle. Overall, the potential for electric bicycles to widen the audience for bike commuting cannot be ignored, and NYBC has joined Transportation Alternatives and other electric bicycle supporters to advance legislation that corrects these legal inconsistencies.

In fact, several bills have recently been introduced in the New York State Assembly that seek to resolve the electric bicycling issue and bring New York into closer conformity with federal standards. One is bill A01618, first introduced by Assemblyman David Gantt (Assembly District 137) in 2005, which states that electric bicycles should not be considered motor vehicles provided the motor features a maximum output of 1,000 watts. Safety standards would conform to those applicable to traditional bicycles, and electric bicycle operators would need to be at least 16 years old. Bill S01357B sponsored by Senator Martin Dilan (D. 18th Senate District), is similar to Assemblyman Gantt’s bill. The only differences are that the maximum power output would conform to the federal standard of 750 watts, and there would be a helmet requirement for riders between 16 and 18 years old.

NYBC and its partners recently met with the offices of Assemblyman Gantt and Senator Dilan to drive home the importance of passing an acceptable bill regardless of minor distinctions. In the absence of such a bill, even more New Yorkers could receive hefty fines for operating electric bicycles in the coming year. Bolstering the effort, Assemblyman Rafael Espinal (Assembly District 54) introduced bill A05058 earlier this month, which is identical to Senator Dilan’s bill.

If New York is to move forward as a bicycle-friendly state, then the legal muddle around electric bicycling must be clarified.  NYBC is proud to work closely with trusted allies to pass a much-needed electric bicycle bil in the 2013 legislative session.

 

[1]Transportation Alternatives,9/8/11

[2] 15 U.S.C.A. § 2085

[3] Stieber, Zachary. “Electric Bikes in New York May Be Legal, or Maybe Not.” The Epoch Times, 9/17/12.

*Cover image courtesy www.thirteen.org

NYBC Still Loves Bridges!

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NYBC continues to do as much work as we can around New York State to ensure that bridges provide excellent and safe connections throughout our complicated transportation system. NYBC attended an important meeting on Thursday, February 28th in Briarcliff Manor, sponsored by our friends and colleagues at the Bike Walk Alliance of Westchester and Putnam and the Westchester Cycle Club, with representatives from NYS DOT in attendance. This dinner meeting included a discussion about the new design for the Tappan Zee Bridge, a very important construction project that will accommodate both bike and pedestrian access.
NYBC Board Member Emeritus Ivan Vamos has been on top of bridges (yes, sometimes literally) for decades in various capacities, both in and outside his service in NYS government, and he offers the following synopsis of two other projects of great interest to NYBC and our supporters:

Willis Ave Bridge (New York, NY)

The November 2012 issue of Roads and Bridges (www.RoadsBridges.com) featured the top ten bridges, selected because of their innovative construction and design (Bill Wilson, Editorial Director, p.23). We were happy to see the Willis Ave. “swing” bridge named in this group, not only because the impressive moving span of this bridge was fabricated in Albany and moved to the construction site by barge, an impressive feat to be sure, but also because the bridge replaced the bicycle and pedestrian pathway that was a part of that crossing of the Harlem River for the past century without argument.

Sadly, no such commitment has been obtained from the New York State DOT or Amtrak for the project that is to replace the existing walkway (closed because of lack of repair) that is an integral part of the Livingston Avenue “swing” Bridge that crosses the Hudson between Albany and Rensselaer. Many statewide, regional and municipal representatives have supported the replacement of this deteriorated but strategic bridge including its walkway, but those contracting for the bridge plans at the New York State DOT have not yet indicated that their designs will even evaluate such an option.

If a large and heavily used “swing” bridge can be partly fabricated in Albany to include a bicycle and pedestrian route, why can’t such a bridge be built for the Albany crossing?

Saughatuck River Amtrak (Wesport, CT) and New Haven RR Bridge (New Haven, CT)

The NPS Register of Historic Places lists this 458’ bridge as the first to use the bascule design in 1905. The bridge’s condition is listed as either poor or fair, depending on the source, and Connecticut lists it on a rehabilitation program that’s in the “analysis” stage. These listings concentrate on the rail and navigation issues with no mention of bicycle and pedestrian uses. The walkway appears to have about a 5’ concrete surface extending from Ferry St. on the East side of the River to the rail station parking lot on the west side of the river.

Since this century-plus old bridge is at about the same level of need for rehab as the Livingston Ave. Bridge, one can’t tell what’s in store for the future of the walkway. If anything, a “bascule “ bridge is more of a concern than a swing bridge, since the “lift” phase could strand pedestrians and bicyclists up at some height in danger of a fall (versus stranded for a few minutes on a structure that swings out to let a ship pass).

A Guide to Understanding Bicycle Damage Claims in NYS

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Welcome to “Wheels of Justice” a monthly cowheel of justicelumn co-written by New York Bike Lawyers James B. Reed, Esq. and Daniel Flanzig, Esq. Jim and Daniel are both active Trial Lawyers representing cyclists in New York. With Jim’s office located in Elmira and Daniel’s in Manhattan and Long Island, they have collaborated to produce a monthly column on legal issues for New York cyclists. Each month Jim and Daniel will provide guidance on cycling safety, advocacy, bike crashes or insurance issues relevant to all cyclists across the State. Whether you ride in Albany, Buffalo, Brooklyn Manhattan or Montauk, Dan and Jim have you covered.

