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:
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 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:
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 A Victim's Guide to Sentencing with Michael Norton, an attorney from North San Diego County.
Criminal Conduct
Many bicycle and pedestrians fall victim to criminal conduct in the process of being injured. The issue then becomes how do you compensate them.
Victims can seek punishment and retribution. Some of the accused end up in prison for their criminal conduct. However that’s separate from collecting money.
Who Becomes the Target?
Many times, in a criminal case, the defense attorney will work with the personal injury attorney and exchange information. Their common goal is to target the insurance company.
When the attorneys work together, it can facilitate a prompt settlement with the insurance company.
A Defense Attorney’s Perspective
It’s very important for the defense attorney and the personal injury attorney to work together.
The defendant's attorney recognizes the victim has input into the case. The D.A. will ask the victim about what the final outcome is, if they are ok with that outcome and what they would prefer.
The defense attorney wants his victim to be as happy as they can be under the circumstances. If the victim is taken care of, such as a prompt settlement with the insurance company, they are more likely to being receptive to alternate forms of custody.
To hear more about A Victim's Guide to Sentencing, and Michael Norton’s take on the interplay between the personal injury attorney and the defense attorney, download and listen to the entire episode.
If you are short on time, here are the highlights of A Victim's Guide to Sentencing:
How can a victim’s guide assist your case? (1:25)
Criminal police reports vs. simple traffic collision reports? (3:35)
Restitution and different programs. (7:57)
What is a declaration important? (12:24)
Benefit to defendant and taxpayers? (19:08)
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 Bicycle Light Law at Dark. As the fall leaves change colors and the days get shorter the sun sets earlier. This affects many cyclists who commute during the dark hours.
Determining Sunset and Sunrise
In California, darkness is defined as :30 after sunset and :30 before sunrise. To precisely define that, look on the Navy Meteorological and Oceanography Command website.
Here you find various standards of time. If you look at June 14, 2014, it was the shortest night of the year. There were 14:54 of daylight and sunset was at 8:37pm.
If you were riding without a light at 7:45pm and involved in an accident, you would be considered law abiding. You could not be in violation until after 9:00pm.
Adjusters Chipping Away at Your Claim
Insurance companies do whatever they can to minimize your claim. They use comparative fault principles. The definition of comparative fault as there must be a substantial factor that causes an injury. If it’s dusk and not dark, that is a trivial factor in any legal consequence.
To hear more about Bicycle Light Law at Dark, download and listen to the entire episode.
If you are short on time, here are the highlights of Bicycle Light Law at Dark:
Legal definition of darkness? (1:10)
Comparative Fault Defense Argument? (2:35)
The insurance company adjusters are trying to spook you (4:30)
Where to look for electric bike information (5:14)
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