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 over 50 applications in a year, they don’t look into an aspirant’s record of podium finishes. They consider how an applicant can contribute to and represent the sport. That they have sponsors plays a huge part in the selection process as well. Different Yet Similar The Nytro Women’s Racing Team boasts of members who come from all walks of life. One of them is in communications, the cheerleader of the team. Another one of them is in the optical industry, who now gives back to the sport by guiding blind triathletes along with another member of the team.   Leslie, Julie’s best friend, is her right hand woman who helps her run the team and make sure they’re all eating healthy. They’re all on different career paths, but a shared love for the sport is what binds them like glue.   “I’m thrilled that we have all these women who are able to step up and help in any way and represent the sport as best possible.” - Julie Dunkle captain of the Nytro Women’s Racing Team   To hear more about this group of awe-inspiring women, download and listen to the episode!   Links for Nytro Women’s Racing Team:     Julie Dunkle’s Blog     Leslie Myers’ Company Website   Don’t forget to leave us a 5-star rating and review on iTunes if you enjoyed this episode. We would love to hear from you!   Connect with Richard L. Duquette at the following links:   Richard's Website Email Richard Call Richard: 760-730-0500 Connect with Richard on Facebook Follow Richard on Twitter   © 2018 Law Firm of Richard L. Duquette

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 can build your case without any payment guaranteed. The contingency fee structure allows your lawyer to take the case.   It also benefits you in the long run. From a well-funded law office that will ensure quality customer service and down to a team of qualified associate lawyers who can team up in working for your case and therefore intensify the legal work, you can be certain you get your money’s worth. What About Out of Pocket Costs? These will depend on the case contract. It takes money to make money.   Keep in mind, however, that paying costs out of your own pocket is investing in the success of your case.   Download and listen to Bicyclist's Guide to Hiring an Injury Lawyer, Part 3 to learn more about the contingency fee structure and its many pros.   Links for Bicyclist's Guide to Hiring an Injury Lawyer, Part 3:     California Business and Professions Code Section 6147     Contingency Fees   Don’t forget to leave us a 5-star rating and review on iTunes if you enjoyed this episode. We would love to hear from you!   Connect with Richard L. Duquette at the following links:   Richard's Website Email Richard Call Richard: 760-730-0500 Connect with Richard on Facebook Follow Richard on Twitter   © 2018 Law Firm of Richard L. Duquette

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 Referral Marketing Programs Riding the coattails of a credible non-profit organization is one of the most common ways by which discount lawyers secure clients. You contact this group referral program and you may be passed to an inexperienced attorney. Some discount lawyers get placements by paying for endorsements or splitting fees with marketing lawyers under the table.  Ask for written disclosures of the total fee structure and referral incentives. There are laws that govern “fee splitting” and “referral services”. This kind of “referral program” will not only hurt your wallet, it feeds lawyers who bear no actual responsibility for your case. They also put you at the mercy of an attorney with no real case interest or responsibility.   Testing Your Attorney for Knowledge Your trial lawyer needs to understand your perspective as a bicyclist so they can convince the jury with your story.  How else will they be able to defend your case without knowledge of your personal cycling experience while on the road? Download and listen to Bicyclist's Guide to Hiring an Injury Lawyer, Part 2 to understand better why you shouldn’t settle for discount lawyers   Links for Bicyclist's Guide to Hiring an Injury Lawyer, Part 2:     California Bar Associations     Rule 1.5 Fees for Legal Services   Don’t forget to leave us a 5-star rating and review on iTunes if you enjoyed this episode. We would love to hear from you! Connect with Richard L. Duquette at the following links: Richard's Website Email Richard Call Richard: 760-730-0500 Connect with Richard on Facebook Follow Richard on Twitter   © 2018 Law Firm of Richard L. Duquette

  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 to ask the right questions to your prospective lawyer. You can ask whether he has tried a case before a jury and whether he succeeded. The inexperienced ones will readily give you a set of excuses why you don't need a "trial" lawyer.  Beware of them. Emphasis on Being a "Trial" Attorney Another question to ask is whether the lawyer in-charge of taking your case will go to trial? Trial lawyers are trained to reject low ball insurance company offers and go to a jury trial.     Download and listen to Bicyclist's Guide to Hiring an Injury Lawyer, Part 1 to have a good understanding of what you need to find the best lawyer for your case.   Links for Bicyclist's Guide to Hiring an Injury Lawyer, Part 1: California Rules of Professional Conduct 3-110 Gerry Spence Trial Lawyers College   Don’t forget to leave us a 5-star rating and review on iTunes if you enjoyed this episode. We would love to hear from you!   Connect with Richard L. Duquette at the following links:   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  

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 save money and time.   It is often tempting to share your grievances and experiences with others. But without proper caution, it can cost you more than you probably expected.   Download and listen to Why It Makes Dollars & Sense to Hire a Lawyer Fast, Part 2 to hear about the damages of openly sharing your case and about a strategy you can implement.   Links for Why It Makes Dollars & Sense to Hire a Lawyer Fast, Part 2: Why It Makes Dollars & Sense to Hire a Lawyer Fast, Part 1   Don’t forget to leave us a 5-star rating and review on iTunes if you enjoyed this episode. We would love to hear from you!   Connect with Richard L. Duquette at the following links:   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  

  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 preserve evidence." Hire Based on a Contingency Fee The fees for hiring an attorney in personal injury cases are generally on a contingent basis. As the client, you only pay your lawyer if his performance yields positive results.   An experienced lawyer will be able to assess your case early and decide whether it is worth taking. If the lawyer takes your case, both of you are invested in the results.   Download and listen to Why It Makes Dollars & Sense to Hire a Lawyer Fast to hear about the minimal risks and advantages involved in hiring a lawyer quickly. Stay tuned for the second part of this episode series where we’ll discuss the Social Media Pitfalls and Designing a Damages Strategy.   Links for Why It Makes Dollars & Sense to Hire a Lawyer Fast: California Rules of Professional Conduct 3-110 Evidence Wins Bicycle Injury Cases   Don’t forget to leave us a 5-star rating and review on iTunes if you enjoyed this episode. We would love to hear from you!   Connect with Richard L. Duquette at the following links:   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  

