Bicycling And The Law - 911law.com

  In today’s podcast, Richard L. Duquette discusses Calculating Pain and Suffering from injuries sustained in a bicycling injury case.   Economic Damages   When you are involved in a bicycling accident due to someone else's negligence, your damages go beyond the hospital stay and missed days at work.   Economic damages are hard loses.  Medical bills, lost wages and future bills and loss of income.   Non-Economic Damages   These include pain, suffering, fear, anxiety, stress, discomfort and change of lifestyle.   Setting Value   There is no set formula. If you or your lawyer think your case is worth “x” present this to a focus group or ordinary persons and let them give you a range of value.   You can also search for similar cases on line and see what they brought back in terms of a jury verdict.     How a Jury Calculates   The most important aspect in Richard’s opinion is credibility. If the jury finds you credible, you are not exaggerating and telling the truth, they will give you a fair verdict. If not, eve

    In today’s podcast, Richard L. Duquette discusses the area motorists are to allow a cyclist when passing in The 3 Foot for Safety Act Proving a Violation.   What the Law Says   In CA a motorist cannot tailgate or pass in a reckless manner. They must slow down to a reasonable speed and pass with at least 3 feet clearance between them and the cyclist.   Enforcing the Law   A motorist that buzzes a cyclist can be cited. Accidents often happen because motorists misjudge their vehicle mirrors and/or a cyclist’s speed. Motorists are required to pass without impeding the cyclist they are overtaking. The new law uses objectivity of a yardstick to enforce the distance.   Proving a Violation   Many cyclists are buzzed by large vehicles and buses. You will need to have the license plate and a witness. Many public transportation buses contain video cameras and Zonar GPS. You can use that footage as proof as well.   Overtaking Violation   When a motorist passes but misjudges his right rear when overtaking and pass too

In today’s podcast, Richard L. Duquette discusses how you can resolve your bicycle accident case when drinking was involved by Suing a Drunk Driver.   Drugs and Alcohol   The use of drugs and alcohol are prevalent in California while driving. They are very common situations and often times involve bicyclists.   Punitive Damages   Punitive damages give the cyclists a strong sword in settling and leveraging the case. Many times the defense tries to strike that from the case.   Burden of Proof   Remember the plaintiff has the burden of proof. They must plead and prove through clear and convincing evidence that the defendant is guilty.   You also have to show there is a willful and conscious disregard to safety to prove malice in fact. You also want to show despicable conduct on the part of the defendant.   You have to find facts. Like knowing that the defendant knowingly took drugs or alcohol and they appreciated the effects that the alcohol and/or drugs had on their behavior.   You can also look to see if the d

    In today’s podcast, Richard L. Duquette discusses strategies to help maximize your damages and increase the success of your case with Richards 6 Tips to Protect Your Accident Rights.   If you are injured in an accident these tips discussed will protect your rights and help you understand the claims process.   Importance of Photographs   Obtain photographs from your surgeon which can later be used to explain your injuries. For instance, these could be photos of a screw placed during surgery, images of a torn meniscus or x-rays showing any hardware in the body.   You want to be able to explain and show to an adjuster or jury the nature, permanency or severity of your injuries.   Log Your Motivation   Photograph yourself at therapy. Have someone snap some photos of you performing the prescribed exercises at your therapy sessions.You want ot show that you are really motivated to get better.   This is important in determining future medical care. It also shows you are trying to get better and not milking the s

In today’s podcast, Richard L. Duquette discusses how to get compensation adequate for Carbon Fiber Bike Repair and Recovery.   Carbon Fiber   Carbon Fiber (CF) is very popular for bike frames. They are basically works of art. They are durable, strong and they look good.   CF has a tensile strength of 33 million pounds per square inch! This is a main reason they are so popular.   Some CF is reinforced with epoxy. These are layered with resin and cloth much like a surfboard.   Defective Parts   There is not as much oversight in overseas manufacturing of carbon fiber bikes. Therefore, your CF bike or CF bike parts might have been delivered defective. There are engineering tests that can be conducted to determine if the CF items were defective or were caused by the accident.   Problems With Carbon Fiber   If you suspect there is a problem with your CF bike or parts, take it into your bike shop. It might still be covered under warranty. Be aware of normal wear and tear and misuse clauses.   To hear more about how

