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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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Now displaying: July, 2016
Jul 27, 2016

In today’s podcast, Richard discusses where bicyclists should ride safely and within the law. Richard L. Duquette will discuss do I control the traffic lane.

 

Marked Bicycle Lane

 

The bicyclist needs to ride within that lane unless there is an obstacle such as a foreign object or passing, overtaking another bicyclist, making a left hand turn, avoiding hazardous debris and when there is a dedicated right turn lane.

 

No Bike Lane

 

When there is no bike lane, bicyclists are required to share lanes with traffic. You need to ride as close or practicable to the right hand edge or curb of the roadway. This is when you should be riding single file. Especially when there is traffic oncoming or coming from behind.  

 

Monopolizing the Lane

 

It’s important to remember that bicylsits are not equal to motor vehicles in size or power. If you are in an accident with a motor vehicle and you have been monopolizing the lane, the insurance adjuster will take a dim view of your case. The reasonable person would not ride in the middle of the lane since it is inherently dangerous.  

 

To hear more about Do I Control the Traffic Lane, download and listen to the entire episode.

 

If you are short on time, here are the highlights of Do I Control the Traffic Lane:

 

What are the rights and duties of a bicyclist? (:50)

What’s required when sharing lanes with vehicles? (2:36)

What is a vehicular bicyclist? (4:35)

What is contributory negligence? (6:00)

Keys to riding safely? (7:45)

 

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

Jul 20, 2016

 

In today’s podcast, Richard L. Duquette will discuss Combating Road Rage.

 

Civil and Criminal Actions

 

As cyclists we all know there is a lot of road rage going on out there. Richard has seen a man actually jump out of his truck and start attacking a fellow cyclists!

 

Often times drivers try to harass you by buzzing you and then driving away.

 

If you are hit by a driver in CA, it’s considered assault with a deadly weapon. Those drivers can lose their license for life.   

 

You can combat road rage through civil and criminal actions.

 

Reexamination of Motorists Driving Privilege

 

Another way you can combat road rage is by reporting the incident. You can report the road rager to the DMV or a law enforcement officer. 

 

The DMV can determine if they are a competent driver. For instance, they could have a history of drug or alcohol addiction or a mental health condition.  Conditions which could make them unsafe to drive.

 

To hear more about Combating Road Rage, download and listen to the entire episode.

 

If you are short on time, here are the highlights of Combating Road Rage:

 

Assault with a deadly weapon (2:00)

Civil v criminal case? (3:45)

What are punitive damages? (4:15)

Jail time (5:45)

Your strategy is important to maximize damages (6:00)

 

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

DMV and Justice article

 

© 2016 Law Firm of Richard L. Duquette

 

Jul 13, 2016

 

In today’s podcast, Richard discusses the process in choosing a lawyer for your cycling accident. Richard L. Duquette will discuss what to think about when Picking a Great Bike Injury Lawyer.

 

Qualifications

 

In today’s age of technology and social media, lots of lawyers look great! Richard cautions you to dig deep. The flashy website might not equate to the experience necessary to win your case.

 

Look for a lawyer that has been in practice at least 20 years and with a good reputation.

 

Has the lawyer been loyal to victims or has he switched over from the insurance side? Does he represent the little guy or big guy?

 

Specialized Training

 

See if your lawyer has taken some advanced or specialized training in representing cyclists and everyday people. You want to avoid a mill type lawyer that settles by volume.

 

Look for a lawyer that will fight for you and is willing to go to trial. You want an attorney that has trial experience that knows the courts, knows how to try a case and can connect with the jurors.

 

Connecting with your Attorney

 

Does your lawyer connect with you the cyclists? It’s important to find a lawyer that knows the nuances of cycling and how it relates to your individual lifestyle.

 

To hear more about Picking a Great Bike Injury Lawyer, download and listen to the entire episode.

 

If you are short on time, here are the highlights of Picking a Great Bike Injury Lawyer:

 

Lawyer qualifications (1:45)

Specialized training? (3:05)

Courtroom experience (4:56)

Why contingency is important (6:52)

Importance of self-help articles? (9:42)

 

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

 

Jul 6, 2016

In this episode Richard L. Duquette digs deeper into the question of cyclist insurance and discusses umbrella policies and types of coverage.

If you're short on time, here are highlights of the episode:
 
Shopping for an Umbrella Policy with Underinsured and Uninsured motorists (1:10) 
 
Definition of Uninsured driver (1:33) 
 
Definition of Underinsured (1:47) 
 
Auto Insurance protection for bicyclists (2:05) 
 
Explanation of Umbrella policy (2:40) 
 
Umbrella policy for Liability vs. Underinsured and Uninsured Motorist (3:10) 
 
When to get an Umbrella? (3:48) 
 
Umbrella Recommendation (4:31) 
 
Cost of Umbrella policy (5:07) 
 
Types of Coverage (5:55) 
 
Recent Real World Example (6:20) 
 
Exhausting Policy before Umbrella begins (6:38) 
 
Full articles at 911LAW.com (7:04) 
 
 
 
Resources
 
 
 
Call Richard: 760-730-0500
 
 
 
© 2016 Law Firm of Richard L. Duquette
 
 
Jul 6, 2016
Having the correct auto insurance is actually a very important step for any cyclist to take. Richard L. Duquette tackles the issue of insurance in this episode specifically discussing what to do if you are in an accident and the "bad guy" is either uninsured or under-insured.
 
