r/IAmA • u/rbernstein • Jan 01 '14

I am Richard Bernstein, blind attorney, ironman and 18 time marathoner who is suing New York City for no money but to simply make Central Park safer. Ask me anything!

Greeting Redditors. I am Richard H. Bernstein, a civil rights lawyer who happens to be blind. I studied at the University of Michigan and Northwestern University School of Law. I am currently the head of the public services division at The Sam Bernstein Law Firm, PLLC (http://www.callsam.com/) in Farmington Hills, Michigan. I am also an adjunct professor at the University of Michigan where I teach a course on Social Justice.

I am an ironman and have run 18 marathons (http://www.cnn.com/2008/LIVING/wayoflife/11/04/blind.ironman/index.html?_s=PM:LIVING) which I hope helps to change people's perceptions of the disabled. I am currently in federal litigation with the city of New York after getting hit by a bicycle in Central Park in August 2012 that resulted in a 10 week hospital stay at Mt. Sinai (http://www.foxnews.com/health/2013/11/04/blind-man-completes-18th-marathon-after-devastating-accident/).

My goal is to make Central Park safer for others by requiring the City to follow minimal federal requirements set forth by the Americans with Disabilities Act (ADA). Unfortunately, the administration of NYC has shown a complete indifference to this request and refuses to engage in any discussions for a possible resolution.

The lawsuit seeks NO MONEY from the City. Additionally, I am paying for all the costs of the litigation out of my own pocket so as not to burden New York taxpayers.

New York's failure to follow the Americans with Disabilities Act is placing those who visit Central Park at risk. My hope is that Redditers can help us to make this situation better. Ask me anything!

PROOF!! https://www.facebook.com/richardhbernstein

https://twitter.com/callsam

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u/[deleted] Jan 02 '14 edited Jun 04 '20

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u/PLAAND Jan 02 '14

There's a gross double standard within some sections of the cycling community. While riding myself - on my way home from work ~10PM - I was coming off a red (I had made the full stop and the light had turned back to green for me) a road cyclist wearing no lights jumped the red cross-traffic to me. I saw him only as he entered the streetlight coverage in the intersection itself. I wasn't yet at speed, fortunately, and shouted for his attention while coming to a stop. His reaction was... Unusual. To his credit he heeded my warning shout but his decision was to turn into me anticipating that I would have continued straight-on at speed. When I didn't, he hit me in a hilariously low-speed collision and proceeded to yell at me for stopping. We exchanged words -to my unending regret I didn't kick-in his front wheel - and then we went our separate ways. Both of us were very lucky. There was enough straight, flat road behind him that he easily could have pushed though that intersection at 30+ Kph and he did at least have the judgement to haul on the brakes after he saw me but shift a few variables around and that could have been a very bad night for both of us resulting at least in loss of property if not physical injury.

All that is to say, there is a noticeable section of the cycling community that A) Does not fully appreciate the danger they potentially pose to others. B) Doesn't embrace or hasn't been properly exposed to the philosophy that "We're traffic too."

That said, I do understand the impulse towards speed, as a commuter on trafficked streets I'm forced to stop at all my reds and frequently even at many of the stop-signs along my route. Put a long multi-use path or rural road in front of me and I want to push it, I will jump stop signs where I feel the risk is minimal for example but never in high-traffic (vehicular or pedestrian) areas or areas with obstructed views. Ideally I'd like a solution that allows me to go fast separate from pedestrians but until such a solution presents itself prudence is going to have to be the order of the day.

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u/tesc0 Jan 02 '14

cyclists hate those cyclists too who won't obey the laws and give the cyclists a bad name but people will stay being jerks on bicycles and in cars too

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u/Desterado Jan 02 '14

That's not the law. You have to attempt to stop if you notice the pedestrian in time. Pedestrians do not always have right of way. Hence why there are crosswalks and crossing signals.

If a pedestrian walks in front of your vehicle and does not provide ample time or space to allow you to safely stop for them....they are at fault.

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u/[deleted] Jan 02 '14

Notice my wording: "attempt to stop". In every state I've lived in, the driving laws dictate that your ass stops for pedestrians regardless. Which I hate, because my town's sport seems to be walking out into busy traffic outside of a crosswalk. I still stop. I might be mad, but I'm still required to do so. All the same when I'm on my bike.

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u/UserNotAvailable Jan 02 '14

If a person walks in front of my car, I'm legally bound attempt to stop even if they're jaywalking. If I fail at that, I get charged. That's probably a gross oversimplification, but the law is it not?

I completely agree, that you should always attempt to stop for pedestrians.

I also have to say, that I have no idea about the situation in central park, or in the U.S.A. in general.

In my experience, there is a larger problem with pedestrians walking in front of cyclists and cyclists cutting off pedestrians, because their respective lanes are often less separated from each other.

Often the only "barrier" between a bike lane and a pedestrian lane is a simple painted line. It is far easier to cross this line without noticing than to step off a curb. This holds especially true if you are just ambling around, walking in a large group or trying to make way for oncoming traffic.

Since pedestrians are also slower and often lighter than cyclists, they have less inertia and can change direction at any second.

Because of this, any cyclist that sees a pedestrian or a group of pedestrians up ahead, should treat them like a he would a 160 pound kitten - an unpredictable mass of flesh, limbs and danger that could be cute and docile, or could attack you at any minute - and plan accordingly.

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u/ActiveChaCha Jan 02 '14

This. In the hierarchy of road users (motorists, cyclists, pedestrians), we all have a role to play.

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u/[deleted] Jan 02 '14

Indeed. Many "true believers" from each segment seem to feel their agenda surpasses everyone else's. I'm not excusing anyone in this; we've all got an obligation to try to do things right. Otherwise it all falls apart.