Comments on: Does a Taxi Driver Need to Hurt Someone Before the TLC Takes Action?

By: Matt10002

Matt10002 — Fri, 12 Aug 2011 21:30:00 +0000

IF YOU GET HURT BY A CAB DRIVER CALL THE POLICE NOT THE TLC!!!

By: Chris

Chris — Tue, 26 Jan 2010 20:54:22 +0000

Well, when you’re trying to demonstrate negligence or recklessness, usually you have to demonstrate that you suffered damages or an injury. So, to answer the question posed by the headline, YES, probably, nothing will happen judicially to punish a driver unless someone can demonstrate an actual injury.

By: Kaja

Kaja — Thu, 21 Jan 2010 23:04:27 +0000

I should have said: The law protects you taking your lane, and not doing so is incredibly dangerous, so take your lane or risk a meaningless death.

Begging pardon on the doublepost.

By: Kaja

Kaja — Thu, 21 Jan 2010 23:02:35 +0000

My understanding is that the NYC amendments to this,

http://www.safeny.com/bike-vt.htm#sec1232

directly contradict the NYS laws; that is, outside the five boroughs, you must ride on the right shoulder; but inside the city, you must ride inside the rightmost lane (which can include the shoulder) or, if the roadway is >40 feet wide, in the leftmost lane.

If a bicycle lane is available and the cyclist thinks it’s safe, then you must use the bike lane.

https://www.nysdot.gov/divisions/operating/opdm/local-programs-bureau/biking

In short, you’re free to ride in the shoulder, but you’re also free to take your lane, until you hit Westchester or Nassau. So, take your lane.

I am a driver, and I promise you, no driver will hit you if they can see you — but they may well accidentally kill you if they’re passing you while you’re in the shoulder, and you hit a pothole and fall into their car. (I believe that statistically-speaking 2% of bike accidents are caused by car hits from behind, between five to seven o’clock.)

That accident will be “no one’s” fault.

By: Ken Coughlin

Ken Coughlin — Thu, 21 Jan 2010 22:05:54 +0000

Kaja, the law says I should take the lane? Can you cite me something in the regs on that? I thought the law is that I may take a lane. Frankly, I have never felt comfortable with raging drivers breathing down my neck and I find that no matter where I am in the lane, they’ll pass me as close as they think they can get away with.

By: Kaja

Kaja — Thu, 21 Jan 2010 21:32:38 +0000

> I was riding, as is my custom, as close to the parked cars as I could while minimizing the hazard of getting doored

You did everything right after this. This was your mistake.

The law says you should take your lane.

Safety says to take your lane.

Take your lane.

By: Peter from Stuy Town

Peter from Stuy Town — Thu, 21 Jan 2010 20:12:15 +0000

Ken,

After getting cut off on Fifth Avenue once, I did file a TLC complaint and got a hearing. The driver brought a lawyer. No lawyer for me, but I was well-prepared. The driver and his attorney weren’t, offering no credible explanation, only saying he had signaled and “everyone was fine,” like nothing had happened.

The judge didn’t buy it and fined him $250. I must say I didn’t feel bad for his family.

On the other hand, my wife was nearly hit on Lexington Ave. and had a better case, but the judge sided with the driver.

Maybe it is the luck of the draw.

By: Everard Bone

Everard Bone — Thu, 21 Jan 2010 00:13:21 +0000

Good for you for reporting it. At least there will be something in the guy’s record.

This happened to me and my partner last summer on Court Street in Brooklyn. A black car zipped by, side-swiping him pretty hard while sitting on his horn. The car sped off, but not before I memorized his plate (I’ll never forget it–T49994TC). I called 911, but once they came, they said they couldn’t do anything since they hadn’t witnessed it. They basically told me not to make a complaint, since nothing would come of it. I thought, well, what if the guy shot him? It’s ridiculous, that they can only do something if they have evidence or if they themselves witnessed it.

I reported it to TLC, but they said that plate didn’t match anything in their database, so I may have had it wrong (T499947C??). So, nothing was done, and that jerk is still speeding around Brooklyn.

I think the moral here is, if you get hit by a cab or a car, FALL, and make sure you get a bruise or a scrape. Take a picture, and bring it with you to court. It seems like that’s the only way.

