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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"I am grateful to her and her firm for their expertise and diligence."Almost 4 years ago I was struck by a delivery truck while on my bike and suffered a shattered wrist. Cathy Flanzig guided me through the process of bringing a suit against the company that owned the truck and the driver. Ms. Flanzig was professional and compassionate and realistic throughout the whole process. I am grateful to her and her firm for their expertise and diligence.- Kathe D.
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"Combination of legal expertise with a compassionate approach"If you are in search of a lawyer who combines legal expertise with a compassionate approach to client care, look no further than Daniel Flanzig and his team at Flanzig and Flanzig. From start to finish, Daniel not only holds an impressive depth of legal knowledge, especially in bicycle laws, but also a remarkable commitment to achieving the best possible outcome for me. Daniel took the time to thoroughly understand the nuances of my case, patiently listened to my concerns, and provided clear, concise explanations of the legal strategies available. This level of transparency and communication instilled a sense of confidence and reassurance during what was initially a daunting process. I highly recommend him for anyone seeking top-tier legal representation.- Runa R.
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"Supported me since DAY ONE of my 2.5 year journey!"Daniel Flanzig was with me on DAY ONE of my 2.5 year journey through the fractured legal system following a serious bicycle accident which left me with two broken wrists. The thirteen day hospital stay included surgeries on both, titanium plates implanted on both, and a severe challenge to my mental health and way of life. Unfortunately, I needed two
more surgeries on the significantly more damaged right wrist. Dan navigated me through the strained New York City Medical System, still struggling in late 2021 from the wrath of COVID. When the lawsuit needed to be moved to New Jersey, Dan seamlessly transferred the case to Joseph G. Hughes. Both men proved to be upstanding attorneys and outstanding human beings, emotionally invested in my traumatic, drawn-out experience, and committed to reaching the settlement deserved. After matters were resolved by Mr. Hughes, I received a call from Dan, closing this chapter of our time together, but cementing a lifelong connection filled with the utmost respect and gratitude.- Marty Keiser -
"Helped me through a difficult time with great results!"I recently suffered a grievous injury being struck by a drunk driver while cycling, when dealing with short-term disability, hospital bills, and all manner of associated paperwork I received care and support from the lawyers at Flanzig & Flanzig. Can't recommend their services enough, they really helped me through a difficult time with great results!- Brandon W.
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"Ever since my accident, they paid close attention to my needs & welcomed any questions."Exceptional lawyers with great client services. Ever since my accident they paid close attention to my needs and welcomed any questions. Any issue I had was met with a prompt response via phone or email. They made the process easy and produced results. I would definitely return if I ever needed their services again.- Efren V.
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"Dan & the Flanzig Team made the whole unfortunate experience a lot smoother."Daniel and his team made the whole unfortunate experience a lot smoother, ultimately securing a settlement above my expectations. Recommended!- Chris S.
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"Daniel & his team handled all the legal heavy lifting & logistics so that it wouldn’t be burden."
I could not recommend Flanzig & Flanzig more highly for their expertise, skill, professionalism, and care. After being hit by a car, I was hospitalized for a month due to multiple fractures and surgeries and had to undergo intensive physical therapy—during which time Daniel and his team took care of all the medical billing, insurance claims, and legal paperwork so that my family and I could focus on my recovery. Throughout the duration of the matter, Daniel and his team continued to handle all the legal heavy lifting and logistics/administration so that I wouldn’t be burdened, and Daniel was always communicative and proactive in providing updates and answering my questions. Thanks to Daniel’s work, experience, and capability, I received a much more significant settlement on a much faster timeline than expected. I’ve recommended Flanzig & Flanzig to other friends seeking a personal injury attorney, and I am incredibly grateful to Daniel and his team for their continued work and care. Their time, understanding, and expertise mean so much to me and my family for making an incredibly stressful and taxing situation much easier.
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"Daniel s a truly amazing person, honest, & a great human being."Flanzig & Flanzig are the best attorneys you could possibly find. They did the best for me. The whole process from start to finish, was absolutely fantastic after a big nationwide law firm screwed up my case and Daniel was there to help me settle. Also, it’s my second experience with them. He is a truly amazing person, honest, and a great human being. I definitely recommend them.- Sameh E.
Why Choose Flanzig & Flanzig, LLP?
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Leaders in the Safe Streets Movement
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Top-Rated New York Attorneys
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