Bicycling And The Law - 911law.com

  Every year, hundreds of bicyclists are killed by truck accidents. Why do trucks and bikes collide? In today's episode, Richard Duquette explores a variety of risk factors that cause truck-bicycle accidents. Tune in to understand how you can proceed with your case! Cause #1: Driver Fatigue More than half of the total truck accidents involve driver fatigue. Truck drivers can drive up to 16 hours every day. But many times they compile a total of 60 hours in less than 5 days.   Companies pay these drivers to produce. Log book, receipts, and vouchers can prove the fatigue they experience. Cause #2: Blind Spots Sometimes truck drivers fail to see the bicyclist. Just as the saying goes, "If you can't see the truck driver in his mirror, he can't see you." This is a big problem.   Five things that the driver can do to deal with illegal lane changes are: adjust his speed, have a spotter, obtain a West Coast mirror, signal in advance of a turn, and improve his training. Cause #3: Following Too Close and Speeding An 18

  What do you do when you get into an accident with an uninsured or underinsured motorist? Many times the bad guy in such cases doesn't have enough insurance to cover for the damages. Tune in to understand how you can proceed with your case!   Uninsured Motorist vs Underinsured Motorist There is a big difference between the uninsured and the underinsured motorists. An uninsured motorist is the bad guy without insurance.   An underinsured motorist, on the other hand, is the bad guy who doesn't have enough insurance. In these cases, it is natural to expect that your motorist provision and auto policy will make up for the damages. Having Enough Insurance Richard previously  wrote an article about this. He emphasizes on the need to obtain strong insurance coverage. You can read the article on his website.   Generally if your auto policy does not step in, you make sure to get enough insurance. Many times people are eligible in an umbrella coverage. A Lawyer to Help You in Pitfalls Such cases have a lot of pitfalls

Bicycling and the Law Richard L. Duquette EP56 Recording Your Ride: Evidence and Liability Part 2   In this episode titled Recording Your Ride: Evidence and Liability Part 2, Richard Duquette focuses on police officers. Bicyclists typically get in touch with the police when they get into an accident. At other times, it could be the police themselves who call these bicyclists on a halt for committing traffic violations or when trespassing a property. But, how far can a bicyclist record his experiences? Tune in! Issues in the Open Space People enjoy the open spaces. They can also ride their mountain bikes in specific locations without interfering anything.   However with all the politics and changes, such open spaces can be affected. It can cause issues involving interactions with the police. Recording Police Officers At present, one of the hottest topics is the public’s right to record police officers and their duties. A number of states, including California, support it and have made it legal.   It is the dut

                                                                                                                            Bicycling and the Law Richard L. Duquette EP55 Recording Your Ride: Evidence and Liability Part 1   Video evidence can help resolve cases. Through videos, bicyclists can present helpful information as to when, where, and what happened. But, what does the California law say about it? Tune in to this episode titled Recording Your Ride: Evidence and Liability Part 1! Recording Moments The Bank of America recently had to settle a call suit amounting to 2 million USD. They failed to properly warn the people of their service to record phone calls automatically. In the end, they agreed to pay for the civil penalties and the investigation costs.   Similarly, bicyclists can be at risk of invading privacy. Recording your rides opens up to exciting opportunities, but it can also provide helpful information regarding an accident. A Case in Point Richard was recently in a parking lot where another ve

  On today’s episode, Richard Duquette discusses how bicyclists can recover justice. This primarily concerns issues involving uninsured or underinsured motorists. Tune in and learn how you can proceed with your case! Dealing with Insurance Coverage An uninsured motorist is someone without an insurance, while the underinsured is someone who has a limited insurance coverage. If these bad guys hit you, the good thing is your auto policy can make up for it.   Take for example if the bad guy only has $15,000 in his insurance, but the damage costs $100,000. You can get the $15,000. To make up for it, the underinsured can get the $85,000 balance from his own strong insurance policy. Supplementary Podcast Episodes Richard previously wrote about the need to obtain strong insurance coverage. You can check podcast Episode 25, “Cyclists Don’t Skip Insurance” and another episode titled “Shopping for an Umbrella Policy.”   The episodes provide preliminary information about uninsured and underinsured coverage. You can also

