In today’s podcast, Richard L. Duquette discusses how you can resolve your bicycle accident case by Reconstructing a Bicycle Crash.
Analyze the Evidence
The physical evidence tells a story. Evidence like the point of impact and the defendant’s speed. Speed can be calculated with the length and direction of skid marks. You’ll also need to factor in the surface of the road and the slope.
Look around for broken parts in order to establish the point of impact like broken light lenses, exterior trim, etc.
Photograph the damage to the vehicle. The point of impact is also key evidence. It can point to the amount of inattention the motorist had.
Witnesses
Witnesses provide a voice for the physical evidence. This is especially important if there is limited physical evidence. Get as much information as you can from each witness. Remember they might move.
Document Attentiveness of Cyclist
Verify the cyclist was riding as close to the right side of the road as was practical. Remember the insurance company will try to cast blame on the cyclist. Anticipate this and document the cyclist was riding correctly. This is especially important of witnesses.
To hear more about what Reconstructing a Bicycle Crash, download and listen to the entire episode.
If you are short on time, here are the highlights of Reconstructing a Bicycle Crash:
Importance of skid marks (1:38)
What is statementizing witnesses? (3:03)
Inspect the vehicle inside and out (5:42)
Maintain a chain of custody for evidence (9:15)
Engaging brakes (12:00)
Connect with Richard L. Duquette at the following links:
Call Richard: 760-730-0500
Connect with Richard on Facebook
© 2016 Law Firm of Richard L. Duquette
In today’s podcast, Richard discusses how to help you resolve your case through careful documentation and how this Evidence Wins Injury Cases.
Evidence Collection
Precise evidence collection will often win a case. This can be done with an investigator but also by you. Take photographs, document evidence and collect witness names at the scene. This will help you prove fault in your case and settle for a fair value.
Plaintiff Has Burden of Proof
Remember you the plaintiff have the burden of proof. Make sure you can back it up.
Witnesses
Don’t rely upon the police report to obtain the names of witnesses. People come and go from the accident scene. It’s important to obtain all of the names you can. Get their name, driver license number and their auto license number.
If you are on a group ride, get all of the riders names. This is important to document speed and conditions.
Target Defendant
Current insurance policy, whose car they are driving, admission statements like I wasn’t looking, etc.
Your Equipment
Lights, clothing, helmet, GPS, condition of bike, these are all important pieces of evidence to prove you were riding visibly and safely. Remember to take lots of pictures.
To hear more about what Evidence Wins Injury Cases, download and listen to the entire episode.
If you are short on time, here are the highlights of Evidence Wins Injury Cases:
Collection of evidence (1:10)
What are lifestyle change witnesses? (2:58)
Crash site photos are vital (4:49)
Your injuries and medical care (6:28)
Proving financial losses (7:23)
Your insurance (8:10)
Connect with Richard L. Duquette at the following links:
Call Richard: 760-730-0500
Connect with Richard on Facebook
© 2016 Law Firm of Richard L. Duquette
In today’s podcast, Richard discusses what to expect when you end up in criminal court and what your Cyclist Rights in Court are.
Victims of Criminal Conduct
If you or a family member have fallen victim to a vehicular homicide, hit and run or have been hit by a drunk driver, you have the right to be heard and compensated.
Victim Impact Statement
Sometimes just being heard is one of the biggest ways to heal during a difficult situation. You can walk up to the podium and explain to the judge what your losses are. You can even comment on sentencing of the defendant. Being heard and apologized to in court is a very healing experience.
Notifications
You have the right to be notified by the district attorney and the probation department of the probation department, especially if you are subpoenaed. You have the right to be told of court dates, the status of the defendant and what kind of sentence they received.
To hear more about your Cyclist Rights in Court, download and listen to the entire episode.
If you are short on time, here are the highlights of Cyclist Rights in Court:
Right to be heard (1:38)
Recovery of evidence (2:50)
Rights to economic compensation? (3:20)
What about pain and suffering restitution? (4:47)
Enforcing court orders? (5:47)
Civil vs. Criminal (6:24)
What is a restitution hearing? (7:28)
Connect with Richard L. Duquette at the following links:
Call Richard: 760-730-0500
Connect with Richard on Facebook
© 2016 Law Firm of Richard L. Duquette
In today’s podcast, Richard discusses how claims are investigated. Richard L. Duquette explains exactly How Insurance Companies Investigate and what you can expect.
Gather Evidence
After you have been in an accident where you are not at fault, what do you do? First, you must protect your own interest. Gather your thoughts, make sure you are medically ok, you begin to gather evidence.
Knowledge is Power
You are not entitled to anything, you have the burden of proof. At the same time, a trained insurance adjuster is building their case against you.
Sometimes you might be videotaped to prove you are performing functions of daily activity and you are not in pain. Don’t exaggerate your claim.
Phone calls with adjusters will be recorded. These calls might be used out of context to impeach your credibility. Don’t be enticed to answering questions.
You might be asked to sign a broad release of your records. This could be medical, employment, etc. where they are going to use your past history against you. Don’t sign broad releases.
To hear more about How Insurance Companies Investigate, download and listen to the entire episode.
If you are short on time, here are the highlights of How Insurance Companies Investigate:
Who has the burden of proof? (1:28)
What to do if an adjuster calls? (3:35)
What about collateral insurance? (5:00)
Beware of social media! (6:00)
What should you disclose to your lawyer? (9:17)
Connect with Richard L. Duquette at the following links:
Call Richard: 760-730-0500
Connect with Richard on Facebook
© 2016 Law Firm of Richard L. Duquette
In today’s podcast, Richard discusses the issues of a blog article on the 911 Law website. Richard L. Duquette will discuss Bicycle Club Risk Management. The intent of this podcast is to protect the viability of our organizing groups.
Risks of the Ride
Some motorists complain that bicyclists aggressively exercising their vehicular rights to “take the lane”. This type of behavior can lead to a contentious relationship between bicyclists and motorists that share the same road.
Sometimes ride leaders are inexperienced and that can lead to accidents. Group leaders beware. Even if there is evidence of no prior accident, it’s considered inadmissible to show that no dangerous condition existed.
Inherent Risks
Many clubs and management will claim bicycling has inherent risks. This defense is often applied in court but it relies upon the underlying facts. It’s contingent upon the unpredictable jury case process. What if your 12 jurors are not bicyclist friendly?
Manage the Risks
Each club should form a corporation or an LLC to protect its officers and directors from personal liability. Each club should also be properly funded and organized so the corporate veil is not pierced.
Each club or sponsor should carry general liability insurance of 5 million with coverage extending to officers and directors with each named. This is especially important for race sponsors.
To hear more about Bicycle Club Risk Management, download and listen to the entire episode.
If you are short on time, here are the highlights of Bicycle Club Risk Management:
12 Angry Men? (6:00)
Why insure your club? (9:38)
Importance of waivers? (10:00)
Easiest way to manage risk? (10:15)
Selecting a group leader? (13:15)
Connect with Richard L. Duquette at the following links:
Call Richard: 760-730-0500
Connect with Richard on Facebook
© 2016 Law Firm of Richard L. Duquette