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.
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.
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.
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:
To hear about the terms of a test ride, download and listen to Bicycle Store Test Ride Agreement and Covenant Not to Sue.
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© 2016 Law Firm of Richard L. Duquette
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!
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.
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.
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:
To hear about other ways that an insurance company seek to escape responsibility, download and listen to Fairly Defining the Legal Risk of Bicycling.
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© 2016 Law Firm of Richard L. Duquette
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 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.
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.
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:
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© 2016 Law Firm of Richard L. Duquette
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
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."
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 lights must be seen 300 feet away. Mount a light on your handlebars. Doing so illuminates both your bicycle and the road.
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:
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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
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.
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.
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.
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© 2016 Law Firm of Richard L. Duquette
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!
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© 2016 Law Firm of Richard L. Duquette
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.
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.
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.
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:
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!
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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!
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.
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.
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.
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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!
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.
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.
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!
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© 2016 Law Firm of Richard L. Duquette
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!
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.
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.
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:
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In today’s podcast, Richard L. Duquette interviews the Olympians Nelson Vails and John Howard in the show, “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.
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.
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.
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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!
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.
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.
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!
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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!
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.
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.
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!
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© 2016 Law Firm of Richard L. Duquette
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!
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.
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.
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!
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© 2016 Law Firm of Richard L. Duquette
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!
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.
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.
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!
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© 2016 Law Firm of Richard L. Duquette
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!
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.
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.
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!
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On today’s episode, Richard Duquette talks about Made in the USA Part 2. This series aims to present how local consumers and bicycle retailers can avoid defective foreign bicycles. Tune in to hear classic insights about the judicial system, how you can take action, and some practical legal solutions!
In the previous episode, you heard about how expensive litigation is for the hurt bicyclist or retailer. Also, you heard about how some bicycles are designed. The design process can be done in the US, but the products could come from overseas manufacturers.
There is also the insurance defense scam accusing bicyclists of riding negligently.
When you get hurt from a defective bicycle, it’s typical to call a lawyer to help you out. You could think about getting a fair share in court if the case doesn’t settle.
However, the judicial system is in need of balance. Some jurists are conservative appointees, and many come from the insurance defense industry.
Consider one local jurist for example. He has invested over a million dollars in different insurance companies. It would cause great concern if the consumer knows about it.
Judges know it’s expensive to litigate. The case can go on and ultimately grind down on the injured bicyclist. There is a great financial risk.
The system is good for ensuring a case has merit. But even with merit, it could still be difficult to prevail.
To hear about Made in the USA Part 2, 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!
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On today’s episode, Richard Duquette talks about the concerns revolving around local bicycle consumers and retailers. How can they protect themselves from defective bicycles from other countries? Nowadays, competing manufacturers and retailers abound even in the internet. Tune in to Made in the USA Part 1!
The US imported more than 7 million bicycles in 2012. Primary sources were China and Taiwan. Many of the units were attractive, but some were defectively designed and manufactured.
Unfortunately, the defects have the tendency to harm the bicyclist. If you try to sue the manufacturer, obtaining justice is cost prohibitive or too expensive. This is why this series aims to help identify general safety and legal issues.
Although these bicycles generate profits for corporations, genuine safety is still of paramount importance.
The bicycles were too thin and too narrow. The designer reportedly focused on aerodynamics, cost, weight, and ascetics. Safety, however, appeared to have been overlooked.
To hear about Made in the USA Part 1, 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!
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On today’s episode, Richard Duquette discusses Corporate Culture and Bicyclist Part 3. Each corporation is unique and has its own bylaws. When dealing with the law, it is helpful to be completely fair and neutral. Tune in and learn about transparency, record keeping, and other related issues!
In the first episode of this series, Richard talked about rogue corporations, the different responsibilities, and particular case studies. The second episode tackled law and ethics, nonprofit categories, and other related topics.
There are things that can be done to promote nonprofits. And, group leaders have the responsibility to follow rules instead of their personal agenda.
Regardless of their type, corporations are required to keep a detailed record of their business. It includes records of finances and board meetings.
They may publish them online for the public to be aware of what’s happening. These records, however, should accurately reflect the things considered. Doing so helps minimize disputes.
Directors and officers may be removed per cause. Each corporation has its own procedures. Generally, the votes of the members count in the process.
