In today’s podcast, Richard L. Duquette discusses how you can resolve your bicycle accident case when drinking was involved by Suing a Drunk Driver.
Drugs and Alcohol
The use of drugs and alcohol are prevalent in California while driving. They are very common situations and often times involve bicyclists.
Punitive Damages
Punitive damages give the cyclists a strong sword in settling and leveraging the case. Many times the defense tries to strike that from the case.
Burden of Proof
Remember the plaintiff has the burden of proof. They must plead and prove through clear and convincing evidence that the defendant is guilty.
You also have to show there is a willful and conscious disregard to safety to prove malice in fact. You also want to show despicable conduct on the part of the defendant.
You have to find facts. Like knowing that the defendant knowingly took drugs or alcohol and they appreciated the effects that the alcohol and/or drugs had on their behavior.
You can also look to see if the defendant has any prior record with regard to taking drugs or alcohol and further establish despicable conduct.
To hear more about establishing a strong punitive damage case by Suing a Drunk Driver, download and listen to the entire episode.
If you are short on time, here are the highlights of Suing a Drunk Driver:
Punitive damages (3:00)
What is malice in fact? (4:35)
What is despicable conduct? (5:49)
When the defendant pays more than the policy limits (9:10)
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 L. Duquette discusses strategies to help maximize your damages and increase the success of your case with Richards 6 Tips to Protect Your Accident Rights.
If you are injured in an accident these tips discussed will protect your rights and help you understand the claims process.
Importance of Photographs
Obtain photographs from your surgeon which can later be used to explain your injuries. For instance, these could be photos of a screw placed during surgery, images of a torn meniscus or x-rays showing any hardware in the body.
You want to be able to explain and show to an adjuster or jury the nature, permanency or severity of your injuries.
Log Your Motivation
Photograph yourself at therapy. Have someone snap some photos of you performing the prescribed exercises at your therapy sessions.You want ot show that you are really motivated to get better.
This is important in determining future medical care. It also shows you are trying to get better and not milking the system.
Demand Loss of Use
Los of the use of your bicycle is similar to loss of use when your car has been damaged and you have lost the use of it. You are entitled to loss of use compensation.
To hear more Tips to Protect your Accident Rights, download and listen to the entire episode.
If you are short on time, here are the highlights of Tips to Protect Your Accident Rights:
A picture is worth a thousand words (1:45)
What is your work day like? (2:00)
Use a focus group (3:12)
Negotiate in turn (4:55)
Statute of limitations (6:17)
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 L. Duquette discusses how to get compensation adequate for Carbon Fiber Bike Repair and Recovery.
Carbon Fiber
Carbon Fiber (CF) is very popular for bike frames. They are basically works of art. They are durable, strong and they look good.
CF has a tensile strength of 33 million pounds per square inch! This is a main reason they are so popular.
Some CF is reinforced with epoxy. These are layered with resin and cloth much like a surfboard.
Defective Parts
There is not as much oversight in overseas manufacturing of carbon fiber bikes. Therefore, your CF bike or CF bike parts might have been delivered defective. There are engineering tests that can be conducted to determine if the CF items were defective or were caused by the accident.
Problems With Carbon Fiber
If you suspect there is a problem with your CF bike or parts, take it into your bike shop. It might still be covered under warranty. Be aware of normal wear and tear and misuse clauses.
To hear more about how to maximize your Carbon Fiber Bike Repair and Recovery, download and listen to the entire episode.
If you are short on time, here are the highlights of Carbon Fiber Bike Repair and Recovery:
What is carbon fiber? (1:45)
Did the crash cause the crack or was it pre-existing? (2:40)
Look closely at advertisements! (5:20)
Check your insurance for coverage (6:45)
Who to call for a second opinion on CF? (7:50)
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 L. Duquette discusses how to replace your property that was damaged in a bicycling accident with his 4 Tips to Recover Fair Property Damage Settlement.
The Adjusters are Skeptical
Insurance adjusters are skeptical. The value of bikes, especially carbon fiber ones are high. But the the adjusters do not want to overpay because their files are audited and they must justify the settlements they agree to.
Tip One
The general rule is you are entitled to the reasonable compensation for the damage to your bike and to your clothes, watch, computer, etc. Have an experienced bike mechanic estimate the total cost to replace your bike.
Tip Two
What to do if your bike is not totaled. The law allows you to repair your bike so it is repaired to the fair market value it was immediately before the crash. This includes the cost of parts and labor to perform the repairs.
Tip Three
You can recover the depreciation in value of a damaged bike.
To hear the rest of Richard L. Duquette’s 4 Tips to Recover Fair Property Damage Settlement, download and listen to the entire episode.
If you are short on time, here are the highlights of Tips to Recover Fair Property Damage Settlement:
Why insurance adjusters are skeptical (1:20)
Who has the burden of proof? (2:02)
What about classic bikes? (3:45)
Loss of use (4:45)
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