                                                                                                   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 services with competence." Learning and Skill to Represent The relationship between a client and an attorney is as a fiduciary. It tells the attorney to act according to the best interest of his client. Without apt learning and skill, he could fail in performing his duties competently.   Download and listen to California Legal Ethics to hear about client-attorney relationship, the duty of an attorney, and what characteristics to look for when hiring someone to handle your case!   Links for California Legal Ethics: People v. Mckenzie (1983) 34 Cal 3rd 616, 631 California Rules of Professional Conduct 3-110   Don’t forget to leave us a 5-star rating and review on iTunes if you enjoyed this episode. We would love to hear from you!   Connect with Richard L. Duquette at the following links:   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  

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 damage categories to help in Valuing the Loss of a Bicycling Lifestyle Pt.2, download and listen to the episode!   If you enjoyed Valuing the Loss of a Bicycling Lifestyle Pt.1, don’t forget to leave us a 5-star rating and review on iTunes. We would love to hear from you!   Connect with Richard L. Duquette at the following links:   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  

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’s enjoyment of an equally wide variety of their previous activities. Proving Damages Proving non-economic damages is a highly technical form of storytelling. The goal is to   paint a picture of the bicyclist’s life before the crash, and contrast it with after the crash. Remember that damage awards are about making the bicylist whole—this means compensating them for their losses.   Law and Economics scholars call non-economic damages “hedonic damages” (from the same root as “hedonism”) because they quite literally seek to quantify and compensate for a loss of happiness or pleasure.   To hear how painting the picture, lay witnesses and causation affect Valuing the Loss of a Bicycling Lifestyle Pt.1,  download and listen to the episode. If you enjoyed Valuing the Loss of a Bicycling Lifestyle Pt.1, don’t forget to leave us a 5-star rating and review on iTunes. We would love to hear from you!   Connect with Richard L. Duquette at the following links:   Richard's Website Email Richard Call Richard: 760-730-0500 Connect with Richard on Facebook Follow Richard on Twitter   © 2018 Law Firm of Richard L. Duquette  

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 existing pitfalls of the area.   Riders should understand the different types of risks. These include the risks in the route, sport, and rider behavior. In the end, it is important to be realistic and so avoid frivolous claims.   References for Bicycle Store Test Ride Agreement and Covenant Not to Sue:   Fairly Defining the Legal Risk of Bicycling podcast episode   To hear about the terms of a test ride, download and listen to Bicycle Store Test Ride Agreement and Covenant Not to Sue.   Don’t forget to leave us a 5-star rating and review if you enjoyed the show. We would love to hear from you!   Connect with Richard L. Duquette at the following links:   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  

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 are not associated with bicycling usually won’t be released.   How about in a controlled race course? In such cases, the government or the police are hired to manage the risk. Some argue that the validity of the release depends upon the scope of responsibilities.   There is a need to consider the totality of the circumstances. Who Benefits from a Written Release There are situations that are not covered by the release. One of which could be in the case of defective equipment.   Insurance companies do not need a written release to argue that a bicyclist assumed the risk of injury. Written releases are helpful for event sponsors, directors, organizers and clubs.   References for Fairly Defining the Legal Risk of Bicycling:   CA Civil Code Section 1654   To hear about other ways that an insurance company seek to escape responsibility, download and listen to Fairly Defining the Legal Risk of Bicycling.   Don’t forget to leave us a 5-star rating and review if you enjoyed the show. We would love to hear from you!   Connect with Richard L. Duquette at the following links:   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  

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 when riding alone on a road. When an accident has occurred, they often say they did not see a car.   The California Driver’s Handbook suggests that the driver should give a signal even when there appears to be no other vehicle around. According to the Handbook, "The vehicle you don't see might hit you."   Here’s a list of references for When Is a Turning Movement Illegal:   California Vehicle Code 22017   California Driver’s Handbook   Download and listen to the entire episode of When Is a Turning Movement Illegal. Don’t forget to leave us a 5-star rating and review if you enjoyed the show. We would love to hear from you!   Connect with Richard L. Duquette at the following links:   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  

                                                                                                                                                                                                          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 sunrise." Lights for Safety When you are riding in the dark, it is important that you follow the rules and guidelines regarding bicycle lights. Consider placing lights on:   Front of your bicycle Rear of your bicycle Helmet (new safety features illuminate back of helmets) Pedals Your legs Wheels Clothing   Front lights must be seen 300 feet away. Mount a light on your handlebars. Doing so illuminates both your bicycle and the road. Types of Lights There are several kinds of lights. The two most important are the high-intensity discharge (HID) and the light-emitting diode (LED) lights.   Richard recommends using the LED light because it lasts longer and shines wider. You may check mtbr.com for further information on bicycle lights.   Here’s a list of references for this episode on Night Riders and Commuters: CA Vehicle Code 21201 Mountain Bike Review   Download and listen to this entire episode on Night Riders and Commuters. Don’t forget to leave us a 5-star rating and review if you enjoyed the show. We would love to hear from you!   Connect with Richard L. Duquette at the following links:   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

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 one being the aggravation of a preexisting condition.   They could heal and find balance through sports. Athletics, triathlons and other recreational activities are medicine. Check out Richard's website for related articles. Susceptibility and Finding Proof Apart from aggravation, the soldier can also obtain money if he is unusually susceptible. According to Richard, they can often be fragile.   They can recover because the wrongdoer takes him as he finds it. There are a number of ways to prove an aggravation.   Download and listen to Recovering Damages for Veterans -- the Benefit of Sports for Our Military.   Let us know what you think about Recovering Damages for Veterans -- the Benefit of Sports for Our Military. Don’t forget to leave us a 5-star rating and review if you enjoyed the show. We would love to hear from you!   Connect with Richard L. Duquette at the following links:   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

  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 noneconomic damages that should be paid to an injured bicyclist. Among them are pain and suffering, distress, and change of lifestyle. A person's total loss may cost a lot. Bicyclists will receive justice as long as they follow the law. There exists a need for educated, experienced individuals on the Jury. This episode on The Bicyclist Juror was brought to you by 911 Law.com. Don’t forget to leave us a 5-star rating and review if you enjoyed the show. We would love to hear​ ​from​ ​you! Connect with Richard L. Duquette at the following links: 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

