Bicycling And The Law - 911law.com

In today’s episode, we’re hearing from accomplished triathletes Julie Dunkle and Leslie Myers of the Nytro Women’s Racing Team. Composed of ten veterans in the sport, their team races all distances. They are prolific podium finishers who have gone on to qualify for world championships, a feat that is by no means easy.   “The Nytro Women’s Team is about triathlon but it’s also about women who are empowered and accomplished and are true ambassadors of the sport.” - Julie Dunkle, Captain of the Nytro Women’s Racing Team   Julie serves as the manager of the triathlon team, a position she took over after Leslie Myers’ years-long term. Membership isn’t earned through excellent athletic ability alone. In order to be a full-fledged Nytro Racer, a woman must be engaged in the community and is willing to stretch herself for others.   “Collectively, it’s not about finding women who race fast. It’s about finding women who have what I would call the whole package.” - Julie Dunkle on the Nytro Women’s Racing Team   With ov

In the previous episode of this series, we talked about marketing lawyer discount scams, sketchy group referral programs, and the importance of your lawyer’s bicycling knowledge in winning your case. Today on Bicyclist's Guide to Hiring an Injury Lawyer, we will learn about contingency fee agreements.   “...You want an experienced lawyer, not a discount lawyer. You want somebody that will get you the max recovery and if that requires a trial, they’ll go to trial.” - Richard Duquette What is a Contingency Fee? A contingency fee is a payment structure where you pay your lawyer’s fees out of the total recovery. That being said, if you don’t recover, you won’t pay a penny for the lawyers time.  The contingency fee is often 33%, and can only go up to 40% if a lawsuit is filed.   Compared to an hourly fee structure, a contingency fee is a much more consumer-friendly scheme. After all, who can afford to pay a lawyer by hour? Your 33% Goes a Long Way Your attorney advances their time, efforts, and resources so they c

Previously, we discussed objective guideposts, markers, and reasons for hiring a lawyer. In this second installment of Bicyclist's Guide to Hiring an Injury Lawyer, learn about more hiring tips, questions to ask, and pitfalls you need to watch out for to help you in your decision making. “Remember you get to make the call whether you settle or not, but having a good lawyer and getting to a good lawyer right away makes a big difference.”  - Richard Duquette How to Deal with Marketing Discount Lawyers Fee discounts seem very tempting from the outset. However, you need to tread carefully in order to avoid being deceived. First and foremost, you want to probe for a written, clearly defined fee structure of these discount lawyers. Why demand a clear fee structure? There are a few hazards that you might overlook if you don’t. You can be lured into saying yes to a discount entailing non-quality service, the risk of getting stuck with a losing case, and false promises of high net recovery. Steering Clear of Group Ref

  How to find the best attorney to represent you.  In this episode, we'll discuss the Bicyclist's Guide to Hiring an Injury Lawyer. Learn how to hire, the best attorneys, professional tips, and pitfalls.   "This series seeks to help bicyclists hire the best attorney -- the real lawyers, the trial lawyers, the people that will fight for you that are effective advocates as opposed to 'marketing' lawyers." - Richard Duquette Reasons Why People Hire a Lawyer Every case is different and every client is unique. Similarly, you can hire a specific lawyer for your case. The criteria typically aligns with that lawyer's motivation, values, and concerns.   There are several reasons why people hire a lawyer. Among them are the need for guidance, maximum recovery, and more. Right Questions to Ask When Hiring a Lawyer What are the things to consider when hiring an injury lawyer? First of all, seek a qualified lawyer. There are inexperienced "marketing" lawyers that abound.   To prevent mistakes in hiring a lawyer, make sure

Hesitant to hire a lawyer fast? In this episode, we'll discuss social media pitfalls and designing a damages strategy.   "The information between you and your attorney is sacrosanct. It protects you and is worth its weight in gold." - Richard Duquette Pitfall of Sharing Your Crash In today's day and age, many post information on social media about their crash or bicycle accidents. They openly discuss it with people they connect with. Unfortunately, the same act can actually be a case killer.   Many eyes will be on you, including the insurance companies. Anything you say can be used against you. How Insurance Companies React There are different ways. Insurance companies could demand your private statements in unprotected emails and posts. Any offhand statements can be used to their advantage.   In the end, they will use any such information. They could also mislead you into settling for less. How a Trial Lawyer Can Help A trial lawyer warns you in advance. He will help you avoid mistakes. He will also help you

