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WE ARE ATTORNEYS AND WE ARE RIDERS
WE REPRESENT NEW YORK CYCLISTS


DANIEL FLANZIG


BIOGRAPHY

Daniel Flanzig - New York Bicycle Accident Attorney

New York! If you can make it there… well there is no place tougher for a cyclist than a New York City Street. After cycling in Manhattan for over 20 years Daniel Flanzig has learned the hard way the challenges any cyclist faces on a daily commute or weekend training ride. This is why he and Ben Dodge launched this National Network. To bring their vast knowledge of competitive cycling, together with proven court room accomplishments, to help cyclists around the country get the justice they deserve.

ABOUT DANIEL

Daniel Flanzig

Daniel Flanzig - National Leader of Bike Law and Advocacy

Daniel Flanzig is an accomplished Trial Lawyer as well as an avid cyclist, runner and competitive du-athlete. He is the firm's lead trial attorney litigating significant personal injury cases in New York City, Nassau, Suffolk, the lower Hudson Valley as well as in the Eastern and Southern Districts of the United States District Courts. He has obtained multiple verdicts and settlements in excess of a Million Dollars on behalf of the firm's clients.

Mr. Flanzig has been awarded and maintains a Martindale Hubbell AV Preeminent rating by his peers, the highest rating an attorney can obtain. He has been granted membership in the Million Dollar Advocates Forum for attorneys who have obtained trial verdicts in excess of One Million Dollars. He has been consistently named a "New York Super Lawyer" as seen in The New York Times and has named one of "The New York Area's Top Rated Lawyers " by ALM as published in New York Magazine and the Wall Street Journal. In 2013 Bicycle Times Magazine feature Mr. Flanzig as a National leader in Bike law and advocacy.

Mr. Flanzig has been quoted in the New York Times, The New York Post, The Daily News, Long Island's Newsday, as well as The New York Law and National Law Journals, offering his expert opinion on personal injury cases and "Bike Law" in New York. He has appeared on NBC News NYNews 12 Brooklyn, News 12 Long Island, Channel 11 News, CBS News, Univision 41, and other national and international news outlets with regard to high profile cases the firm has handled.

Daniel Flanzig is the founder and Chair Person of the New York State Trial Lawyers Bicycle Ligation Sub-Committee. He is a member of the Board of Directors and legal advisor to the New York Bicycling Coalition, the State's leading bicycle advocacy group. He is a founder and Board member of Long Island Streets-NY, a non-for-profit advocating for bike and pedestrian education and safety in Long Island, Queens, and Brooklyn.

Taking his advocacy efforts to the most local level, Daniel serves as the Chair of the Sea Cliff Traffic and Safety Committee helping to make his Village a safer place to walk, bike and run. Daniel has been invited by the County of Nassau to represent the interests of cyclists and pedestrians at the Nassau County Traffic and Safety Board where he works with a Coalition of transportation agencies and local law enforcement to implement vision zero policies in the County.

He is the author of "Wheels of Justice" a monthly column published by the Coalition offering legal advice for cyclists across New York State. Mr. Flanzig is a contributing writer for the New York Law Journal "Outside Counsel" column writing on cycling and the law. He is a member of the American Association of Justice - Bicycle Litigation Group - a nationwide network of "Bike Lawyers" sharing and exchanging information.

Mr. Flanzig has presented multiple CLE ( continuing legal education) lectures in New York on the handling of a bicycle crash case educating other attorneys on how to properly and effectively prosecute a case. Daniel was invited to present at the AAJ's National Annual Convention regarding bike crash litigation as an emerging area of practice. Mr. Flanzig assisted the American Association of Justice in the production of their first "Bicycle Litigation Packet" prepared to assist lawyers across the country in the preparation and litigation of a bike collision claim.

PUBLICATIONS

SPEAKING ENGAGEMENTS

  • Merrick Bicycle Shop, Merrick New York, March, 2019
    Daniel presented to Merrick Bicycle Shop customers and Tri team member about their rights as cyclists and how to best protect themselves on the road.
  • New York State Bike Summit, Saratoga, NY - Sept. 2018
    Daniel moderated a panel of "bike lawyers" and presented on the use of technology such as Go Pro and Strava following a crash.
  • Mineola Bicycle Club, Mineola, NY- March 2018
    Daniel presented to one of the largest Bike Clubs on Long Island about how to keep themselves safe on LI Streets as well as what to do after a crash.
  • Get Women Cycling, Elmhurst Hospital, Elmhurst NY November, 2017
    Daniel Joined "Get Women Cycling" to discuss good practices for night time commuting by bike or by foot. The lectures discussed common causes of crashes and what you can do in NYC to keep yourself safe at night.
  • The Bronx Brewery, Bronx, NY- April 7, 2017