                                                                                                                                  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 picture of the driver and his license plate. All these help establish the body of the alleged crime. Cooperating with the Department of Motor Vehicles You may contact the DMV if the driver doesn't have mental or appropriate skills. Send them a letter with the evidence you've gathered.   Once they are aware, that's the time that they take action. They may demand and issue a priority examination.   Here’s a list of references for this episode DMV Justice: California Codes of Regulation § 100.01 California Vehicle Code 12818, 13800, 13801 DMV website   Download and listen to the entire episode on DMV Justice. Don’t forget to leave us a 5-star rating and review if you enjoyed the show. We would love to hear from you!   Connect with Richard L. Duquette at the following links:   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

                                                                                                                                                                                                                      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 the bills are already paid before the company hears about the injury case.   You need to prompt and follow up with your insurance company because they might cut off your rights. There are companies who do that when they think you are not cooperating with them.   As much as possible, negotiate quickly to receive discounts. Doing so also enables you to have a bigger net recovery. Use Your Medical Pay in Auto Policy Another thing you can do is use your medical pay in your auto policy. Often you can max out the bills using your healthcare insurance company first, and leave the balance to your medical pay.   You can use your medical pay if you don't have insurance. It can help you in a big way.   Download and listen to the entire episode on Paying Your Medical Bills. Don’t forget to leave us a 5-star rating and review if you enjoyed the show. We would love to hear from you!   If you have any concerns or issues regarding Paying Your Medical Bills, feel free to call Richard for some specific advice.   Connect with Richard L. Duquette at the following links:   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

                                                                                                                                                                                                                      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 audit bills and ensure you get the services from your health insurance.   "You want to make sure that you're only paying for what you owe." - Richard Duquette on Negotiating Medical Bills Made Easy   You can compare the billing statement's accuracy with your medical records. That way, you can check whether there is a double billing, a charge for something you didn't get, or any other error. Tip #2: Request a Copy of Your Explanation of Benefits (EOB) Secure a copy of your EOB from your health care and insurance company. Your EOB indicates the items billed and paid.   Earlier this year, Richard handled a case where he helped reduce the amount from $60,000 to $100. Likewise with your EOB, you can check if you can get a discount for specific services from your hospital.   Download and listen to the entire episode of Negotiating Medical Bills Made Easy, and let us know what you think about it. Don’t forget to leave us a 5-star rating and review if you enjoyed the show. We would love to hear from you!   Connect with Richard L. Duquette at the following links:   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

  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 summary plan description, the language used, the policy included, and the table of contents. Settlement Case Examples Looking back, there is a case called Sereboff v. Mid-Atlantic Medical Services, Inc. (2006). It encouraged individuals with the idea of not having to repay an insurance company.   However, the United States Supreme Court reversed it in a case called US Airways v. McCutchen (2013). They argued the paramount importance of the Erisa plan.   Here’s a list of references for Getting Your Fair Share of the Settlement: Sereboff v. Mid-Atlantic Medical Services, Inc. (2006) US Airways v. McCutchen (2013) Civil Code section 3045 et al.   To hear about Getting Your Fair Share of the Settlement, download and listen to the entire episode. Don’t forget to leave us a 5-star rating and review if you enjoyed the show. We would love to hear from you!   Connect with Richard L. Duquette at the following links:   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

  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 bicycle. Interesting Facts about Major Taylor During Major Taylor’s life a bicycle would be as valuable as a automobile. He was given his first bicycle from a wealthy railroad man in Indiana, who ended up adopting Taylor. Not only could Taylor ride a bicycle well, he was adept at playing the piano and performing card tricks. Despite the hardship and oppression he endured throughout his career he became a national champion in 1897 and a world champion in 1899. Not only did he experience prejudice because of his race, but he refused to race on Sundays because of his faith. This earned him ridicule and Taylor lost out on incredible amounts of racing prize money.   Click here to learn more about The Black Cyclone movie.   To hear more about The Black Cyclone, download and listen to the entire episode.   Don’t forget to leave us a 5-star rating and review if you enjoyed the show. We would love to hear from you! Connect with Richard L. Duquette at the following links: 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  

  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-wheeler truck takes 300 feet to stop at 55 mph. This depends on the load it carries. That is why a truck driver needs to be cautious when driving on a road.   His perception, reaction and braking are things to be considered in stopping. Just imagine the impact when he drives speedily with a bicyclist just few feet ahead of him.   To hear about Why Do Trucks and Bikes Collide, download and listen to the entire episode. Don’t forget to leave us a 5-star rating and review if you enjoyed the show. We would love to hear from you!   Connect with Richard L. Duquette at the following links:   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

  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. Having a good lawyer would be very helpful.     The first pitfall is the insurance limit on the bad guy's account. It is important to exhaust the underlying policy to "trigger" the larger one.   If you fail to exhaust it completely, you may be precluded from receiving the larger uninsured or underinsured policy. This includes workers' compensation, issues, and pending claims.   Here’s a list of references for this issue: Cyclists Don't Skimp on Insurance article California Civil Procedure §998   To hear about how Bicyclists Can Recover Justice from an Uninsured or Underinsured Motorist, download and listen to the entire episode. Don’t forget to leave us a 5-star rating and review if you enjoyed the show. We would love to hear from you!   Connect with Richard L. Duquette at the following links:   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

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 duty of police officers to serve the government. The law, however, has limitations on where individuals can take footage of them. The recording must be done in a public place or someplace that they have a right to be in, and the act itself must not violate any statute. The Importance of Collaboration There are a lot of cool technology nowadays that can be used to document police officers. But in any case, it is important to work with the police as much as possible.   Here’s a list of references for this issue: Penal Code §148 Penal Code §69 Penal Code §832.18 What is a Lawful Order podcast episode Case of Riley v. California, 134 S.Ct. 2473 (2014)   To hear about how Recording Your Ride: Evidence and Liability Part 2, download and listen to the entire episode. Don’t forget to leave us a 5-star rating and review if you enjoyed the show. We would love to hear from you!   Connect with Richard L. Duquette at the following links:   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