  Not sure whether you should hire a bicycle injury lawyer for your case? Prospective clients often delay in hiring for various reasons. Understand why it makes dollars & sense to hire a lawyer fast!   "There are a lot of reasons [for the delay], ranging from uncertainty about the merits of their case to wanting to avoid the appearance of being litigious." - Richard Duquette Two Things to Consider Every client has his own set of reasons for hesitating hiring a bicycle injury lawyer. But there are two things to bear in mind. One is the minimal risks and the other is the fact that delays can prejudice the case. Minimal Risks in Hiring a Lawyer Fast According to the California Rules of Professional Conduct, an attorney has the duty to zealously protect your interests. When you hire him for your case, you give him the authority to act on your behalf.   With a competent attorney by your side, you gain a lot of benefits. It also strengthens your case. He knows when to "strike when the iron is hot, and how to pr

                                                                                                   What to look for in an attorney? How to measure his competence? This is the first in a series of episodes that focus on California Legal Ethics.   "An attorney must competently perform legal services." - Richard Duquette What Is a Competent Attorney You can hear from a lot of attorneys in the industry. Unfortunately, not all of them are competent enough to handle a case or to represent a client.   According to People v. Mckenzie (1983) 34 Cal 3rd 616, 631, the duty of a lawyer is to represent the client zealously within the bounds of the law. Competence requires diligence, learning and skill, and the ability to reason well. The Duty of an Attorney An attorney must have the capacity to perform his duties. He has a duty to serve both his client and the legal system.   The California Rules of Professional Conduct (CRPC) 3-110 states, "A member shall not intentionally, recklessly, or repeatedly fail to perform legal

Valuing the Loss of a Bicycling Lifestyle Pt.2. is a continuation of part 1 where we discussed economic and non-economic damages. Today we focus on the non-economic damages such as your loss of bicycling enjoyment and how to value those. Involving the Jurors As famous trial lawyer Moe Levine says, “We should look at the whole person.  How were they affected. This is not to gain sympathy, but empathy (understanding). The emphasis is not on how bad their life is now, but on the good things about their life that they can no longer enjoy. It is not mere grief, but objective losses that the law compensates.   Tell the jurors they must stand up for the bicyclist’s loss. That’s why we’re all here. It‘s up to them. What’s the Life Expectancy of the Loss When the case is over and the courtroom doors close, should the bicyclist just suck it up? Should the bicyclist just pick another sport?  Ask the jurors to discuss it in deliberations, don’t shy away from demanding a “full cup of justice”.   To hear about various dama

Richard Duquette’s job is to get his clients’ money. Money is justice. When you’re injured, you lose more than personal property, hospital bills and time off work. There is a value assigned to a loss of a bicyclists lifestyle. Richard helps you determine Valuing the Loss of a Bicycling Lifestyle in two episodes. Economic Damages Economic damages are hard losses such as lost earnings, life-care plan, and medical bills which must be paid back as out of-pocket expenses. These damages are called special damages because they are easily quantified and highly specific in nature.  They are proven by actual medical bills and verified lost earnings. Non-Economic Damages Non-Economic damages are far more extensive.  They are the human losses. This includes your lost enjoyment of bicycling, pain and suffering, psychological damages, and the many other ways that an injury detrimentally affects someone’s quality of life.   These can involve a wide variety of mental, emotional, and physical deficits and can affect bicyclist

Bicycling and the Law Richard L. Duquette EP69 Bicycle Store Test Ride Agreement and Covenant Not to Sue   Bicycle shops are wise to obtain a written release to protect their interests. What should a prospective client understand when he agrees to the terms and signs the document? Find out in this episode titled Bicycle Store Test Ride Agreement and Covenant Not to Sue. Importance of Educating Test Riders It is important for bicycle store owners to educate their prospective clients about the agreement. Clients should understand the issues involved.   One issue is the place that the bicyclist is riding can be considered hazardous. Understanding the Terms of an Agreement When a prospective client does a test ride, he should inspect the bicycle.   He may also need to wear appropriate shoes, clothing and a helmet. He must also follow the rules of the road. Types of Risks in a Test Ride A bicycle store or shop would be wise to explain where it is safe to do the test ride. They should educate test riders about exis