In today’s podcast, Richard L. Duquette discusses how to replace your property that was damaged in a bicycling accident with his 4 Tips to Recover Fair Property Damage Settlement.   The Adjusters are Skeptical   Insurance adjusters are skeptical. The value of bikes, especially carbon fiber ones are high. But the the adjusters do not want to overpay because their files are audited and they must justify the settlements they agree to.   Tip One   The general rule is you are entitled to the reasonable compensation for the damage to your bike and to your clothes, watch, computer, etc. Have an experienced bike mechanic estimate the total cost to replace your bike.   Tip Two   What to do if your bike is not totaled. The law allows you to repair your bike so it is repaired to the fair market value it was immediately before the crash. This includes the cost of parts and labor to perform the repairs.     Tip Three   You can recover the depreciation in value of a damaged bike.   To hear the rest of Richard L. Duquette’s

    In today’s podcast, Richard L. Duquette discusses how you can resolve your bicycle accident case by Reconstructing a Bicycle Crash.   Analyze the Evidence   The physical evidence tells a story. Evidence like the point of impact and the defendant’s speed. Speed can be calculated with the length and direction of skid marks. You’ll also need to factor in the surface of the road and the slope.   Look around for broken parts in order to establish the point of impact like broken light lenses, exterior trim, etc.   Photograph the damage to the vehicle. The point of impact is also key evidence. It can point to the amount of inattention the motorist had.      Witnesses   Witnesses provide a voice for the physical evidence. This is especially important if there is limited physical evidence. Get as much information as you can from each witness. Remember they might move.   Document Attentiveness of Cyclist   Verify the cyclist was riding as close to the right side of the road as was practical. Remember the insurance

    In today’s podcast, Richard discusses how to help you resolve your case through careful documentation and how this Evidence Wins Injury Cases.   Evidence Collection   Precise evidence collection will often win a case. This can be done with an investigator but also by you. Take photographs, document evidence and collect witness names at the scene. This will help you prove fault in your case and settle for a fair value.     Plaintiff Has Burden of Proof   Remember you the plaintiff have the burden of proof. Make sure you can back it up.   Witnesses   Don’t rely upon the police report to obtain the names of witnesses. People come and go from the accident scene. It’s important to obtain all of the names you can. Get their name, driver license number and their auto license number.   If you are on a group ride, get all of the riders names. This is important to document speed and conditions.   Target Defendant   Current insurance policy, whose car they are driving, admission statements like I wasn’t looking, etc

    In today’s podcast, Richard discusses what to expect when you end up in criminal court and what your Cyclist Rights in Court are.   Victims of Criminal Conduct   If you or a family member have fallen victim to a vehicular homicide, hit and run or have been hit by a drunk driver, you have the right to be heard and compensated.   Victim Impact Statement   Sometimes just being heard is one of the biggest ways to heal during a difficult situation. You can walk up to the podium and explain to the judge what your losses are. You can even comment on sentencing of the defendant. Being heard and apologized to in court is a very healing experience.   Notifications   You have the right to be notified by the district attorney and the probation department of the probation department, especially if you are subpoenaed. You have the right to be told of court dates, the status of the defendant and what kind of sentence they received.   To hear more about your Cyclist Rights in Court, download and listen to the entire epis

    In today’s podcast, Richard discusses how claims are investigated. Richard L. Duquette explains exactly How Insurance Companies Investigate and what you can expect.   Gather Evidence   After you have been in an accident where you are not at fault, what do you do? First, you must protect your own interest. Gather your thoughts, make sure you are medically ok, you begin to gather evidence.   Knowledge is Power     You are not entitled to anything, you have the burden of proof. At the same time, a trained insurance adjuster is building their case against you.   Sometimes you might be videotaped to prove you are performing functions of daily activity and you are not in pain. Don’t exaggerate your claim.   Phone calls with adjusters will be recorded. These calls might be used out of context to impeach your credibility. Don’t be enticed to answering questions.   You might be asked to sign a broad release of your records. This could be medical, employment, etc. where they are going to use your past history again

