Lawyers throughout the borough are gearing up for the
Second Annual Liz Padilla 5K, an event honoring the energetic young executive of the Brooklyn Volunteers Law Project who was fatally injured a few years back while riding her bicycle.
“This ‘Run-Walk’ is a fantastic all-age fundraiser to benefit the VLP,” said Attorney Andrea Bonina in a message to hundreds of barristers this week. “The race will be held Sunday, Sept. 16 in Prospect Park at 10 a.m., with a pee-wee race for kids to follow at approximately 11 a.m.,” she added.
Commerce Bank is sponsoring a “kid’s corner” tent with balloons, kiddie goodie bags, crafts and games. “Every participant in the pee wee race — about 1/10th of a mile — will receive a medal for completing the race, and there will be goodie bags and souvenir T-shirts for the first 200 registrants in the main race. There will be an award ceremony following the race,” said Ms. Bonina, a partner in the Court Street law firm with brother John Bonina Jr.
The Brooklyn Volunteer Lawyers Project is run by Jeannie Costello and is one of the most successful endeavors in the state. Until her tragic death, Ms. Padilla assisted her in coordinating the program, created through the Brooklyn Bar Association, which brings free legal services to thousands each year. Those who wish to learn more about the VLP can contact Ms. Costello at jcostello@ brooklynvlp.org.
“The Liz Padilla 5K also serves to underscore the dangers to those who regularly bike in Brooklyn and throughout the citiy. Just this past week the Daily News ran a story headlined “Bruise Cruise for Cyclists” which detailed the perils bicyclists endure in what it termed the “hipster” neighborhoods partly within the boundaries of the 94th Precinct, which includes much of Williamsburg and Greenpoint.
In that precinct, the story warned, “the number of bicycle injuries in May, June and July increased 188 percent when compared with the same period last year, with eight bike injuries in 2006, compared with 23 in 2007.”
Given that the Williamsburg Bridge is the “busiest with bike traffic in the city,” said Transportation Alternatives Communication Director Wiley Norvell, “it’s hard to understand why there aren’t more bike lanes” in the contiguous areas. “There is very little space dedicated to them [bike lanes] on the streets...,” said Norvell.
Rush to Judgment: Blaming the Bicyclists
Puzzlingly — at least to trial lawyers who handle negligence cases — the same News story concluded that bicyclists are largely to blame when they’re injured! “Out of 29 bicycle accidents in the 94th Precinct during May, June and July this year the cyclist was found at fault in 17,” wrote reporter Denise Romano.
The News story doesn’t explain how liability was apportioned by the NYPD. Such conclusions aren’t admissible in negligence cases. Experienced bicyclists will maintain that 1. There aren’t enough bike lanes on city streets, and 2. Most drivers don’t respect the rights of bicyclists on the streets, especially at intersections.
“The most common bike accident,” one rider told us, “occurs when the driver of a parked car opens the street-side door without looking back and an unwary bicyclist doesn’t have time to avoid the door either hitting it or, even worse, being propelled into the face of deadly following or oncoming traffic.”
In general, there may well be a bias against injured bicyclists as evidenced by the comments of Teresa Toro, the transportation chair of Brooklyn Community Board One who told Ms. Romano that, “One fatality [in her district] was a bike rider going through a red light. Apparently he didn’t look both ways.”
Ms. Toro was undoubtedly well-intentioned but it’s hardly fair to quickly assume that the mortally injured victim didn’t “look both ways” when he is not around to give his side of the story. (Which is why, in wrongful death cases, there is a presumption that the decedent exercised due care before the deadly incidentt.)
Meanwhile, the Liz Padilla 5K continues to draw positive attention to the extremely successful efforts of the BBA’s VLP, which has truly blossomed since it was set up in 1990 to “address the unmet needs of the indigent population of Brooklyn who cannot afford to pay for private representation.”
Its continued good works are ensured by the leadership of the Brooklyn Bar Association which this year includes the talented President Rose Ann C. Branda, (an active cyclist, by the way), President-elect Diana J. Szochet, First Vice President John Lonuzzi, Second Vice President (the above-mentioned) Andrea Bonina, Secretary Ethan B. Gerber and Treasurer Domenick Napoletano and, of course — the man who for so many years has provided a steadying hand as executive director — Avery Eli Okin.
Ms. Costello has publicly encouraged the participation of more volunteer attorneys in this worthwhile endeavor which provides Continuing Legal Education training and credit for working on uncontested divorces, bankruptcy, wills, guardianships for children, child and spousal support and custody and visitation.
In summation: We understand that Anthony Lamberti, president of the Bay Ridge Lawyers Association, former BBA President Greg Cerchione, Brooklyn Barrister Editor Andy Fallek and BBA Trustees Steve Harkavy, Rebecca Woodland, Dewey Golkin and Arthur Aidala are all training rigorously for the Liz Padilla 5K run.
PRO BONO BARRISTER is a weekly column dedicated to telling about the good that lawyers do. Send your comments or suggestions to this writer care of this newspaper or to COTEYESQ@aol.com.
Notice: Readers seeking legal representation on a Pro Bono Publico basis should not contact this columnist. Rather, they should seek out the Brooklyn Bar Association Volunteer Lawyers Project at (718) 624-3894.
© Brooklyn Daily Eagle 2007
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