Bicycling and the Law Richard L. Duquette EP68 Fairly Defining the Legal Risk of Bicycling   On this episode of Bicycling and the Law, Richard Duquette talks about fairly defining the legal risk of bicycling. A valid perspective requires we discuss bicyclists personal responsibility and protecting the business entities involved in bicycling. What makes a risk legal and what are some of the ways an insurance company can use to escape responsibility? Tune in! Written Release as a Way of Escape There are a couple of ways for an insurance company to escape responsibility. Three ways are; a written release, primary assumption of the risk, and secondary assumption of the risk.   The written release expressly identifies the risk associated with bicycling. For example, it includes a collision with other bicyclists in a race or sliding out while turning a corner. What Makes a Risk Invalid It is important to be clear and accurate when defining the risk. Otherwise, it will be considered an invalid release. Risks that ar

Bicycling and the Law Richard L. Duquette EP67 When Is a Turning Movement Illegal? Turning movements include 90-degree turns and lane changes. When done properly, they keep a bicyclist safe on the road. When is a turning movement illegal? Tune in! The Need for Safety The California Vehicle Code 22017 states that turning movement must be done with "reasonable safety." For that, the bicyclist must provide a signal before making a turn.   Sometimes a car will speed up and try to catch up with the bicyclist. It is important for the bicyclist to protect himself and abide by the law when making a turn. Using Turn Signals for Protection Bicyclists should use turn signals. It is important to consider if a vehicle may be affected by the turn.   Unfortunately, not all vehicles are paying attention when a signal is given. They could be busy texting, listening to the radio, or distracted. Nonetheless, Richard suggests to make it a habit to use turn signals for protection. Better Safe than Sorry Many don't use signals whe

                                                                                                                                                                                                          Bicycling and the Law Richard L. Duquette EP66 Night Riders and Commuters   Commuting and riding a bicycle, both improves health and saves money. More and more people are deciding to do so even in the dark. But when faced with an injury, how well do you know your rights? Listen to this episode on night riders and commuters.   "Although (commuting) is good for the heart and for the planet, you have to take safety very seriously." - Richard Duquette The Law's Definition of Darkness According to Richard, insurance companies will try to claim your negligence. They see you partly at fault for an injury when commuting or riding in the dark, at times.   You can protect yourself by following the rules of the Vehicle Code. The California Vehicle Code defines darkness as "half an hour before dark or half an hour before s

Bicycling and the Law Richard L. Duquette EP65 Recovering Damages for Veterans -- the Benefit of Sports for Our Military   What do recreational activities do for our soldiers? How do they help them recover? Tune in as Richard discusses their benefit and the factors by which the injured military could recover. Here's Recovering Damages for Veterans -- the Benefit of Sports for Our Military.     "He smiles at the young soldiers; Tells them it's alright. He knows of their fear in the forthcoming fight. Soon there'll be blood and many will die. Mothers and fathers back home they will cry." - Eric Burdon, Sky Pilot Background with Military Veterans Richard has been a practicing lawyer for more than 34 years. During his career, he has assisted many combat veterans.   Often they return home suffering from the damages caused by the war. It is not a secret that they are highly exposed to injury. Healing Through Sports There are basically two factors why an injured soldier could obtain money for his injury. The first o

  Bicycling and the Law Richard L. Duquette EP64 The Bicyclist Juror   There are times when bicyclists receive a Jury Service summons to the courthouse. What would you do when that happens to you? People can have different responses. For this, Richard shares some insights on The Bicyclist Juror. How is bicycling connected to jury duty? Tune in! On Jury Duty The conflict typically comes when a call is received from an injured bicyclist. Many would try to go through the process on their own. They do it in hopes that they will be treated fairly. Sometimes the need to face a live jury provides a reality check for insurance companies. An injured bicyclist case can have a significant impact with a jury verdict. A Constitutional Right Jurors are unpredictable. While some try to escape jury duty, others respect it. It's a Constitutional right. Bicyclists have rights just like any other citizen. That is why there are laws to protect them. Many believe that athletic lifestyle matters. Call for Law Awareness There are n