    Daniel Flanzig - Bronx Brewery

    Daniel Flanzig moved his Brooklyn lecture to this unique space in the Bronx to address the needs of neighborhood cyclists. The lecture was designed to help the attendees better understand the laws that exist to protect their interests while riding the NYC Streets.
  • Sun and Air Bicycle Shop - Feb. 2017, Brooklyn, NY
    Daniel Flanzig presented a "Bike Law" lecture for NYC cyclist's which included what to do after a crash, understanding no-fault in NY and the use of a Go Pro, Strava, and other electronics in a bike crash claim.
  • The New York Bike Expo- 2016 - Basketball City, NYC
    Daniel Flanzig, in conjunction with Bike New York, conducted a NY "Bike Law" challenge at the TD Five Boro Bike Tour Bike Expo.
  • Black Girls Do Bike and Bike New York - Bike Insurance Lecture- New York, NY - Jan. 2016
    Daniel Flanzig presented "What you need to know about Bike Insurance" at the Manhattan Borough President's Office in conjunction with Black Girls Do Bike - NYC and Bike New York
  • Brands Cycle Shop - October, 2015 - Long Island, NY
    Daniel Flanzig presented a lecture at a well known Nassau County Bike Shop. The talk focused on what you need to know before and after a crash in Long Island.
  • Rapha Bike Club - Pro Talk Lecture - New York, NY - March, 2015
    In conjunction with BikeNY, Daniel Flanzig presented a bike law lecture at Rapha Cycle Club on what you need to know before and after a crash as well as cycling in New York City.
  • Fundamentals of Bicycle Litigation in New York - Lawline BTG weekend CLE Program New York, NY Sept. 2014
    Daniel Flanzig presented a 1 and 1/2 hour crash course on bike crash litigation in NY to newly admitted attorneys. The lecture focused on the current status of biking in New York City and Long Island, No-Fault and Property Damage for Cyclists, and the various types of claims the attorneys may expect to handle.
  • New York Bike Crash Litigation - Updates and Strategies - Lawline.Com New York, NY July 26, 2014
    Daniel Flanzig presented his second lecture in a series of lawline Programs for attorney continuing education (CLE) in New York. Lawline is the nations largest on-line legal education.
  • Bike Law 101 and other Crash advice for NYC Cyclists - BikeNY New York Bike Expo - May 3, 2014, New York, NY
    Daniel Flanzig presented a 1 hour lecture at the 2014 BikeNY New York Bike Expo. The talk focused on what you need to know before and after a crash in NYC.
  • What you need to know about having a Bike Crash in Long Island - Suffolk Bicycle Riders Association - April 3, 2014
    Daniel Flanzig was invited to speak at the SBRA monthly meeting. The talk focused on issues unique to those riding in Nassau and Suffolk Counties.
  • What You Need To Know After a Bike Crash in New York - Sept. 12, 2013 - Huntington Bike Club, Huntington, NY
    Daniel Flanzig was invited to speak at the Huntington Bike Club discussing crash advice, rules of the road and other issues that impact New York Cyclists.
  • Bike Law 101-The Basics of Handling a Bike Crash Case- June 19th, 2013 - The American Association of Justice
    Daniel Flanzig, as a member of the AAJ-Bicycle Litigation Group, was a presenter of one of the Country's first national Bike law Litigation Webinars.
  • Cycling through NY Bike Crash Litigation - April 22, 2013, New York, NY
    Daniel Flanzig presented a live Webinar for Lawline, one of the largest on-line CLE providers. This was the first of such Bike Law programs ever produced.
  • A Beginners Guide to Handling a Bike Crash Case in New York - March 13, 2013, Carle Place, New York
    Daniel Flanzig Presented one of the first LIVE Continuing Legal Education (CLE) Programs in New York to over 100 lawyers on the basics of bike law in New York.
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NEW YORK BICYCLE STATUTES


VTL 1146 – Drivers to exercise due care. (a) Notwithstanding the provisions of any other law to the contrary, every driver of a vehicle shall exercise due care to avoid colliding with any bicyclist, pedestrian, or domestic animal upon any roadway and shall give warning by sounding the horn when necessary. For the purposes of this section, the term “domestic animal” shall mean domesticated sheep, cattle, and goats which are under the supervision and control of a pedestrian.