                                                                                                                            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 vehicle backed up and damaged his car. He was lucky enough to have his iPhone at hand.   Through his phone, he got some clear shots on the location and the different angles of the scene. The driver at fault apparently was inattentive. The documentation helped resolve his case with the insurance adjuster. California Invasion of Privacy The State of California differs from the other states in that it requires all parties to a conversation to provide their consent when making a recorded call. Without everyone’s consent, a person or organization can suffer both criminal and civil penalties.   Here’s a list of references for this issue: Penal Code §§630-637.5 Penal Code §632 Penal Code §637.2 Intent in the Invasion of Privacy California Constitution Case of Flanagan v. Flanagan, 27 Cal.4th 766 (2002) Case of O’Laskey v. Sortino, 224 Cal.App.3d. 241, 248 (1990) Case of Frio v. Superior Court, 203 Cal.App.3d. 1480, 1490 (1988)   To hear about how Recording Your Ride: Evidence and Liability Part 1, download and listen to the entire episode. Don’t forget to leave us a 5-star rating and review if you enjoyed the show. We would love to hear from you!   Connect with Richard L. Duquette at the following links:   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

  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 find a general outline of different insurance agencies.   If you didn’t know, the Umbrella Policy is among the best financial planning tools. It can help protect you. i.e. if you don’t have health insurance, or for lost wages, or disfigurement.   A Recent Case Richard recently won a case for a Major in the Marines. The bad guy only had $50,000 in his insurance. However, the damages exceeded it.   They ended up with $369,000 through the uninsured and underinsured motorist policy provision. That means you can get justice from your auto policy. To hear about how Bicyclists Can Recover Justice, download and listen to the entire episode. Don’t forget to leave us a rating and review if you enjoyed the show. We would love to hear from you!   Connect with Richard L. Duquette at the following links:   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

  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 jurist for example. He has invested over a million dollars in different insurance companies. It would cause great concern if the consumer knows about it.   An Expensive Case Judges know it’s expensive to litigate. The case can go on and ultimately grind down on the injured bicyclist. There is a great financial risk.   The system is good for ensuring a case has merit. But even with merit, it could still be difficult to prevail.   To hear about Made in the USA Part 2, download and listen to the entire episode. Don’t forget to leave us a rating and review if you enjoyed the show. We would love to hear from you!   Connect with Richard L. Duquette at the following links:   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

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 ascetics. Safety, however, appeared to have been overlooked. To hear about Made in the USA Part 1, download and listen to the entire episode. Don’t forget to leave us a rating and review if you enjoyed the show. We would love to hear from you!    Connect with Richard L. Duquette at the following links: 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

   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 considered. Doing so helps minimize disputes. Grounds of Removal Directors and officers may be removed per cause. Each corporation has its own procedures. Generally, the votes of the members count in the process.   The California Corporations Code Section 5221 specifies the grounds for removal. A director or officer may be removed if found guilty of: 1) unsound mind, 2) felony, and 3) breach of fiduciary duty.   To hear about Corporate Culture and Bicyclist Part 3, download and listen to the entire episode. Don’t forget to leave us a rating and review if you enjoyed the show. We would love to hear from you!   Connect with Richard L. Duquette at the following links:   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

   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 arise from politics and other strifes. There are rules that could be helpful in dealing with them.   The first rule is to avoid conflict of interests and self dealing. The law requires corporations to have a board of directors and executive officers. They hold fiduciary duty, which entails them to act confidently in behalf of their respective corporations.     To hear about Corporate Culture and Bicyclist Part 2, download and listen to the entire episode. Don’t forget to leave us a rating and review if you enjoyed the show. We would love to hear from you!   Connect with Richard L. Duquette at the following links:   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

  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 unique work relationship with insurers. Sometimes they’re together, and sometimes they go against each other. The good thing about insurers is they want to prevent liability to invest in safety and research. Promotion of Safety and Accountability The attorneys promote safety and accountability by filing lawsuits and sometimes class actions. The insurers don’t usually earn big amounts in these situations. Overall, both insurers and plaintiff’s attorneys are set to deter misfortune and bad acts.   To hear about Plaintiff's Attorneys and Reforming Corporate Culture, download and listen to the entire episode. Don’t forget to leave us a rating and review if you enjoyed the show. We would love to hear from you!   Connect with Richard L. Duquette at the following links:   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  

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 gentleman was run over by a Mercedes. They downloaded his GPS information, and saw where he was in relation to the offending vehicle.   It showed how far the gentleman original was before the Mercedes hit him. That strengthened the case against the reckless driver. For that, they received a substantial amount of money. Increasing the Chance for Recovery Again, the GPS can show whether the bicyclist was following the law and can also establish the point of impact. A GPS can be combined with a cycling data. If the jurors find a bicyclist following the rules, it increases his chances for recovery.   To generate illustrations or animations for the crash, computerized survey equipments can be used. Tune in for more insights!   To hear about GPS to the Bicyclists’ Rescue, download and listen to the entire episode. Don’t forget to leave us a rating and review if you enjoyed the show. We would love to hear from you!   Connect with Richard L. Duquette at the following links:   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

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. (See Missouri vs McNeely for example and insights.) For that, they need the bicyclist’s consent and a warrant. Legal Consequences When proven guilty, a bicyclist will pay $250 for a fine. He will not, however, go to prison. (See California Vehicle Code Section 40000.13.)   Since it is a misdemeanor, his license can also be suspended. (See Vehicle Code Section 13202.5.). Still, the risks are lower compared to that of a car.   Other CA Legal Code Discussed in Bicycling Drunk in California: California Penal Code 1385 To hear about Bicycling Drunk in California, download and listen to the entire episode. Don’t forget to leave us a rating and review if you enjoyed the show. We would love to hear from you!   Connect with Richard L. Duquette at the following links:   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

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 personnel to obtain justice, the attorney can look at the case and the actual loss of earning capacity. In the recent case, the marine was likely to be promoted to lieutenant colonel.   He ended up covering that pay rate and retirement rate. A new job would have changed his benefits. Because of the accident, he missed the improved benefits.   To hear about Lost Earning Capacity Part 2 Military Plaintiffs, download and listen to the entire episode.   If you are short on time, here are the highlights of Lost Earning Capacity Part 2 Military Plaintiffs:   A valuable case? (2:53) Being unfit for duty? (6:14) Loss of future promotions? (7:22) Proving the case? (12:11) Military vs civilian plaintiff? (15:56)     Connect with Richard L. Duquette at the following links:   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

