Law Passed in Honor of Bicyclists
Gov. David Paterson signed into law a bill requiring motorists to maintain a "safe distance" when passing bike riders. The law is meant to reduce the number of bicycling crashes that occur throughout New York.
The bill added section 1122-A to New York's Traffic Law, which reads:
The operator of a vehicle overtaking from behind a bicycle, proceeding on the same side of a roadway, shall pass to the left of such bicycle at a safe distance until safely clear thereof.
Drivers who violate the law will be cited at minimum with a traffic offense. More serious charges could follow if the driver seriously injures or kills a bicyclist while passing at less than a reasonably safe distance.
Merrill's Law
Dubbed "Merrill's Law," the new safety measure for bicycle riders was passed in part due to an collision last November that took the life of 66-year-old bicyclist Merrill Cassel of Greenburg, New York. Cassel was riding his bike on Route 119 near White Plains, when a public bus sideswiped him. Cassel died of his injuries.
Following Cassel's death, three bicycling organizations, including the Westchester Putnam Bike Walk Alliance and the New York Bicycle Coalition, began lobbying State Assembly members to take action to protect bicyclists.
Originally, the proposed legislation included a requirement that drivers maintain a minimum of three feet when passing bicyclists. However, the three-foot requirement eventually was dropped in favor of the "safe distance" language. State legislators believed that situations could arise that required drivers to maintain more than three feet from riders, in order to ensure their safety. Of course, the "safe distance" language leaves plenty of ambiguity from case to case.
In states with bike passing laws, 16 of them require drivers to maintain a three-foot buffer zone, including Connecticut and New Hampshire. Eight states, including Oregon and Washington, have laws similar to New York's and require motorists to maintain a safe distance when passing bicyclists.
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"Daniel and his team are incredible professionals and very knowledgeable."Daniel and his team are incredible professionals and very knowledgeable about NYC/New York State bike law. Daniel was incredibly responsive and attentive during my multi-year incident. I was impressed with his knowledge about the NYC/New York State court system, as well as his relationships. He seems to know everyone in the field and is incredibly well respected. The process ended successfully, largely due to Daniel's expertise. I highly recommend his services.- Pavan R.
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"Dan and the team at Flanzig & Flanzig are exceptional."Dan and the team at Flanzig & Flanzig are exceptional. From the day of my incident to the final settlement, Dan and the entire Flanzig & Flanzig team were attentive and communicated all steps clearly. The process is not easy or fast (although mine seemed to progress quicker than others), and it was comforting to know I could focus on recovery while the Flanzig & Flanzig team took care of all the paperwork, court sessions, and negotiated a great outcome. Thank you, Dan and Team!!!- Bouker P.
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"I highly recommend working with them."Daniel Flanzig and his team have been a pleasure to work with. I experienced an unfortunate bike accident over the summer and Daniel and Shirley were nothing short of compassionate, clear, and organized while guiding me through the no-fault process. They have been incredibly responsive and easy to reach, no matter the question(s). I highly recommend working with them.- Alix M.
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"Flanzig & Flanzig should be your first call"If you’re a cyclist seeking justice after an accident, Daniel Flanzig and his team at Flanzig & Flanzig should be your first call.
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"Persistent and Professional"
I highly recommend Cathy if you’re looking for a lawyer who is persistent, professional, and truly cares about her clients. I was hit by a taxi cab while riding my bike, and the process to get a settlement took much longer than expected due to COV
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"Went above and beyond to get a favorable settlement"Dan and his team were quick to respond after my bike accident and went above and beyond to get a favorable settlement.- Jared
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"Daniel and his team made what was a stressful situation much less overwhelming"After being hit on my bike, Daniel and his team made what was a stressful situation much less overwhelming. Daniel himself explained everything thoroughly and I felt supported throughout the whole process with followup from his team. Super grateful to have found Daniel and wouldn't hesitate to recommend him.- Cody
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"Fantastic to work with"Daniel & team were absolutely fantastic to work with over a 4 year period after I was involved in a serious cycling accident.- Chris Aspinall
Why Choose Flanzig & Flanzig, LLP?
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Leaders in the Safe Streets Movement
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Committed Advocates for New York Cyclists
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Top-Rated New York Attorneys
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