  On today’s episode, Richard Duquette talks about Made in the USA Part 2. This series aims to present how local consumers and bicycle retailers can avoid defective foreign bicycles. Tune in to hear classic insights about the judicial system, how you can take action, and some practical legal solutions! A Brief Recap In the previous episode, you heard about how expensive litigation is for the hurt bicyclist or retailer. Also, you heard about how some bicycles are designed. The design process can be done in the US, but the products could come from overseas manufacturers.   There is also the insurance defense scam accusing bicyclists of riding negligently. The Toothless Tiger When you get hurt from a defective bicycle, it’s typical to call a lawyer to help you out. You could think about getting a fair share in court if the case doesn’t settle.   However, the judicial system is in need of balance. Some jurists are conservative appointees, and many come from the insurance defense industry.   Consider one local jur

On today’s episode, Richard Duquette talks about the concerns revolving around local bicycle consumers and retailers. How can they protect themselves from defective bicycles from other countries? Nowadays, competing manufacturers and retailers abound even in the internet. Tune in to Made in the USA Part 1! Background of the Series The US imported more than 7 million bicycles in 2012. Primary sources were China and Taiwan. Many of the units were attractive, but some were defectively designed and manufactured. Unfortunately, the defects have the tendency to harm the bicyclist. If you try to sue the manufacturer, obtaining justice is cost prohibitive or too expensive. This is why this series aims to help identify general safety and legal issues. The Need for Safety Although these bicycles generate profits for corporations, genuine safety is still of paramount importance.  The Paper Napkin Case Study The bicycles were too thin and too narrow. The designer reportedly focused on aerodynamics, cost, weight, and asce

   On today’s episode, Richard Duquette discusses Corporate Culture and Bicyclist Part 3. Each corporation is unique and has its own bylaws. When dealing with the law, it is helpful to be completely fair and neutral. Tune in and learn about transparency, record keeping, and other related issues! The Last in a Series In the first episode of this series, Richard talked about rogue corporations, the different responsibilities, and particular case studies. The second episode tackled law and ethics, nonprofit categories, and other related topics.   There are things that can be done to promote nonprofits. And, group leaders have the responsibility to follow rules instead of their personal agenda. The Responsibility to Keep Records Regardless of their type, corporations are required to keep a detailed record of their business. It includes records of finances and board meetings.   They may publish them online for the public to be aware of what’s happening. These records, however, should accurately reflect the things

   On today’s episode, Richard Duquette talks about Corporate Culture and Bicyclist Part 2. Listen as he shares some classic insights on nonprofit law and ethics! A Community for Bicyclists The State of California has a bicycling community that has a wide array of nonprofit organizations. These organizations represent the bicyclists’ interests in a variety of ways.   The good thing about them is they help bring the bicyclists together. They share their passion, and provide foster education, information, advocacy, and support. Categories of Nonprofit Organizations There are different nonprofit categories, as specified in 501(c)(3). Each has its own bylaws, which exist in context of and as a supplement to the principles in the statutory law.   By definition, a corporation is a creature--a legal entity. It includes nonprofits. The CA Corporations Code and the code 26 USC 501 are there for them for different purposes. Rules to Overcome Challenges Each corporation has a specific purpose. Challenges, however, could

  On today’s episode, Richard Duquette shares some classic insights about Plaintiff's Attorneys and Reforming Corporate Culture. Society typically sees plaintiff’s attorneys as people who are just after money. This idea, however, is not necessarily true. Tune in to learn about what these attorneys do and how they can bring about change in the corporate world! The Need for Plaintiff’s Attorneys Honest corporate profitability drives the American economy. But, once in awhile, corporations have business practices that are sharp for Americans.   One example is when Volkswagen programmed 600,000 vehicles in the city for environmental protection agencies. Another example is when Wells Fargo created millions of unauthorized bank accounts and credit cards secretly. Such cases call for plaintiff’s attorneys. Plaintiff’s Attorneys and Insurers Plaintiff’s attorneys look after rude corporations. They help level the playing field for the common people. Some of the things they do is deter the sharp practices.   They have a