  In today’s podcast, Richard discusses the issues of a blog article on the 911 Law website. Richard L. Duquette will discuss Bicycle Club Risk Management. The intent of this podcast is to protect the viability of our organizing groups.   Risks of the Ride   Some motorists complain that bicyclists aggressively exercising their vehicular rights to “take the lane”.  This type of behavior can lead to a contentious relationship between bicyclists and motorists that share the same road.   Sometimes ride leaders are inexperienced and that can lead to accidents. Group leaders beware. Even if there is evidence of no prior accident, it’s considered inadmissible to show that no dangerous condition existed.   Inherent Risks   Many clubs and management will claim bicycling has inherent risks. This defense is often applied in court but it relies upon the underlying facts. It’s contingent upon the unpredictable jury case process. What if your 12 jurors are not bicyclist friendly?   Manage the Risks   Each club should form

In today’s podcast, Richard discusses where bicyclists should ride safely and within the law. Richard L. Duquette will discuss do I control the traffic lane.   Marked Bicycle Lane   The bicyclist needs to ride within that lane unless there is an obstacle such as a foreign object or passing, overtaking another bicyclist, making a left hand turn, avoiding hazardous debris and when there is a dedicated right turn lane.   No Bike Lane   When there is no bike lane, bicyclists are required to share lanes with traffic. You need to ride as close or practicable to the right hand edge or curb of the roadway. This is when you should be riding single file. Especially when there is traffic oncoming or coming from behind.     Monopolizing the Lane   It’s important to remember that bicylsits are not equal to motor vehicles in size or power. If you are in an accident with a motor vehicle and you have been monopolizing the lane, the insurance adjuster will take a dim view of your case. The reasonable person would not ride in

  In today’s podcast, Richard L. Duquette will discuss Combating Road Rage.   Civil and Criminal Actions   As cyclists we all know there is a lot of road rage going on out there. Richard has seen a man actually jump out of his truck and start attacking a fellow cyclists!   Often times drivers try to harass you by buzzing you and then driving away.   If you are hit by a driver in CA, it’s considered assault with a deadly weapon. Those drivers can lose their license for life.      You can combat road rage through civil and criminal actions.   Reexamination of Motorists Driving Privilege   Another way you can combat road rage is by reporting the incident. You can report the road rager to the DMV or a law enforcement officer.    The DMV can determine if they are a competent driver. For instance, they could have a history of drug or alcohol addiction or a mental health condition.  Conditions which could make them unsafe to drive.   To hear more about Combating Road Rage, download and listen to the entire episode.

  In today’s podcast, Richard discusses the process in choosing a lawyer for your cycling accident. Richard L. Duquette will discuss what to think about when Picking a Great Bike Injury Lawyer.   Qualifications   In today’s age of technology and social media, lots of lawyers look great! Richard cautions you to dig deep. The flashy website might not equate to the experience necessary to win your case.   Look for a lawyer that has been in practice at least 20 years and with a good reputation.   Has the lawyer been loyal to victims or has he switched over from the insurance side? Does he represent the little guy or big guy?   Specialized Training   See if your lawyer has taken some advanced or specialized training in representing cyclists and everyday people. You want to avoid a mill type lawyer that settles by volume.   Look for a lawyer that will fight for you and is willing to go to trial. You want an attorney that has trial experience that knows the courts, knows how to try a case and can connect with the ju