A GUIDE TO UNDERSTANDING BIKE DAMAGE CLAIMS IN NEW YORK:  Our firms get several calls or e-mails a week from New York cyclists involved in a crash where their bikes were damaged or totaled. They call for advice on whether they need to hire a lawyer to pursue a property damage claim when a negligent driver causes damage to their bike. If the cyclist was injured in the crash then our firms can and will help. It is our normal practice that while representing cyclists in their personal injury claim that we will gladly and aggressively pursue the claim for damage to their bike as well.

If the cyclist was thankfully not injured, but still wants to pursue a property damage claim, they most likely do not and will not need the assistance of a lawyer.

Handling the property damage claim should be relatively simple. By law you are entitled to be compensated for the cost of repairs. If the bike was totaled and cannot be repaired you are entitled to be compensated for the replacement value of your bike. Do not let the insurance company convince you that you should settle for a “depreciated” value of your bike. There is no such thing as a “Kelly Blue Book” for bikes. It is our position that if a bike is no longer manufactured and the closest or similar model costs more, the company is responsible to pay the increased replacement cost.  They normally don’t agree but this remains our position and we suggest you do the same. It’s not your fault that your perfectly good bike is now trashed. Why should you have to pay more to replace it? Also, BEFORE you have any repairs performed offer to make the bike available for the insurance company to inspect themselves.

Be careful when making statements to an insurance company. Be aware that they are usually recorded. The adjuster may act warm and friendly but remember they are not your friend. The innocent statement you make may be detrimental to your claim latter on.

Here our suggestions in how to handle property damage claim:

1.)    Get the Police Report. This will give you all the contact information you need and hopefully the driver’s insurance information as well. If there is a witness on the report contact the witness and ask that they provide you with a statement.

2.)    Locate the driver’s insurance company using the police report. Next to the registration information is a three digit code. You can look up the company by going to:www.dfs.ny.gov/insurance/dmvindex.htm#dmvnum

3.)    Take pictures of your bike. The pictures should show the whole bicycle as well as the individual parts that were damaged. We also suggest taking photos of serial numbers or other identifying labels or inscriptions.

4.)    Get one or more estimates for the repairs. If the bike is totaled, try to obtain your original purchase receipt. Most bike shops are very helpful in this task as they hope you will return to their shop to make your new purchase. If you can’t get the original receipt, some insurance companies will accept a credit card bill. Internet searches are also helpful in obtaining the original and replacement costs of the Bike.

5.)    Document other damages that you will claim. Did you make improvements to the bike such as bags, water bottle cages, bike computers? Was your clothing or other items damaged in the crash?  If so, you are entitled to be reimbursed for these items as well.

 Once you have compiled all your evidence you’ll need to call the insurance company and file a claim. Do this as soon as you can. You should be provided with a claim number. Use this to identify your claim when calling and writing. After you send them the documentation give them some time. Insurance companies are notoriously slow. Give them a call and ask if they received everything and if they require anything else. Expect a call back within 2-3 weeks. They will usually tell you that they are completing their investigation and need more time.  If you don’t hear from them call again to follow-up on the claim.

If the insurance company continues to ignore you, tries to lowball you, or flat out denies your claim, you can file a “Small Claims” lawsuit.. Each county in New York has a small claims court. In New York State Small claims Courts can hear disputes up to the amount of $5,000.00

Small Claims Court is specifically for people with cases that might not warrant hiring a lawyer. Small claims courts are generally more informal and often have relaxed rules surrounding evidence to make it easier for people to seek legal relief without representation by an attorney. When filing your Small Claims case remember to sue both the driver and the owner of the vehicle as in New York State the owner is almost always responsible for the driver’s actions. The owner is the one who holds the insurance policy for the car. You and the Judge will want a representative of the insurance company present in Court to be able to settle your claim.

The defense of Comparative Negligence in New York

Be prepared. The insurance company or the Small Claims Judge may tell you that they will not pay the full claim and will reduce the payment buy what they consider to be your “comparative negligence” in contributing to the crash. New York State is a “comparative negligence” State.  A simple description of how comparative negligence works is the following:

2 cars have an intersection collision and one driver was injured. That driver sues the other. At trial a jury finds them equally responsible for the crash. If the jury awards $100,000.00 to the injured driver, that verdict is then reduce by 50% for that drivers comparative negligence in contributing to the crash and the judgment entered for the driver is now only $50,000.00.

There are all types of scenarios that may create comparative negligence so do not be surprised if this defense is raised and full value of your claim is not paid.

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These are some simple guidelines provided by NewYorkBikeLawyers.com, Flanzig and Flanzig, LLP and Jim Reed, Esq. of Zifflaw.com. We are New York Attorneys focusing in the rights and protection of cyclists across New York. Nothing on this page should be construed as legal advice nor does the use of this page or column create and attorney client relationship.  The advice on this page offers a general overview of  the laws in New York. Remember, every incident or claim is specific and the guidelines may not be applicable to your particular case. As always, we suggest contacting an attorney with any legal claim or issue before taking action on your own behalf.

Daniel Flanzig, Esq.

 

 

James Reed, Esq.