The California Corporations Code Section 5221 specifies the grounds for removal. A director or officer may be removed if found guilty of: 1) unsound mind, 2) felony, and 3) breach of fiduciary duty.
To hear about Corporate Culture and Bicyclist Part 3, 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!
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On today’s episode, Richard Duquette talks about Corporate Culture and Bicyclist Part 2. Listen as he shares some classic insights on nonprofit law and ethics!
The State of California has a bicycling community that has a wide array of nonprofit organizations. These organizations represent the bicyclists’ interests in a variety of ways.
The good thing about them is they help bring the bicyclists together. They share their passion, and provide foster education, information, advocacy, and support.
There are different nonprofit categories, as specified in 501(c)(3). Each has its own bylaws, which exist in context of and as a supplement to the principles in the statutory law.
By definition, a corporation is a creature--a legal entity. It includes nonprofits. The CA Corporations Code and the code 26 USC 501 are there for them for different purposes.
Each corporation has a specific purpose. Challenges, however, could arise from politics and other strifes. There are rules that could be helpful in dealing with them.
The first rule is to avoid conflict of interests and self dealing. The law requires corporations to have a board of directors and executive officers. They hold fiduciary duty, which entails them to act confidently in behalf of their respective corporations.
To hear about Corporate Culture and Bicyclist Part 2, 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!
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On today’s episode, Richard Duquette shares some classic insights about Plaintiff's Attorneys and Reforming Corporate Culture. Society typically sees plaintiff’s attorneys as people who are just after money. This idea, however, is not necessarily true. Tune in to learn about what these attorneys do and how they can bring about change in the corporate world!
Honest corporate profitability drives the American economy. But, once in awhile, corporations have business practices that are sharp for Americans.
One example is when Volkswagen programmed 600,000 vehicles in the city for environmental protection agencies. Another example is when Wells Fargo created millions of unauthorized bank accounts and credit cards secretly. Such cases call for plaintiff’s attorneys.
Plaintiff’s attorneys look after rude corporations. They help level the playing field for the common people. Some of the things they do is deter the sharp practices.
They have a unique work relationship with insurers. Sometimes they’re together, and sometimes they go against each other. The good thing about insurers is they want to prevent liability to invest in safety and research.
The attorneys promote safety and accountability by filing lawsuits and sometimes class actions. The insurers don’t usually earn big amounts in these situations. Overall, both insurers and plaintiff’s attorneys are set to deter misfortune and bad acts.
To hear about Plaintiff's Attorneys and Reforming Corporate Culture, 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!
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© 2016 Law Firm of Richard L. Duquette
On today’s episode, Richard Duquette discusses GPS to the Bicyclists’ Rescue. Spending some amount for a GPS is worth it. Bicyclists never know when they could get into accident. Tune in and learn how a GPS can help you in a case!
Reconstructing a bicycle crash is becoming more scientific. There are ways to counter insurance and company tactics that tend to reduce the value of a claim.
Among which, is the use of a GPS. A gps device can help establish the general point of impact by providing the location and time. It is similar to the black box in airplanes.
The point of impact is often relevant when providing proof. It could mean the difference between winning and losing. It could also mean the difference between defeat and accusation by an insurance company.
The information from a GPS can show the geographical location of the accident. It can also show the direction of travel and ride history.
Richard recently won a case where a gentleman was run over by a Mercedes. They downloaded his GPS information, and saw where he was in relation to the offending vehicle.
It showed how far the gentleman original was before the Mercedes hit him. That strengthened the case against the reckless driver. For that, they received a substantial amount of money.
Again, the GPS can show whether the bicyclist was following the law and can also establish the point of impact. A GPS can be combined with a cycling data. If the jurors find a bicyclist following the rules, it increases his chances for recovery.
To generate illustrations or animations for the crash, computerized survey equipments can be used. Tune in for more insights!
To hear about GPS to the Bicyclists’ Rescue, 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!
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© 2016 Law Firm of Richard L. Duquette
On today’s episode, Richard Duquette discusses Bicycling Drunk in California. Bicyclists sometimes violate the law for drunk driving. Tune in to know about its legal consequences, and understand how you can proceed with a case!
Richard sometimes sees bicyclists who come in groups. They travel from one bar to another, and leave drunk. However, it’s important to know that riding a bike while impaired has legal consequences.