By: Gwin

Gwin — Wed, 20 Jan 2010 19:07:10 +0000

…oh and I meant to say: these were complaints where I was a cyclist, not a pedestrian.

By: Gwin

Gwin — Wed, 20 Jan 2010 18:44:43 +0000

For what it’s worth, I’ve gone to TLC court three times with complaints about drivers (generally along the lines of harassment/reckless driving; none of them hit me or anything like that). Charges were brought against the drivers all three times — they all represented themselves.

By: a Hells kitchen cyclist

a Hells kitchen cyclist — Wed, 20 Jan 2010 15:24:50 +0000

I filed a TLC complaint against a taxi drive who at the advice of his client (who was prolly late to a meeting) drove across the bike lanes and up the exit driveway to the Chelsea piers. it was marked do not enter. the “judge” all but said to the driver “lie to get out of this” and said repeately that this “court” was the only one in the world where citizens are allowed to file charges. i think the judges are paid by the TLC, no? the judge kept shushing me when i sighed or sucked in my breath at the judges statements. clearly this court is just for show.
the only justice i got was that the driver had to show up in court and his time was wasted. as my driver had switched to a night shift it was no $ loss for him. he was fined $250.
i try and file whenever taxi’s are at fault but do not request a hearing as it’s a joke. i do want their to be a record of reckless drivers tho.

By: boomshanka

boomshanka — Wed, 20 Jan 2010 14:49:00 +0000

As an aside, I find that if I’m going to ride with traffic, it’s safer to take the whole lane than it is to ride close to parked cars. If there’s enough room to make drivers think think they can squeeze through they’ll try. If you’re clearly blocking their path they might get pissed off but they’re less likely to hit you intentionally.

By: Ian Turner

Ian Turner — Wed, 20 Jan 2010 13:23:05 +0000

IIRC, reporting requirements only kick in when there is injury or property damage over $500. Not sure about hit and run, but there may be a threshold there as well.

By: Frank Todisco

Frank Todisco — Wed, 20 Jan 2010 02:53:28 +0000

Ken, in retrospect, I wonder if you also should have filed an accident report on the scene with the police. And gotten the driver’s information (via the TLC, since he left the scene) so you could report the accident to the driver’s or cab company’s insurer. I thought all “accidents” were to be filed with the police, which, together with notifying the insurer, gets the incident on the driver’s driving record. (And, in this case, leaving the scene too.) Reporting it to the police also covers you in case, later on, you realize you were more hurt than you thought (which can be covered up by the adrenaline rush).

By: digamma

digamma — Tue, 19 Jan 2010 22:26:10 +0000

I’m not a lawyer but I thought “leaving the scene of an accident” was a violation.

By: Andy B from Jersey

Andy B from Jersey — Tue, 19 Jan 2010 22:00:53 +0000

Whoa! Whoa! Whoa!

In NJ at least there is a responsibility for drivers to use “due care” when passing or any number of actions.

If NY has such “due care” language then I would think that this driver is in violation of at least careless driving.

I wonder what the judge would have ruled if the cabbie had sideswiped a car?

Typical anti-bike/ped bias Bullshit!

By: J

Tue, 19 Jan 2010 21:56:01 +0000

Other states have law requiring a 3 foot clearance be given when cars pass cyclists. If New York had this law, the driver in this case would clearly have violated it and would incur some sort of penalty.

The real solution, though, is protected bike lanes, where reckless cars are physically separated from bicycles, and vehicle space reductions, so that reckless driving isn’t physically possible.

By: Glenn

Glenn — Tue, 19 Jan 2010 21:32:24 +0000

Kudos to you for filing a complaint and thanks for the link. I’m sure if more people file complaints, behavior will change. The mere act of the driver hiring an attorney, having to spend time thinking and defending his actions (assuming he has a conscience) will probably serve to make him a safer driver in the future.

Still the system of enforcement and recording a driving record properly need to change. Relying on testimony from the victim only is insufficient for a publicly regulated entity like a taxi cab or city bus. How do dead cyclists testify?

A video camera in every cab recording incidents of distracted driving, reckless driving and speeding would greatly reduce dangerous crashes and incidents on the road.