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 as either special or general. Special damages are quantifiable pecuniary losses that may involve economical damages and the actual loss of wages.   Meanwhile, general damages are less quantifiable. They are uneconomical, which include pain and suffering, diminished quality of life, and emotional distress. Examples are loss of love, support, and companionship. Need for Certainty Loss of earning capacity falls under general damages. It requires certainty to make a valid claim. You can refer to Connolly v. Pre-Mixed Concrete 49 Cal 2nd 47 1957, Heiner v. Kmart Corp. 84 cal 4th 335 2000, and California Civil Code 3283.   It doesn’t leave room for speculation. For this, the attorney needs to present a sure loss in the future.   To hear about Lost Earning Capacity Part 1 General Principles, download and listen to the entire episode.   If you are short on time, here are the highlights of Lost Earning Capacity Part 1 General Principles:   A brief overview? (1:24) Two damage categories? (4:27) Wages vs earning capacity? (5:45) How to present loss? (7:59) Need for certainty? (9:53) Areas of uncertainty? (10:48)     Connect with Richard L. Duquette at the following links:   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

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 can use life expectancy tables to show what the family could lose.   They can also point to household services that the deceased used to contribute. Identifying the gifts and benefits is another way to show the economic effect. Ways to Add Value As mentioned in the second part of this series, it’s good for the surviving family to be together. It establishes a high value for the case.   They can present positive factors, such as love and affection, to add value. Cards, letters, pictures, social media, and stories can help present a big picture.   To hear about Bicycle and Wrongful Death Part 3 Damages, download and listen to the entire episode.   If you are short on time, here are the highlights of Bicycle and Wrongful Death Part 3 Damages:   Ways to analyze damages? (2:20) Ways to look at actual case? (3:43) Why grief can’t be compensated? (11:26) More about economic damages? (14:19) Young vs old deceased? (16:48) Positive factors add value? (18:18)     Connect with Richard L. Duquette at the following links:   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

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, grief, discomfort, emotional trauma.   This is why they should seek an experienced attorney, who can help them identify the eligible survivors. Having one attorney for everyone in the family is advantageous. He can help especially when a conflict of interest comes up.   It also minimizes the trauma and economically benefits the attorney. Everyone in the family should be intact for equal sharing, happiness, and better way to receive justice. How to Resolve To resolve, attorneys first identify the family members. They can get a conflict waiver if a conflict of interest exists. There should then be another attorney who can give an advise.   Having one attorney maximizes the overall damages. It is tactical and strategic to do so.   To hear about Bicycle and Wrongful Death Part 2 Who May Claim Damages, download and listen to the entire episode.   If you are short on time, here are the highlights of Bicycle and Wrongful Death Part 2 Who May Claim Damages:   Classes of eligible survivors? (2:40) What are the specifics? (5:28) An experienced attorney? (6:30) How to resolve? (8:14) Why have one attorney? (11:03)     Connect with Richard L. Duquette at the following links:   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

  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 death cases benefits victims and their families. It helps them in their search for civil recovery.   A thorough work leaves no room for insurance companies to avoid the damages. For this, Richard advises victims to be patient and to cooperate with the police to obtain justice.   To hear about Bicycles and Wrongful Death Part 1 Proving Fault, download and listen to the entire episode.   If you are short on time, here are the highlights of Bicycles and Wrongful Death Part 1 Proving Fault:   A three-part series? (1:03) How to prove fault? (2:14) No room for argument? (3:43) A case on wrongful death? (4:42) Survival actions? (5:20) If without representative? (6:57)     Connect with Richard L. Duquette at the following links:   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

  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 police do their duty to keep everyone safe on roadways. They are simply doing their jobs when they ask a bicyclist to do something, such as moving aside especially during heavy traffic. The Need to Stay Calm It is unfortunate that people have negative encounters with law enforcers. Justin reminds bicyclists of the significance of courtrooms. To keep their right for argument, bicyclists are advised to avoid giving any statement during such encounters.   Physical cooperation is also important. A bad attitude or overall response could get a bicyclist arrested or worse. It’s critical to remain calm.   To hear about What is a Lawful Order, download and listen to the entire episode.   If you are short on time, here are the highlights of What is a Lawful Order:   Who is Jack Smith? (1:17) Who is Justin Nelson? (3:11) Everyone’s roadway? (7:50) Best way to deal with an issue? (11:53) Giving information to police officers? (17:00) When to make the decision to talk? (19:40) Bicycling and the law? (25:25)     Connect with Richard L. Duquette at the following links:   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

 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 consider are the length of the stem and the distance of the reach. Pro Bikers and Their Speed Professional bikers fit numerous times in a year. They are 60% to 70% more efficient at pedaling in contrast to an average person.   The same applies to all pros of road, touring, and mountain bikes. They know how to spot the issues. The fitting requirement are about the same. The most important things to secure are pedals and cleats for stability.   To hear about Bike Safety and Handling with Rick Schultz, download and listen to the entire episode. Feel free to send Rick a message at bikefitnesscoaching@gmail.com or call him at 949-606-2767.   If you are short on time, here are the highlights of Bike Safety and Handling with Rick Schultz:   Who is Rick Schultz? (1:18) What is bike fitting? (5:58) What are the touchpoints? (6:43) Why pros bike fast but safely? (8:18) Break levers and pads for safety? (11:46) Equipment maintenance? (20:03) Tips on turns, curves, and riding in a peloton? (23:34) Electronic equipment for safety and handling? (27:04)   Connect with Richard L. Duquette at the following links:   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

  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’ perceived expertise or personal experience, or upon the matter “made known to him at or before the hearing.”   Basic Principles   Federal Rule of Evidence 702 provides standards to admit expert testimony. Basic principles are:   Expert must have sufficient knowledge, skill, experience, training, and education Testimony is based on facts or data Testimony is the product of reliable principles and methods Expert must reliably apply principles and methods   (Consider: Federal Law Case Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993))   To hear about the the evidentiary issues and codes in Proving Mild Traumatic Brain Injuries Part 3, download and listen to the entire episode.   If you are short on time, here are the highlights of Proving Mild Traumatic Brain Injuries Part 3:   Providing evidence to trial? (1:27) Factors in getting an opinion? (2:58) Basic principles in admitting expert testimony? (4:27) Factors in admitting novel or scientific methods? (6:17) Legal thongs / essential elements of defense? (7:10) Concluding thoughts (8:33)   Connect with Richard L. Duquette at the following links:   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  