                                                                                                                                  Bicycling and the Law Richard L. Duquette EP63 DMV Justice   What do you do when you encounter an accident with an incompetent motorist? On today's episode, Richard Duquette discusses DMV Justice. Listen to his insights on how the Department of Motor Vehicles can help, and understand how you can proceed with your case. Dealing with an Incompetent Motorist In bicycling, you could encounter motorists who are suffering from dementia or Alzheimer's. Or, they may simply be old and decrepit.     Many do not want to give up their independence and driver's license. The DMV can help you if you are following a fatal or serious accident. They can investigate and demand for reexamination. Gathering Strong Evidence When you encounter such cases, gather evidence. You can download the video from your bike camera.   Print screenshots of the motorist's behaviors. It is also better if you have a pic

                                                                                                                                                                                                                      Bicycling and the Law Richard L. Duquette EP62 Paying Your Medical Bills   Once you have identified your medical bills as stated in the previous episode, the next step is to pay them. This is what Richard Duquette discusses on today's episode, Paying Your Medical Bills. Tune in for tips and insights to guide you in the process! Information Upon Paying Your Medical Bills To pay your medical bills, you can use your private health insurance. First consider the type of insurance you have. They key is to pay your medical providers.   You will need to provide you healthcare policy number, contact information and insurance information. Also, follow up with email or calls. Cooperate with Your Insurance Company It is particularly important to prompt your insurance company with your medical bills. Sometimes t

                                                                                                                                                                                                                      Bicycling and the Law Richard L. Duquette EP61 Negotiating Medical Bills Made Easy   Bicyclists sometimes deal with expensive medical bills which range from around $30,000 to $60,000. It depends on what the hospital does to treat them. For this, Richard Duquette talks about Negotiating Medical Bills Made Easy. Tune in for some tips and insights about it! Start of the Problem The problem in negotiating medical bills typically starts after the bicyclist receives them. Add to that the calls he receives from the insurance agencies.   Such situations can be very stressful for the injured bicyclist. In the future, Richard will talk about unfair debt collection laws. Tip #1: Request an Itemized Billing Statement When you discharge from the hospital, ask for an itemized billing statement. That will help you

  When getting your fair share of the settlement, often the lawyer should put together a basic accounting. But what if your health care insurance company demands that you repay them from the settlement proceeds you receive? This is what Richard Duquette discusses in this episode. Tune in! A Right to Reimbursement One important thing to consider is that insurance companies know you need to factor in settlements, reimbursement claims, and lanes. On their end, they believe they have the right to be reimbursed.   There are a variety of liens to consider. Among them are super liens, government liens, medicare liens, and military liens. And although they exist to defend you in a case, lawyers also have the duty to protect these statutory liens. Things to Consider It may seem odd that after you've paid the premiums, insurance companies would ask you to repay them. It does not seem fair.   When it comes to insurance contracts, there a couple of things to consider. Among them are the nature of the contract, the summar

  In today’s podcast, Richard L. Duquette interviews the Olympians Nelson Vails and John Howard in the show, “The Black Cyclone.” The Black Cyclone This is a movie based on the book John Howard has written. The book was based on Marshall “Major” Taylor, born in 1878 in Indiana, and in 1899 won the World Track Championships in Montreal Quebec, Canada. Major Taylor was the first black world champion of any major sport. Major Taylor was a trendsetter, an icon, and a forgotten American hero. Nelson Vails and John Howard Richard has a picture of Nelson hanging in his hall of fame. Nelson’s nickname is “The Cheetah.” He won silver in the 84 Olympics in LA. Nelson is the first African American Bicyclist to win an Olympic Medal. Nelson came into the profession about 100 years after Major Taylor.   John Howard has been featured on the show before (EP 001 & 002). Listeners are encouraged to go back to those episodes to learn more about his work with Project Speed and fame in breaking the land speed record on a bicy