Jan. 18 -- WATERTOWN -- As a personal injury attorney who focuses on roadway incidents involving bicyclists, Benjamin C. Rabin constantly works to dispel the perception of many people that bicyclists should not be allowed on the road.

Rabin, an avid cyclist who also enjoys motorcycling, has used his experience at his Syracuse law firm to help cyclists who have been hurt by cars, pedestrians, animals and defective roads.

"New York State traffic law, section 1231, specifically says every person riding a bicycle upon a roadway shall be granted all the rights applicable to the driver of a vehicle on the roadway," Rabin said.

That law also applies to people "skating or gliding on in-line skates" on roadways.

"When I have hurdles in some of my cases, in a lot of times, drivers who strike bicyclists, law enforcement who investigate the crash, insurance companies and finally juries all don't understand that bicycles have an absolutely legal right to be on the roadway," Rabin said. "And that right is equal to cars. There are some exceptions about when they interact with each other, but the bottom line is that bicycles have a right to be out there."

The lack of knowledge about the rights of bicyclists comes up often for Rabin in cases. "This seems to follow not just with drivers but sometimes law enforcement, insurance companies and sometimes juries. They don't think or realize that bicycles have the absolute right to be on the roadway. And then, there's some prejudice. A lot of people are under the assumption or the philosophy that if you are out there on your little tiny bicycle and your Spandex and you don't have an airbag, a crumple zone or seat belt, then you are kind of asking for it."

Those prejudices, Rabin said, are sometimes carried over when insurance companies are negotiating for settlements. "And sometimes, they offer an unfair amount because of those prejudices," he said. "Oftentimes, we have to threaten a lawsuit or go to court. But then again, we have the same prejudice we deal with in the courtroom by juries who aren't very sympathetic to cyclists."

Rabin said he has seen an increasing number of incidents of disrespect toward bicyclists and isn't sure of the reasons for that. But he has a few "guesses."

"There's more impatience it seems generally these days. It seems there's more anger, less respect and tolerance for people who are in different groups. I think those are all factors to why people are getting more and more disrespectful to cyclists on the road."

He also thinks it could be a "geographic" matter.

"I have a bike team (Salty Chimp Racing Team) and we go down to North Carolina every spring, where we ride around on the roads," Rabin said. "Those roads are much narrower. They don't have as big of shoulders to push snow off. So, when cars are trying to get past us, it's not nearly as easy and the drivers are significantly more respectful of us. We get 8, 9, 10, 12 guys in a big line in the roadway and sometimes cars will stay behind us for miles. They're in no hurry, they don't beep at us or swear. They just wait until there's a safe time to pass and they go around. I think it's a more socially accepted thing in other parts of the world than it is in upstate New York."

In many of his cases, Rabin said he hears the argument that bicycle riders "don't pay taxes" and fees for roadways.

"My answer to that of course is that I bet you virtually every single bicyclist you see on the roadway is also a car owner who is paying taxes, fees and tolls," he said. "So, if that person chooses to ride a bicycle instead of a car, what they're really doing is lowering fees for everybody else because a bicycle doesn't deteriorate a road and doesn't cause damage when it drives. Not only do we have a legal right to be there, we have a financial right to be out there and we're doing a better job on the roads than big trucks are."

When there is an incident between a bicycle and a vehicle, Rabin said that distracted driving isn't reported as much as someone may think.

"For example, when the police investigate a crash between a car and a bicycle, they usually only report and investigate the direct facts of the crash, not the underlining cause," he said. "If someone turns into a cyclist or turns in front of a cyclist and says, 'I didn't see the cyclist' -- that's what the police report. They don't go to the next level to say, 'Why didn't you see the cyclist? Were you on the phone and can we see it to see if you were distracted?' Because once they determine who is at fault for the crash, they don't really care why. If that person doesn't appear to be drunk, they just let it go."

He added, "We believe there's a lot more distracted driving but it doesn't come out in the reports because I don't think law enforcement has the time or the resources to dive deep into whether that person was in fact on the phone or not. They caused the crash. They don't look further than that."

Seeking space

According to the New York Bicycling Coalition, 40 states plus the District of Columbia require that motorists give cyclists at least 3 feet of room when passing.

"New York has tried for a long time to pass that rule, but it has been struck down in the legislature," Rabin said. "The New York Bicycling Coalition has fought very hard for that."

Rabin thinks an awareness campaign, similar to the "Look Twice, Save a Life" campaign in regards to motorcyclists.

"I think it's important that people get educated with not only that bicycles have a right to be on the road, but it's actually better for everybody," Rabin said. "If people are healthier and happier, that only benefits everybody else. Our health insurance premiums go down and peoples' incomes go up when they're able to work harder and faster. If people kind of took a step back and said, 'I know I'm going to be 30 seconds late to where I'm going because of this bicycle I have to wait to go around,' but on the flip side, realize all these great things are happening, maybe it wouldn't be such an uphill battle to get people to appreciate bicycles."

There is something bicyclists can do that could improve their legal standing, Rabin noted. In recent rears, bicycle-mounted cameras have become an option.

"I will not go on the road without one of those -- both on the front and the back," he said. "I think every single person who is on a bicycle should have one of those things."