  In today’s podcast, Richard L. Duquette discusses the importance and ways of checking lifestyle changes in Proving Mild Traumatic Brain Injuries Part 2. Tune in to help you decide how to proceed with your case!   Probing Lifestyle Changes   In any case, it is essential for the plaintiff to prove the lifestyle changes caused by the injury. As some say, a brain injury is considered permanent or long term if it still exists after 6 months.   Insurances companies often use diagnostic imaging to deny the basis of the claim. They would go on to say that the symptom has permanently healed or that there’s nothing wrong.   Where Diagnostic Imaging Fails   Diagnostic imaging does not always prove the absence of the injury. Victims can still suffer from lingering symptoms and effects. This can be evident in their sensory, cognitive, and motor functions as well as in their emotions and behaviors. Bizarre actions by clients may need further assessment. Such actions could be caused by a head injury acquired from the accident. Depression can be one of the effects. Finding Help   One way to check lifestyle changes is through neuropsychological assessment. A neuropsychologist can draw insights from the structure and functions of the brain. With this, he can help explain the effects on a person’s psychological facilities.   The assessment aims to diagnose a person’s intelligence, memory, language skills, executive function, visuospatial skills, or a combination of all.   Significance of a Composite Profile   It can be challenging to prove lifestyle changes when there exists no prior psychological records. Providing a record of the prior condition to measure against the after condition will greatly support the case.   For this, plaintiff should be able to gather as much information as possible to provide a composite psychological profile.   To hear about the importance and ways of checking lifestyle changes in Proving Mild Traumatic Brain Injuries Part 2, download and listen to the entire episode.   If you are short on time, here are the highlights of Proving Mild Traumatic Brain Injuries Part 2:   Probing lifestyle effects? (1:48) How to check changes? (3:01) Problem with neuropsychological testing? (5:09) Significance of live witnesses? (7:45) Task of the neuropsychologist and plaintiff attorney? (9:13)   Connect with Richard L. Duquette at the following links:   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  

  In today’s podcast, Richard L. Duquette discusses the symptoms and tools in Proving Mild Traumatic Brain Injuries Part 1. Tune in to help you decide how to proceed with your case!   Mild Traumatic Brain Injury   In a crash, a bicyclist can get different types of injuries from small wounds to traumatic ones. A serious injury, such as a mild traumatic brain injury (MBTI), can increase the value of the settlement by $100,000 or more.   MBTIs can affect a person permanently. For this, a 3-part series will be available to tackle the (1) symptoms and tools, (2) lifestyle effects, and (3) evidentiary issues.   What are the symptoms of MBTI?   Know the symptoms of MBTI. The injured bicyclist can lose consciousness for less than 30 minutes in its mild stage, more than 30 minutes in its moderate stage, and 6 hours or more in its severe stage. Although a person suffering MBTI can return to his usual activities, the symptoms would still exist to hamper him. As discussed in today’s episode, examples of such symptoms are: slower cognitive processes, confusion, diminished vocabulary, mood swings, and many more. How does a bicyclist get an MBTI?   Head injuries are common in bicycling accidents. They are sometimes caused by multiple impacts after being thrown and when hitting the ground.   To help provide the best solution, hence, it is important for the victim to know how he got the injury. Concussions involving temporary loss of consciousness can occur even when wearing a helmet. A broken helmet, bruises, cuts, and other such damages can show how the injury happened.   Diagnostic Tools   Hospital treatments are primarily focused on treating visible injuries. For this, MBTIs often are not detected in an emergency.   Field diagnosis usually depends on what the first responders see. Signs of potential brain traumatic injuries often seem to show up at a later time.   To hear about the symptoms and tools in Proving Mild Traumatic Brain Injuries Part 1, download and listen to the entire episode.   If you are short on time, here are the highlights of Proving Mild Traumatic Brain Injuries Part 1:   What is MTBI? (2:30) How do MBTIs occur? (4:09) Diagnostic tools? (5:15) Glasgow Coma Scale? (6:20) Imaging tools? (7:56) Final thoughts on MTBI? (13:35)   Connect with Richard L. Duquette at the following links:   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  

  In today’s podcast, Richard L. Duquette discusses how Good Samaritans are Protected. Tune in to help you decide when and how to help an injured bicyclist!   In Good Hands   Some people may fear having to face a lawsuit when they come upon a downed rider. They fear the liabilities that can possibly come along with the accident. For this, a few could just stand around the victim while the others ride by without providing help.   Suppose a good samaritan comes along. Well, there’s nothing to fear. Laws have been established in California to protect the good-hearted person.   Not Required to Help   Historically, there have been no mandates that require us to help. If you decide to help a downed rider, you can use “due care” or risk liability. Liability arises only when a person has a special relationship with the victim. None can be punished for not taking action. Encouraged to Volunteer   Today, CA Health and Safety Code Section 1799.102 encourages us to volunteer help in an emergency. It states, “No person who in good faith, and not for compensation, renders emergency medical or nonmedical care at the scene of an emergency shall be liable for any civil damages resulting from any act or omission.”   You won’t be facing a lawsuit as long as you assist a downed rider responsibly. For this, you can provide any necessary actions to help.   Tips When Offering Help   Local paramedics provide the following tips when helping a downed bicyclist: Check if the person is breathing Give CPR only when you know how Don’t move the person Don’t take off his helmet and clothes Tell the person not to move Call 911 for immediate help Guard the person against oncoming motorists and dangers   To hear about the protection and tips in helping a downed rider, download and listen to the entire episode of Good Samaritans are Protected.   If you are short on time, here are the highlights of Good Samaritans are Protected:   Historical background? (1:33) When a bad person makes the mistake? (3:17) Tips when offering help? (3:36) Enrolling in an emergency medical training program? (5:25) Life and death situation? (6:15)   Connect with Richard L. Duquette at the following links:   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  