It is classified as a misdemeanor. (For bicycling drunk in California, see California Vehicle Code Section 21200.5.) Not only does bicycling under influence give bicyclists the risk of losing their lives or fracturing their limbs, it also comes with legal consequences.
Unfortunately, experts and other proficient individuals can interpret the violation broadly. Some say that you are considered under influence when your blood alcohol content is 0.5, while some would argue for 0.8.
Either way, officers are expected to conduct a test to prove it. (See Missouri vs McNeely for example and insights.) For that, they need the bicyclist’s consent and a warrant.
When proven guilty, a bicyclist will pay $250 for a fine. He will not, however, go to prison. (See California Vehicle Code Section 40000.13.)
Since it is a misdemeanor, his license can also be suspended. (See Vehicle Code Section 13202.5.). Still, the risks are lower compared to that of a car.
Other CA Legal Code Discussed in Bicycling Drunk in California:
California Penal Code 1385
To hear about Bicycling Drunk in California, 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!
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© 2016 Law Firm of Richard L. Duquette
Bicycling and the Law
Richard L. Duquette
EP46 Lost Earning Capacity Part 2 Military Plaintiffs
On today’s episode, Richard Duquette and Justin Nelson discuss Lost Earning Capacity Part 2 Military Plaintiffs. A bicycle injury can affect a military personnel’s career. Listen and learn how military plaintiffs can proceed with their case!
Richard has represented lots of marines. In a recent case, a marine underwent surgery due to a bicycling accident.
He turned down the $50k offer from the insurance company. After they filed the claim, he was immediately awarded with more than $350k.
The loss of earning capacity gives value to a claim. Military personnel may still continue to receive paycheck. But when they procedurally file a claim, there is a section in pleadings that allows them to deal with such loss.
Medical expenses may not be great as well. In the recent case, they used an outside orthopedic to do the surgery.
For military personnel to obtain justice, the attorney can look at the case and the actual loss of earning capacity. In the recent case, the marine was likely to be promoted to lieutenant colonel.
He ended up covering that pay rate and retirement rate. A new job would have changed his benefits. Because of the accident, he missed the improved benefits.
To hear about Lost Earning Capacity Part 2 Military Plaintiffs, download and listen to the entire episode.
If you are short on time, here are the highlights of Lost Earning Capacity Part 2 Military Plaintiffs:
A valuable case? (2:53)
Being unfit for duty? (6:14)
Loss of future promotions? (7:22)
Proving the case? (12:11)
Military vs civilian plaintiff? (15:56)
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© 2016 Law Firm of Richard L. Duquette
Bicycling and the Law
Richard L. Duquette
EP45 Lost Earning Capacity Part 1 General Principles
On today’s episode, Richard Duquette and Justin Nelson discuss Lost Earning Capacity Part 1 General Principles. In a bicycle case, the injured is entitled to more than just medical bills. There are a variety of compensable damages. Tune in to learn about the principles behind the issue to understand how to proceed with a case!
The first episode aims to present the general principles behind the loss of earning capacity. Richard recently handled a case for a marine bicyclist. The injured was offered $50k to resolve. But, the surgery on his shoulder affected his capacity to earn.
The second episode will discuss the effects of the loss to military plaintiffs. In the recent case, the arbitrator awarded the injured with more than $350k after the claim was submitted. It’s good to understand that loss of earnings is different from loss of earning capacity.
Damages can be classified as either special or general. Special damages are quantifiable pecuniary losses that may involve economical damages and the actual loss of wages.
Meanwhile, general damages are less quantifiable. They are uneconomical, which include pain and suffering, diminished quality of life, and emotional distress. Examples are loss of love, support, and companionship.
Loss of earning capacity falls under general damages. It requires certainty to make a valid claim. You can refer to Connolly v. Pre-Mixed Concrete 49 Cal 2nd 47 1957, Heiner v. Kmart Corp. 84 cal 4th 335 2000, and California Civil Code 3283.
It doesn’t leave room for speculation. For this, the attorney needs to present a sure loss in the future.
To hear about Lost Earning Capacity Part 1 General Principles, download and listen to the entire episode.
If you are short on time, here are the highlights of Lost Earning Capacity Part 1 General Principles:
A brief overview? (1:24)
Two damage categories? (4:27)
Wages vs earning capacity? (5:45)
How to present loss? (7:59)
Need for certainty? (9:53)
Areas of uncertainty? (10:48)
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© 2016 Law Firm of Richard L. Duquette