On today’s episode, Richard Duquette discusses GPS to the Bicyclists’ Rescue. Spending some amount for a GPS is worth it. Bicyclists never know when they could get into accident. Tune in and learn how a GPS can help you in a case! How a GPS can Help Reconstructing a bicycle crash is becoming more scientific. There are ways to counter insurance and company tactics that tend to reduce the value of a claim.   Among which, is the use of a GPS. A gps device can help establish the general point of impact by providing the location and time. It is similar to the black box in airplanes. Significance of the Point of Impact The point of impact is often relevant when providing proof. It could mean the difference between winning and losing. It could also mean the difference between defeat and accusation by an insurance company.   The information from a GPS can show the geographical location of the accident. It can also show the direction of travel and ride history. A Recent Case Richard recently won a case where a gentlem

On today’s episode, Richard Duquette discusses Bicycling Drunk in California. Bicyclists sometimes violate the law for drunk driving. Tune in to know about its legal consequences, and understand how you can proceed with a case! Bicycling Drunk Richard sometimes sees bicyclists who come in groups. They travel from one bar to another, and leave drunk. However, it’s important to know that riding a bike while impaired has legal consequences.   It is classified as a misdemeanor. (For bicycling drunk in California, see California Vehicle Code Section 21200.5.) Not only does bicycling under influence give bicyclists the risk of losing their lives or fracturing their limbs, it also comes with legal consequences. Blood Alcohol Content Test Unfortunately, experts and other proficient individuals can interpret the violation broadly. Some say that you are considered under influence when your blood alcohol content is 0.5, while some would argue for 0.8.   Either way, officers are expected to conduct a test to prove it. (

Bicycling and the Law Richard L. Duquette EP46 Lost Earning Capacity Part 2 Military Plaintiffs   On today’s episode, Richard Duquette and Justin Nelson discuss Lost Earning Capacity Part 2 Military Plaintiffs. A bicycle injury can affect a military personnel’s career. Listen and learn how military plaintiffs can proceed with their case! Entitled to Receive More Richard has represented lots of marines. In a recent case, a marine underwent surgery due to a bicycling accident.   He turned down the $50k offer from the insurance company. After they filed the claim, he was immediately awarded with more than $350k. A Valuable Case The loss of earning capacity gives value to a claim. Military personnel may still continue to receive paycheck. But when they procedurally file a claim, there is a section in pleadings that allows them to deal with such loss.   Medical expenses may not be great as well. In the recent case, they used an outside orthopedic to do the surgery.   Loss of Promotion Benefits For military personn

Bicycling and the Law Richard L. Duquette EP45 Lost Earning Capacity Part 1 General Principles   On today’s episode, Richard Duquette and Justin Nelson discuss Lost Earning Capacity Part 1 General Principles. In a bicycle case, the injured is entitled to more than just medical bills. There are a variety of compensable damages. Tune in to learn about the principles behind the issue to understand how to proceed with a case! A Brief Overview The first episode aims to present the general principles behind the loss of earning capacity. Richard recently handled a case for a marine bicyclist. The injured was offered $50k to resolve. But, the surgery on his shoulder affected his capacity to earn.   The second episode will discuss the effects of the loss to military plaintiffs. In the recent case, the arbitrator awarded the injured with more than $350k after the claim was submitted. It’s good to understand that loss of earnings is different from loss of earning capacity. Two Damage Categories Damages can be classified

Bicycling and the Law Richard L. Duquette EP44 Bicycle and Wrongful Death Part 3 Damages   On today’s episode, Richard Duquette discusses Bicycle and Wrongful Death Part 3 Damages with Justin Nelson. How do you value damages? What can surviving families do to strengthen the case? Tune in to this insightful talk! Ways to Analyze Damages It is difficult to value damages in a death claim. It comes with the question: How do you put value on human life? Still, the ultimate goal is to receive justice.   There are a number of ways to determine value or to analyze the impact of a wrongful death. One is by creating a theoretical value via academic studies and statistics. Other ways are by looking at jury verdicts and at the actual case itself. Ways to Look at Actual Case The first way available is by referring to the law. The law serves as a guide in determining the type of damage. Damages can either be economical or uneconomical.   An example of an economical damage is when the family loses a breadwinner. Attorneys c