In today’s podcast, Richard L. Duquette shares the list of immunities that protect the government from a lawsuit. Tune in to Bicyclists Rights against Public Entities, Immunities Shield to help you decide how to proceed with your case!   A Careful Decision   The government enjoys various immunities to liability. Therefore, it is important to choose the right case before filing a claim.   Filing a lawsuit is risky compared to filing a claim, because of the consequences it entails. For this, make sure you have an experienced lawyer to defend your case.   List of Immunities   Recreational immunities – serves to ensure that public and private lands aren’t closed off to use, with exemption for gross negligence. (Civil Code 846, also known as The Recreational Use Statute; See Delta Farms Recreation District vs Superior Court of San Joaquin County 33 Cal. 3d 700 1983) Design immunities – concerns road and other such designs intended for public use and welfare. (Hampton vs County of San Diego 62 Cal. 4th 340 2015) Traffic control immunity – the government has the right to place traffic signs, secure right of ways, etc. (CA Government Code 830.4) Natural and improved conditions – the government is not held responsible for injuries caused by a fallen tree. (CA Government Code 818 § 830.4, 831.2) Discretionary immunity – judgment calls within the course or scope of employment. (CA Government Code 820.2) Trails and roads – the government is not held responsible for issues and/or injuries acquired from a paid recreational activity. (Civil Code 846) Paved trails are still trails – provides immunity for 3 categories of trails. (CA Government Code 831.4)   To hear about Bicyclists Rights against Public Entities, Immunities Shield, download and listen to the entire episode.   If you are short on time, here are the highlights of Bicyclists Rights against Public Entities, Immunities Shield:   Dealing with immunities? (1:55) List of immunities? (3:53) Immunity on unpaved roads? (7:18) Three categories of trails? (8:40) Significance of proper insurance? (11:54) About Hawk Eye Road Hazards? (13:23)   Connect with Richard L. Duquette at the following links:   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  

In today’s podcast, Richard L. Duquette discusses the different types of claims and how to successfully bring them to court. Tune in to Bicyclists Rights against Public Entities, Potholes to Trails Part 2 to help you decide how to proceed with your case!   Building a Permissible Claim   There are different types of claims, particularly in cases where an injured bicyclist will be allowed to sue a public entity. Whatever the claim, the bicyclist must be able to prove the “dangerous condition” that would warrant the case to go to court.   Three things to prove are: that the property concerned is owned or controlled by the public entity; that the property was in a dangerous condition; and, that the injury was foreseeable or reasonably foreseeable.   The Element of Foreseeability   Foreseeability does not apply to the natural conditions of improved land. One should be able to prove that the “dangerous condition” was created by a government employee or that the public entity concerned had actual or constructive notice of the risk.   Proofs can be in the form of pictures, prior complaints, etc. Once foreseeability is proven, the claimant gets the case.   Presenting the Dangerous Condition   As defined, a dangerous condition must create a substantial risk of injury in a foreseeable manner. Hence, the risk present must be of “substance” and not just some trivial circumstance. One must consider the entire condition as well as its surrounding circumstances.   If the plaintiff goes to trial, there stands the need of hiring a cost-effective expert who can help fight back pre-trial motions or motions for summary judgment. The lawsuit expert should be reasonably priced as well. Burdened to Prove   It is good to remember that the plaintiff has the burden of proof. For this, he must be able to gather all necessary proofs that would permit his case to go to court. Join Richard as he shares some of the relevant cases he’s handled.   To hear of Bicyclists Rights against Public Entities, Potholes to Trails Part 2, download and listen to the entire episode.   If you are short on time, here are the highlights of Bicyclists Rights against Public Entities, Potholes to Trails Part 2:   What to prove? (2:16) What is a dangerous condition? (3:40) Securing necessary proof? (4:44) Specific claim: potholes? (5:21) Specific claim: government vehicles? (9:05)   Connect with Richard L. Duquette at the following links:   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

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 government entity.   You can’t go straight to court unlike when you’re suing a private company or entity. In this case, your claim is initially rendered as an administrative one. To turn it into a judicial claim, you must first file a red notice of claim with the government entity you intend to sue.   Providing Proper Notice   It is also highly important that you give proper notice of your claim. To streamline the process, you can access online forms provided by most public entities. Such forms must have relevant information as well as a factual basis of the claim. Pertinent attachments may also be provided by the claimant.     If you don’t know which public entity to sue, it is suggested that you file a case against each possible entity. Once done, you’ll receive a notice or verification that they don’t own it. With this, you’ll know which one you’re filing a claim against.   Vertical and Horizontal Claims   In some cases, you may also want to ensure that you have the right vertical entity as well as the right horizontal entity. Vertical entity refers to the state, county or city involved. Whereas, horizontal entity can be the pending on your injury and the like. To hear of Bicyclists Rights against Public Entities, Potholes to Trails, download and listen to the entire episode.   If you are short on time, here are the highlights of Bicyclists Rights against Public Entities, Potholes to Trails:   Historical Overview? (2:07) How to know which public entity to sue? (4:27) Significance of vertical and horizontal claims? (5:17) The issue of timing? (6:24) Disadvantages to a claim? (8:41)   Connect with Richard L. Duquette at the following links:   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

 In today’s podcast, Richard L. Duquette discusses the economics of justice in a small bike injury case. Richard provides a realistic perspective in Economics of a Small Bike Injury Case to help you decide how to proceed with your case.   Historical Overview   The legal claim field has titled to the side of the insurance adjuster. In the 80’s a typical case settled for 3 times the medical bills. This provided for pain and suffering in addition to paying for the medical bills. Everyone walked away generally happy.   In the 90’s insurance companies began pumping millions of dollars into tort reform via advertising and politics. This changed things drastically.   Today, the victim is being offered just medical bill repayment. The changes over time have shifted the burden of proof over to the victim in order to pursue a case.   This process can be so overwhelming and confusing for many so they just give up. The big corporations win and the victims lose.   Fight Back   Don’t give up. You can still fight with a small case if there is proof of clear liability or fault and limited damages. This might include some bicycle damage and a sprain, strain, whiplash, abrasions, contusions and even some non-displaced fractures.   Computers and Evaluation   Each person and their injuries are like a snowflake, they are unique. Because of the insurance company's stance of deny, delay and defend, the discretion available to the front-line adjusters is very limited. Your case is probably going to be determined by a computer instead.     Appointed Judges and Politicians   With the onset of appointed judges and politicians came a movement of anti-consumer views. This change can be seen with respect to your personal health insurance (collateral source) versus your medical bills. Today, medical damages are calculated by the amount paid and not the amount billed.   To hear more of the issues of Economics of a Small Bike Injury Case, download and listen to the entire episode.   If you are short on time, here are the highlights of Economics of a Small Bike Injury Case:   What are the Terrible 200’s? (2:33) What is a small case? (4:05) What is Colossus? 5:20) The Medicare maze? (11:20) Limited court access? (12:10) What about Small Claims court? (14:33)     Connect with Richard L. Duquette at the following links:   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  