In this episode Richard L. Duquette digs deeper into the question of cyclist insurance and discusses umbrella policies and types of coverage. If you're short on time, here are highlights of the episode:   Shopping for an Umbrella Policy with Underinsured and Uninsured motorists (1:10)    Definition of Uninsured driver (1:33)    Definition of Underinsured (1:47)    Auto Insurance protection for bicyclists (2:05)    Explanation of Umbrella policy (2:40)    Umbrella policy for Liability vs. Underinsured and Uninsured Motorist (3:10)    When to get an Umbrella? (3:48)    Umbrella Recommendation (4:31)    Cost of Umbrella policy (5:07)    Types of Coverage (5:55)    Recent Real World Example (6:20)    Exhausting Policy before Umbrella begins (6:38)    Full articles at 911LAW.com (7:04)        Resources   Richard's Website   Email Richard   Call Richard: 760-730-0500   Connect with Richard on Facebook   Follow Richard on Twitter   © 2016 Law Firm of Richard L. Duquette    

Having the correct auto insurance is actually a very important step for any cyclist to take. Richard L. Duquette tackles the issue of insurance in this episode specifically discussing what to do if you are in an accident and the "bad guy" is either uninsured or under-insured.   If you are short on time, here are the highlights of the episode!   Having the correct insurance [0:51]   Example of how this plays out with an uninsured or under insured [1:30] What this insurance will do for you [2:12]   How your insurance can help and how this works in California [3:00] How this works in more difficult cases like loss of life [3:28]   Richard looks at the declaration page first to determine if your own policy covers you [4:00]   Some agents try to talk people down to save money on UM or UIM, but it’s not worth the loss of benefit [4:30]   UM or UIM is great investment in your family [5:20]       Resources   Richard's Website   Email Richard   Call Richard: 760-730-0500   Connect with Richard on Facebook   Follow

Richard welcomes cyclist John Howard to the show. John is an expert witness and will share his knowledge in Personal Injuries and Cycling with John Howard.   John Howard the Cyclist John Howard set the first land speed record in 1985 at 152 mph. He was the first Ironman Kona winner, he represented Team USA in the 1968, 1972 and 1976 Olympic games and won a gold medal at the Pan-American Games. Creating a Safe Riding Environment   There was a 33% volume increase in cyclists in the last few years. The increase in cyclists necessitates the need to create a safe riding environment for both riders and motorists alike.   The Bike Fit     It’s important that cyclists are correctly fit for their bikes. This ensures optimum comfort and safety. A good bike fit makes it easier to brake, corner, accelerate and climb safely. It also makes the experience more enjoyable for the rider.   Skill A certain amount of skill is required to safely ride a bike as well. John teaches riders to safely climb, corner, brake, shift,

  Richard welcomes Denise Mueller to the show. Denise is joined by her coach John Howard and Shea Holbrook her professional driver. Denise will attempt Breaking the Land Speed Record with Project Speed in Bonneville, CA later this year. The Cyclist Denise began her cycling career as a junior, racing from 14-18 years old. She earned national championships before settling into life with children and a business owner. In 2010, Denise again took up cycling to begin another chapter in her racing career. Her goal is breaking the land speed record. This has never been done by a female. Shea Holbrook the Driver Shea comes from a car racing background. She will be leading Denise in a Range Rover SVR Sport that has the capability to exceed 150 mph. Denise will draft this vehicle in her record attempt. This interview is the first time Denise and Shea have met! John Howard the Coach John set the first land speed record in 1985 at 152 mph. He would later coach the man that broke his record in 1995 at 167 mph. Now Joh

With over 32 years of experience, Richard L, Duquette has been a leading bicycle injury attorney serving Southern California. This podcast will discuss a variety of topics such as: releases, claims, what to do when you’re hit, evidence, knowing your right, medical examinations and so much more. Richard’s passion is bicycling and he will educate the listener on rules of the road and how to protect yourself. In addition to the content Richard shares from his over 32 years of experience, listeners can also expect occasional guests such as athletes, local bike clubs, and local bike shops. Suggestions for show content is welcomed. Email ideas to rlduquette@911law.com.   Show Notes:   [0:09] Richard’s cast experience [0:20] primary focus and general legal principles [0:53] listening doesn’t constitute an attorney client relationship [1:11] topics covered in the podcast [1:59] how a crash impacts your life [2:08] other topics: pain and suffering and calculating medical bills [2:28] other hot topics [3:06] topic sugg