Bicycling and the Law Richard L. Duquette EP43 Bicycle and Wrongful Death Part 2 Who May Claim Damages   On today’s episode, Richard Duquette discusses Bicycle and Wrongful Death Part 2 Who May Claim Damages with Justin Nelson. Wrongful deaths cause extreme pain and stress to the surviving relatives. To maximize recovery, it’s important to keep them intact. Tune in to learn who are eligible and to understand how such cases can be resolved! Classes of Eligible Survivors In a wrongful death suit, the plaintiff are the surviving relatives. It focuses on the losses they suffered instead of the damages to the deceased.   There are different classes of eligible survivors. The primary ones are the surviving spouse, children, offspring, and parents. You may refer to California Code of Civil Procedure 337.60 for the complete list. Importance of an Experienced Attorney Wrongful deaths cause much grief and loss. As Richard puts it, the goal of the attorney is to help protect the surviving family from any further losses,

  On today’s episode, Richard Duquette discusses bicycles and wrongful death. In this first part of a series, learn how to prove fault and how to distinguish between a wrongful death and a survival action. Intro to the Three-part Series Bicyclists sometimes lose their lives from auto collisions. Richard has handled such cases on wrongful death. They are serious, highly emotional, and require the skill of a lawyer.   This is what 911 Law will be discussing today and in the succeeding episodes. Learn about the legal remedies and other related concerns. Meeting the Standard of Justice Proving fault usually involves compiling evidence, investigating witnesses, obtaining statements, and evaluating evidence. It’s where you can use the help of reconstructionists, experts, and of principles of reasonableness.   Police officers take time to prepare the case and work on it as it requires proof. Such cases have the highest standards in American jurisprudence. No Room for Argument Taking the time to work on wrongful deat

  On today’s episode, Richard Duquette interviews Jack Smith and Justin Nelson about what is a lawful order. Sometimes police officers and bicyclists argue over what is right when it comes to road issues. How are they supposed to deal with such situations? Tune in to this episode! A Legal Tandem Jack is the President of Jack Smith Consulting and Investigative Services. He once worked at the LAPD, and helped form the Venice Bicycle Patrol. At present, he works with prosecutors and defense attorneys in the subjects of Police Practices and Procedures and the use of force.   He is joined in this interview with Justin Nelson, who is a licensed attorney in California. Justin is an expert on the penal codes concerned with bicycling. Everyone’s Roadway Police officers and bicyclists need to create an effective partnership. As Jack puts it, the road is meant to cater to all kinds of vehicles. It needs to be shared.   The law exists to protect everyone’s welfare and to organize road traffic. To uphold the law, the poli

 In today’s podcast, Richard L. Duquette discusses Bike Safety and Handling with Rick Schultz. Rick is an avid cyclist, who specializes in power-based training. Tune in and learn how you can ride safer and race better! Meet Rick Schultz Rick trains, races, and coaches in southern California. He is an engineer by profession and offers power-based coaching at BikeFitnessCoaching.com.   He is a cycling Level 2 coach, bike fitter, and prolific product reviewer. Rick is also a USAC certified trainer and teaches beginner programs.   His books include Bike Fit 101 and Stretching & Core Strengthening for the Cyclist. You can find his reviews at BikeTestReviews.com. Rick is also associated with Spy Giant. Finding the Right Size Bike fitting starts with bike sizing at local stores. Rick noticed how some people have bikes that are either too big or too small for them to handle. Having the wrong size causes them to become unstable and unsafe.   A bike should be perfect for the touchpoints. Among the things to consi

  In today’s podcast, Richard L. Duquette discusses the evidentiary issues and codes in Proving Mild Traumatic Brain Injuries Part 3. Tune in to help you decide how to proceed with your case!   Providing Evidence to Trial   Proper evaluation can help support a case. As discussed in the previous episode, this can be done through diagnostic tools and neuropsychological tests.   Brain injury cases can be costly as it can require experts and specialists to provide a reliable testimony. In this, the plaintiff has the right to secure his own specialists.   Acquiring necessary evidence gets the ball in play. Defense will then just have to react or settle the case.   Factors in Getting an Opinion   CA Evidence Code 800, 801, etc. provide a legal standard for admitting evidence. In accordance, an opinion has to be sufficiently beyond common experience.   “You don't need a weatherman to know which way the wind blows.” -Bob Dylan   Another factor is that opinion or information provided has to be based upon the witness’