In today’s podcast, Richard L. Duquette discusses Grassroots Bicyclist Advocacy. Tune in to learn about the basic principles in promoting safety for bicyclists!   On the Same Trail   Safety is always important in bicycling. With it stands the need for pertinent changes in both legislative and local sectors.   Everyone doesn’t have to be in the same political party. However, we can always agree on key issues to help make our roads and recreational trails safer for bicyclists.   Grassroots Organizing 101   To be effective in rallying out the cause, it’ll be beneficial to consider the basic principles in grassroots organizing. Take for example the participation of democrats in the San Diego GO team—they have known to increase by 10%. Through effective promotional tools, advocates apparently can do a lot to increase voter turnout.   This is most effective by way of personal contacts. Advocates can establish relationships among their geographic locations. They can appoint community coordinators and precinct leaders to help achieve specific goals.   Steps in Organizing There are basically two steps in grassroots organizing. The first is to divide a territory. For this, ideal coordinators are people persons, such as teachers, social workers, healthcare professionals, and the like.   Community coordinators are those who can walk through the neighborhood and can be active in carrying out plans. People who aren’t very good in interacting with others can serve as analyzers or evaluators of specific issues or tasks.   The second step is to train the leaders constantly. This requires a consistent follow up to achieve the goals. With the help of effective leaders, advocates can collect relevant information and track voter turnout for future references.   To hear of Grassroots Bicyclist Advocacy, download and listen to the entire episode.   If you are short on time, here are the highlights of Grassroots Bicyclist Advocacy:   Advocating for safety? (0:58) Grassroots organizing? (3:16) Training effective community leaders? (7:07) Working with political leaders? (11:12) Call to action? (11:42)   Connect with Richard L. Duquette at the following links:   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  

In today’s podcast, Richard L. Duquette discusses Ten Tips to Avoid Being Doored. Richard’s prior episode discussed the Door Zone Debate and where to ride to be safe and in compliance with the law.   How Often Does It Happen   Cyclists are doored more often that you would think. Although cyclist try hard to avoid this dangerous occurrence, it is second only to a vehicular right hook turn as a cause of bicycle injuries.   Richard has successfully investigating and resolving several doored injury cases, he’s offering his tips to avoid an injury.   Tip #1   Choose a safe wide route. Avoid one that is lined with cars. Prevention is the best cure, always. Your route is critical so pick a safe one with a bike lane or bike route lane so there is separation between you and the parked cars.   Ride as far to the right as possible but when in a bike lane, move as far to the left as possible to give you more space especially if the lane is buffered. If you are riding in a group, ride single file as opposed to side by side.   Tip #2   Slow down and pay attention. If you are riding on a car-lined route, slowing down and paying attention instead of conversing with someone next to you will improve your reaction and braking time in a heavily congested area. Ride single file.   To hear the rest of Richard’s Ten Tips to Avoid Being Doored, download and listen to the entire episode.   If you are short on time, here are the highlights of Ten Tips to Avoid Being Doored:   What is being doored? (1:52) Where should you keep your hands? (4:04) How many feet should you ride from car doors? (4:27) Looking at brake lights (5:39) What to do if you get hit? (5:55) What is imminent peril? (7:09)   Connect with Richard L. Duquette at the following links:   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  

In today’s podcast, Richard L. Duquette discusses the Door Zone Debate. Bicyclists are generally required to ride as far to the right as possible or practical or in a posted bike lane.   Two Sides   The conservative view is to ride as close the right as possible. That is the law and you should follow the law as closely as possible.   Others say to take the lane completely to the conflict of the law.   Resolve the Door Zone Debate   When riding in a door zone, realistically cyclists must know that motorists inattentively fling open car doors and often seriously injure cyclists.   A statute defining the zone would have added more protection for the cyclist. Instead the prevailing statute in California reads “no person shall open the door of a vehicle on the side available to moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of such traffic...”   It’s a Balancing Act   Many motorists don’t look when opening their doors and hit cyclists by either bumping them or causing the cyclist to t-bone their door.   This can lead to the cyclist being flung into traffic causing serious injuries. As a cyclist you must use your common sense when riding in a door zone.   To hear more about Door Zone Debate, download and listen to the entire episode.   If you are short on time, here are the highlights of Door Zone Debate:   Is there an actual defined door zone? (1:17) What to do when riding in a door zone? (2:45) Cyclists must use common sense (4:26) What might the insurance company say? (4:52) What is Richard’s suggestion? (5:50)   Connect with Richard L. Duquette at the following links:   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  

 In today’s podcast, Richard L. Duquette discusses strategies to increase your success with 13 Ways to Win Your Bike Case.   Communicate with Your Lawyer   Keep in contact with your lawyer regarding doctor’s appointments via email or phone. Schedule in-person appointments even if they are brief. This will keep you both up to date with your case. It holds your lawyer accountable because they will have to review your file.   Avoid Posting Online   This is really really important. Avoid posting any pictures or content regarding your case on any social media or internet sites.   Regardless of the situation, they can be taken out of context and used against you.   Be careful of what you do. If you are entering races, there are databases online where your results will be posted. Be mindful and maintain your privacy.   Frustrations and Stress of Case   Oftentimes, there is stress and frustrations associated with this type of case. Talk to your lawyer. Iron out issues and don’t stew on them. This will also develop a solid relationship with your lawyer.   Cost of Fees   Most injury cases are contingency based. The cost of litigation should be advanced by the client if at all possible so long as it does not burden the client if they are out of work. This establishes accountability and commitment even if it is a small amount.   To hear the rest of 13 Ways to Win Your Bike Case, download and listen to the entire episode.   If you are short on time, here are the highlights of 13 Ways to Win Your Bike Case:   Lawyer accountability  (1:15) Adjusters are stalking you (1:40) Level the playing field (4:15) Doctors know best (5:35) Defense medical exam (8:35)   Connect with Richard L. Duquette at the following links:   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