Bicycling And The Law - 911law.com

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