Bicycling And The Law - 911law.com

In today’s podcast, Richard L. Duquette discusses the procedure in imposing liabilities against state and local entities. Tune in to Bicyclists Rights against Public Entities, Potholes to Trails Part 1 to learn how you can proceed with your claim!   Historical Overview   Sovereign immunities used to exempt public entities from liabilities. Rooted in the divine right of the kings, the idea came with the belief that kings could do no wrong when enacting a law with their official capacities. Any law they enact, hence, serve only for the general good and cannot be deemed wrong.   In modern times, however, this idea can be changed. One example is the California Tort Act of 1963, which states that there’s “no public entity or immunity except when allowed by statute.” The Act further encourages immunity as an exception instead of a rule.   Following the Procedure   It is very important to follow the necessary steps when filing a claim. It can be challenging when even when you have a meritorious case against a govern