VTL 1122 – 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.


VTL 1120 – All motorists must drive on the right side of a roadway, except in the following situations:
• When passing another vehicle traveling in the same direction;
• When passing a cyclist, pedestrian, animals, or obstructions in the roadway.


RCNY 19-190 – Right of Way – Subdivision (a) provides that if a motor vehicle driver fails to yield to a pedestrian or bicyclist who has the right of way, the driver shall be subject to a civil penalty of not more than $100, in addition to or as an alternative to the penalties that can be imposed for committing a traffic infraction as provided in the law. Subdivision (b) of Section 19-190 provides that if a driver violates subdivision (a) and the vehicle causes contact with the pedestrian or bicyclist, and thereby causes physical injury, the driver shall be subject to a civil penalty of not more than $250, in addition to or as an alternative to the penalties that can be imposed for committing a misdemeanor as provided in the law.

VTL 1123 – Overtaking on the right – The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:

  •  When the vehicle overtaken is making or about to make a left turn;
  • Upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two or more lines of moving vehicles in each direction;
  • Upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles.
  •  (b) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. Such movement shall not be made by driving off the pavement or main-traveled portion of the roadway, except as permitted by section eleven hundred thirty-one of this article.

VTL 1214 – Opening and closing vehicle doors – “No person shall open the door of a motor vehicle on the side available to moving traffic, and until it is reasonably safe to do so and can be done without interfering with the movement of other traffic, nor shall a person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.”

RCNY 4-12-(c) – Getting Out of a Vehicle – “No person shall get out of any vehicle from the side facing on the traveled part of the street in such manner as to interfere with the right of the operator of an approaching vehicle or a bicycle.”
“Doored” by a NYC Cab

RCNY 4-11(c) – “Taxis….while engaged in picking up or discharging passengers must be within 12 inches of the curb or parallel thereto “.

RCNY 4-11 (c) -Taxi and Cars for Hire – Picking up or discharging passengers shall not be made under such conditions as to obstruct the movement of traffic and in no instance so as to leave fewer than 10 feet available for the free movement of vehicular traffic; where stopping is prohibited; or within a bicycle lane.

VTL 102-a – Definition of Bicycle Lane – A portion of the roadway which has been designated by striping, signing and pavement markings for the preferential or exclusive use of bicycles.

VTL 1234. Riding on roadways, shoulders, bicycle or in-line skate lanes and bicycle or in-line skate paths. (a) Upon all roadways, any bicycle or in-line skate shall be driven either on a usable bicycle or in-line skate lane or, if a usable bicycle or in-line skate 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.

**VTL § 1234 Does Not apply in New York City. It is specifically superseded by 34 RCNY 4-02 (e) **
RCNY 4-12 (p)(1) Bicyclists may ride on either side of one-way roadways that are at least 40 feet wide.
RCNY 4-12 (p)(3) Bicyclists should ride in usable bike lanes, unless they are blocked or unsafe for any reason.
RCNY 4-12 (o) Bicycles are prohibited on expressways, drives, highways, interstate routes, bridges, and thruways unless authorized by signs. 

VTL 1234 (b) Persons riding bicycles or skating or gliding on in-line skates upon a roadway shall not ride more than two abreast. Persons riding bicycles or skating or gliding on in-line skates upon a shoulder, bicycle or in-line skate lane, or bicycle or in-line skates path, intended for the use of bicycles or in-line skates may ride two or more abreast if sufficient space is available, except that when passing a vehicle, bicycle or person on in-line skates, or pedestrian, standing or proceeding along such shoulder, lane or path, persons riding bicycles or skating or gliding on in-line skates shall ride, skate, or glide single file. Persons riding bicycles or skating or gliding on in-line skates upon a roadway shall ride, skate, or glide single file when being overtaken by a vehicle.

VTL 1234 (c) Any person operating a bicycle or skating or gliding on in-line skates who is entering the roadway from a private road, driveway, alley or over a curb shall come to a full stop before entering the roadway.