If you are short on time, here are the highlights of the episode!
 
Having the correct insurance [0:51]
 
Example of how this plays out with an uninsured or under insured [1:30]

What this insurance will do for you [2:12]
 
How your insurance can help and how this works in California [3:00]
How this works in more difficult cases like loss of life [3:28]
 
Richard looks at the declaration page first to determine if your own policy covers you [4:00]
 
Some agents try to talk people down to save money on UM or UIM, but it’s not worth the loss of benefit [4:30]
 
UM or UIM is great investment in your family [5:20]
 
 
 
Resources
 
 
 
Call Richard: 760-730-0500
 
 
 
 
© 2016 Law Firm of Richard L. Duquette
Jul 6, 2016
Richard welcomes cyclist John Howard to the show. John is an expert witness and will share his knowledge in Personal Injuries and Cycling with John Howard.
 

John Howard the Cyclist

John Howard set the first land speed record in 1985 at 152 mph. He was the first Ironman Kona winner, he represented Team USA in the 1968, 1972 and 1976 Olympic games and won a gold medal at the Pan-American Games.

Creating a Safe Riding Environment
 
There was a 33% volume increase in cyclists in the last few years. The increase in cyclists necessitates the need to create a safe riding environment for both riders and motorists alike.
 
The Bike Fit
 
 
It’s important that cyclists are correctly fit for their bikes. This ensures optimum comfort and safety. A good bike fit makes it easier to brake, corner, accelerate and climb safely. It also makes the experience more enjoyable for the rider.
 

Skill

A certain amount of skill is required to safely ride a bike as well. John teaches riders to safely climb, corner, brake, shift, ride in packs, pace lines and echelon. John’s goal is to make riders comfortable in traffic. A relaxed and comfortable rider is a safe rider.

To hear more about Personal Injuries and Cycling with John Howard, download and listen to the entire episode.

If you are short on time, here are the highlights of Personal Injuries and Cycling with John Howard:

 

Who is John Howard? (1:08)

John’s perception of cycling today? (2:22)

Selecting a bike (9:15)

Picking a safe route to ride (14:00)

Distracted motorists (16:00)

Denise Mueller Land Speed Record attempt (19:25)

 

Connect with Richard L. Duquette and his guest, John Howard at the following links: 

Project Speed website

Video of John’s land speed record ride

John Howard Performance Sports

John’s book Mastering Cycling

 
 
 
Call Richard: 760-730-0500
 
 
 
 
© 2016 Law Firm of Richard L. Duquette
Jul 6, 2016

 

Richard welcomes Denise Mueller to the show. Denise is joined by her coach John Howard and Shea Holbrook her professional driver. Denise will attempt Breaking the Land Speed Record with Project Speed in Bonneville, CA later this year.

The Cyclist

Denise began her cycling career as a junior, racing from 14-18 years old. She earned national championships before settling into life with children and a business owner.


In 2010, Denise again took up cycling to begin another chapter in her racing career. Her goal is breaking the land speed record. This has never been done by a female.

Shea Holbrook the Driver


Shea comes from a car racing background. She will be leading Denise in a Range Rover SVR Sport that has the capability to exceed 150 mph. Denise will draft this vehicle in her record attempt. This interview is the first time Denise and Shea have met!

John Howard the Coach

John set the first land speed record in 1985 at 152 mph. He would later coach the man that broke his record in 1995 at 167 mph. Now John is coaching Denise in her attempt to at Breaking the Land Speed Record with Project Speed.

 

To hear more about Denise’s attempt at Breaking the Land Speed Record with Project Speed, download and listen to the entire episode.

 

If you are short on time, here are the highlights of the episode:

 

Who is Denise Mueller (1:28)

Who is Shea Holbrook? (3:27)

The Jaguar draft vehicle (10:37)

Who is John Howard? (15:07)

History of high speed records (23:40)

Mental preparation (40:57)

Transition from assist to pedaling (56:35)

 

Resources
 

Project Speed website

Donate

Denise on Facebook

Video of John’s record ride

Shea Holbrook’s website

John Howard Performance Sports

 

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

Jul 6, 2016
With over 32 years of experience, Richard L, Duquette has been a leading bicycle injury attorney serving Southern California. This podcast will discuss a variety of topics such as: releases, claims, what to do when you’re hit, evidence, knowing your right, medical examinations and so much more. Richard’s passion is bicycling and he will educate the listener on rules of the road and how to protect yourself. In addition to the content Richard shares from his over 32 years of experience, listeners can also expect occasional guests such as athletes, local bike clubs, and local bike shops. Suggestions for show content is welcomed. Email ideas to rlduquette@911law.com.
 
Show Notes:
 
[0:09] Richard’s cast experience
[0:20] primary focus and general legal principles
[0:53] listening doesn’t constitute an attorney client relationship
[1:11] topics covered in the podcast
[1:59] how a crash impacts your life
[2:08] other topics: pain and suffering and calculating medical bills
[2:28] other hot topics
[3:06] topic suggestions are welcome
 
Resources
 
 
 
Call Richard: 760-730-0500
 
 
Follow Richard on Twitter
 

© 2016 Law Firm of Richard L. Duquette

 
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