In today’s podcast, Richard L. Duquette discusses the procedure in imposing liabilities against state and local entities. Tune in to Bicyclists Rights against Public Entities, Potholes to Trails Part 1 to learn how you can proceed with your claim!
Historical Overview
Sovereign immunities used to exempt public entities from liabilities. Rooted in the divine right of the kings, the idea came with the belief that kings could do no wrong when enacting a law with their official capacities. Any law they enact, hence, serve only for the general good and cannot be deemed wrong.
In modern times, however, this idea can be changed. One example is the California Tort Act of 1963, which states that there’s “no public entity or immunity except when allowed by statute.” The Act further encourages immunity as an exception instead of a rule.
Following the Procedure
It is very important to follow the necessary steps when filing a claim. It can be challenging when even when you have a meritorious case against a government entity.
You can’t go straight to court unlike when you’re suing a private company or entity. In this case, your claim is initially rendered as an administrative one. To turn it into a judicial claim, you must first file a red notice of claim with the government entity you intend to sue.
Providing Proper Notice
It is also highly important that you give proper notice of your claim. To streamline the process, you can access online forms provided by most public entities. Such forms must have relevant information as well as a factual basis of the claim. Pertinent attachments may also be provided by the claimant.
If you don’t know which public entity to sue, it is suggested that you file a case against each possible entity. Once done, you’ll receive a notice or verification that they don’t own it. With this, you’ll know which one you’re filing a claim against.
Vertical and Horizontal Claims
In some cases, you may also want to ensure that you have the right vertical entity as well as the right horizontal entity. Vertical entity refers to the state, county or city involved. Whereas, horizontal entity can be the pending on your injury and the like.
To hear of Bicyclists Rights against Public Entities, Potholes to Trails, download and listen to the entire episode.
If you are short on time, here are the highlights of Bicyclists Rights against Public Entities, Potholes to Trails:
Historical Overview? (2:07)
How to know which public entity to sue? (4:27)
Significance of vertical and horizontal claims? (5:17)
The issue of timing? (6:24)
Disadvantages to a claim? (8:41)
Connect with Richard L. Duquette at the following links:
Email Richard
Call Richard: 760-730-0500
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© 2016 Law Firm of Richard L. Duquette
In today’s podcast, Richard L. Duquette discusses the economics of justice in a small bike injury case. Richard provides a realistic perspective in Economics of a Small Bike Injury Case to help you decide how to proceed with your case.
Historical Overview
The legal claim field has titled to the side of the insurance adjuster. In the 80’s a typical case settled for 3 times the medical bills. This provided for pain and suffering in addition to paying for the medical bills. Everyone walked away generally happy.
In the 90’s insurance companies began pumping millions of dollars into tort reform via advertising and politics. This changed things drastically.
Today, the victim is being offered just medical bill repayment. The changes over time have shifted the burden of proof over to the victim in order to pursue a case.
This process can be so overwhelming and confusing for many so they just give up. The big corporations win and the victims lose.
Fight Back
Don’t give up. You can still fight with a small case if there is proof of clear liability or fault and limited damages. This might include some bicycle damage and a sprain, strain, whiplash, abrasions, contusions and even some non-displaced fractures.
Computers and Evaluation
Each person and their injuries are like a snowflake, they are unique. Because of the insurance company's stance of deny, delay and defend, the discretion available to the front-line adjusters is very limited. Your case is probably going to be determined by a computer instead.
Appointed Judges and Politicians
With the onset of appointed judges and politicians came a movement of anti-consumer views. This change can be seen with respect to your personal health insurance (collateral source) versus your medical bills. Today, medical damages are calculated by the amount paid and not the amount billed.
To hear more of the issues of Economics of a Small Bike Injury Case, download and listen to the entire episode.
If you are short on time, here are the highlights of Economics of a Small Bike Injury Case:
What are the Terrible 200’s? (2:33)
What is a small case? (4:05)
What is Colossus? 5:20)
The Medicare maze? (11:20)
Limited court access? (12:10)
What about Small Claims court? (14:33)
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 Grassroots Bicyclist Advocacy. Tune in to learn about the basic principles in promoting safety for bicyclists!
On the Same Trail
Safety is always important in bicycling. With it stands the need for pertinent changes in both legislative and local sectors.
Everyone doesn’t have to be in the same political party. However, we can always agree on key issues to help make our roads and recreational trails safer for bicyclists.
Grassroots Organizing 101
To be effective in rallying out the cause, it’ll be beneficial to consider the basic principles in grassroots organizing. Take for example the participation of democrats in the San Diego GO team—they have known to increase by 10%. Through effective promotional tools, advocates apparently can do a lot to increase voter turnout.
This is most effective by way of personal contacts. Advocates can establish relationships among their geographic locations. They can appoint community coordinators and precinct leaders to help achieve specific goals.
Steps in Organizing
There are basically two steps in grassroots organizing. The first is to divide a territory. For this, ideal coordinators are people persons, such as teachers, social workers, healthcare professionals, and the like.
Community coordinators are those who can walk through the neighborhood and can be active in carrying out plans. People who aren’t very good in interacting with others can serve as analyzers or evaluators of specific issues or tasks.
The second step is to train the leaders constantly. This requires a consistent follow up to achieve the goals. With the help of effective leaders, advocates can collect relevant information and track voter turnout for future references.
To hear of Grassroots Bicyclist Advocacy, download and listen to the entire episode.
If you are short on time, here are the highlights of Grassroots Bicyclist Advocacy:
Advocating for safety? (0:58)
Grassroots organizing? (3:16)
Training effective community leaders? (7:07)
Working with political leaders? (11:12)
Call to action? (11:42)
Connect with Richard L. Duquette at the following links:
Email Richard
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 Ten Tips to Avoid Being Doored. Richard’s prior episode discussed the Door Zone Debate and where to ride to be safe and in compliance with the law.
How Often Does It Happen
Cyclists are doored more often that you would think. Although cyclist try hard to avoid this dangerous occurrence, it is second only to a vehicular right hook turn as a cause of bicycle injuries.
Richard has successfully investigating and resolving several doored injury cases, he’s offering his tips to avoid an injury.
Tip #1
Choose a safe wide route. Avoid one that is lined with cars. Prevention is the best cure, always. Your route is critical so pick a safe one with a bike lane or bike route lane so there is separation between you and the parked cars.
Ride as far to the right as possible but when in a bike lane, move as far to the left as possible to give you more space especially if the lane is buffered. If you are riding in a group, ride single file as opposed to side by side.
Tip #2
Slow down and pay attention. If you are riding on a car-lined route, slowing down and paying attention instead of conversing with someone next to you will improve your reaction and braking time in a heavily congested area. Ride single file.
To hear the rest of Richard’s Ten Tips to Avoid Being Doored, download and listen to the entire episode.
If you are short on time, here are the highlights of Ten Tips to Avoid Being Doored:
What is being doored? (1:52)
Where should you keep your hands? (4:04)
How many feet should you ride from car doors? (4:27)
Looking at brake lights (5:39)
What to do if you get hit? (5:55)
What is imminent peril? (7:09)
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