RCNY Section 4-08(e) – Block or obstructing a Bike lane – “No Stopping Zones (Stopping, standing, and parking prohibited in specified places). No person shall stop, stand, or park a vehicle in any bicycle lanes or within a designated bicycle lane….”
RCNY 4-12(p)(2) – No person shall drive a vehicle on or across a designated bicycle lane, except when it is reasonable and necessary:
(i) to enter or leave a driveway; or
(ii) (ii) to enter or leave a legal curbside parking space; or
(iii) (iii) to cross an intersection; or
(iv) (iv) to make a turn within an intersection; or
(v) (v) to comply with the direction of any law enforcement officer or other person authorized to enforce this rule; or
(vi) (vi) to avoid an obstacle which leaves fewer than ten feet available for the free movement of vehicular traffic.
(vii) Notwithstanding any other rule, no person shall drive a vehicle on or across a designated bicycle lane in such manner as to interfere with the safety and passage of persons operating bicycles thereon.

VTL 1236. Lamps and other equipment on bicycles. (a) Every bicycle when in use during the period from one-half hour after sunset to one-half hour before sunrise shall be equipped with a lamp on the front which shall emit a white light visible during hours of darkness from a distance of at least five hundred feet to the front and with a red or amber light visible to the rear for three hundred feet. Effective July first, nineteen hundred seventy-six, at least one of these lights shall be visible for two hundred feet from each side.

(b) No person shall operate a bicycle unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least one hundred feet, except that a bicycle shall not be equipped with nor shall any person use upon a bicycle any siren or whistle.

VTL 1236 (c) Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement.

VTL 1236 (d) Every new bicycle shall be equipped with reflective tires or, alternately, a reflex reflector mounted on the spokes of each wheel, said tires and reflectors to be of types approved by the commissioner. The reflex reflector mounted on the front wheel shall be colorless or amber, and the reflex reflector mounted on the rear wheel shall be colorless or red.

VTL 1236 (e) Every bicycle when in use during the period from one-half hour after sunset to one-half hour before sunrise shall be equipped with reflective devices or material meeting the standards established by rules and regulations promulgated by the commissioner; provided, however, that such standards shall not be inconsistent with or otherwise conflict with the requirements of subdivisions (a) and (d) of this section.

VTL 375 24-a – Use of earphones while driving or riding a bicycle – It shall be unlawful to operate upon any public highway in this state a motor vehicle, limited use automobile, limited use motorcycle or bicycle while the operator is wearing more than one earphone attached to a radio, tape player or other audio device.

VTL 235 – Carrying articles – No person operating a bicycle shall carry any package, bundle, or article which prevents the driver from keeping at least one hand upon the handle bars. No person skating or gliding on in-line skates shall carry any package, bundle, or article which obstructs his or her vision in any direction. No person operating a skate board shall carry any package, bundle, or article which obstructs his or her vision in any direction.

RCNY 4-12 (e) – Cyclists must have at least one hand on handlebars at all times.
Seats and Pedals
VTL § 1232 Cyclists must ride on a permanent seat, feet must be on pedals, and bike must carry only the number of persons for which it is designed and equipped.

VTL 1238 – Helmets and carrying children
• A child under age one is not permitted to ride on a bicycle.
• A child one or more years of age but less than five years of age must wear an approved helmet and be carried in a properly affixed child carrier.
• A child five or more years of age but less than fourteen years of age must wear an approved helmet

Admin Code – 19-176 – Bicycles ridden on sidewalks may be confiscated and riders may be subject to legal sanctions (see also: RCNY § 4-07(c) (3)
RCNY 4-07 (c) (3) No driving bikes on sidewalks, unless sign allows or wheels are less than 26 inches in diameter and rider is twelve years or younger
RCNY 4-14 (c) No person shall ride a bicycle in any park, except in places designated for bike riding; but persons may push bikes in single file to and from such places, except on beaches and boardwalks.

The NY Vehicle and Traffic Law does not expressly regulate sidewalk bicycling. However, NY General Municipal Law (Section 180)6 states that NY municipalities can regulate bike riding on sidewalks. They cannot require that bicyclists use a sidewalk instead of a public roadway, but they can impose limits to sidewalk bicycling. So it is up to individual municipalities to regulate sidewalk cycling as they see fit.
Some municipalities have no sidewalk cycling regulations, while others do regulate sidewalk bicycling. For instance, the City of Elmira prohibits sidewalk cycling for persons 14 or older. The City of Ithaca prohibits cycling on the sidewalk for anyone older than 10 years old unless a person over 10 has a disability requiring the use of a bicycle as a means of transportation or mobility.

NEW YORK BICYCLE ACCIDENT STATISTICS


Resident
Population

19,745,000

Total Traffic
Fatalities

1,025

Pedalcyclist
Fatalities

38

Percentage of Total Traffic Fatalities

3.7%

Pedalcyclist Fatalities per Million Population

1.92

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