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Bicycling and the Law - 911Law.com

Bicycle law and related topics to educate cyclists. California law will be the primary focus, but general legal principles will also be discussed.
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Bicycling and the Law - 911Law.com
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Jun 6, 2018

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:

 

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

May 30, 2018

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:

 

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

May 23, 2018

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:

 

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

May 16, 2018

 

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:

 

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

 

May 9, 2018

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

 

Apr 25, 2018

 

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:

 

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

 

Apr 11, 2018

                                                                                                   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:

 

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

 

Apr 2, 2018

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

 

Mar 21, 2018

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

 

Nov 8, 2017

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

 

Nov 1, 2017

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

 

Sep 20, 2017

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

 

Sep 13, 2017

                                                                                                                                                                                                          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:

 

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

Sep 6, 2017

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

Aug 30, 2017

 

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

Aug 23, 2017

                                                                                                                                  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

Aug 16, 2017

                                                                                                                                                                                                                      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

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© 2016 Law Firm of Richard L. Duquette

Aug 9, 2017

                                                                                                                                                                                                                      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

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© 2016 Law Firm of Richard L. Duquette

Aug 2, 2017

 

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

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© 2016 Law Firm of Richard L. Duquette

Jul 26, 2017

 

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

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© 2016 Law Firm of Richard L. Duquette

 

Jul 19, 2017

 

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

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© 2016 Law Firm of Richard L. Duquette

Jul 12, 2017

 

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:

 

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

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© 2016 Law Firm of Richard L. Duquette

Jul 5, 2017

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:

 

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

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© 2016 Law Firm of Richard L. Duquette

Jun 28, 2017

                                                                                                                            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:

 

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

Jun 21, 2017

 

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

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