On today’s episode, Richard Duquette discusses bicycles and wrongful death. In this first part of a series, learn how to prove fault and how to distinguish between a wrongful death and a survival action.
Bicyclists sometimes lose their lives from auto collisions. Richard has handled such cases on wrongful death. They are serious, highly emotional, and require the skill of a lawyer.
This is what 911 Law will be discussing today and in the succeeding episodes. Learn about the legal remedies and other related concerns.
Proving fault usually involves compiling evidence, investigating witnesses, obtaining statements, and evaluating evidence. It’s where you can use the help of reconstructionists, experts, and of principles of reasonableness.
Police officers take time to prepare the case and work on it as it requires proof. Such cases have the highest standards in American jurisprudence.
Taking the time to work on wrongful death cases benefits victims and their families. It helps them in their search for civil recovery.
A thorough work leaves no room for insurance companies to avoid the damages. For this, Richard advises victims to be patient and to cooperate with the police to obtain justice.
To hear about Bicycles and Wrongful Death Part 1 Proving Fault, download and listen to the entire episode.
If you are short on time, here are the highlights of Bicycles and Wrongful Death Part 1 Proving Fault:
A three-part series? (1:03)
How to prove fault? (2:14)
No room for argument? (3:43)
A case on wrongful death? (4:42)
Survival actions? (5:20)
If without representative? (6:57)
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
On today’s episode, Richard Duquette interviews Jack Smith and Justin Nelson about what is a lawful order. Sometimes police officers and bicyclists argue over what is right when it comes to road issues. How are they supposed to deal with such situations? Tune in to this episode!
Jack is the President of Jack Smith Consulting and Investigative Services. He once worked at the LAPD, and helped form the Venice Bicycle Patrol. At present, he works with prosecutors and defense attorneys in the subjects of Police Practices and Procedures and the use of force.
He is joined in this interview with Justin Nelson, who is a licensed attorney in California. Justin is an expert on the penal codes concerned with bicycling.
Police officers and bicyclists need to create an effective partnership. As Jack puts it, the road is meant to cater to all kinds of vehicles. It needs to be shared.
The law exists to protect everyone’s welfare and to organize road traffic. To uphold the law, the police do their duty to keep everyone safe on roadways. They are simply doing their jobs when they ask a bicyclist to do something, such as moving aside especially during heavy traffic.
It is unfortunate that people have negative encounters with law enforcers. Justin reminds bicyclists of the significance of courtrooms. To keep their right for argument, bicyclists are advised to avoid giving any statement during such encounters.
Physical cooperation is also important. A bad attitude or overall response could get a bicyclist arrested or worse. It’s critical to remain calm.
To hear about What is a Lawful Order, download and listen to the entire episode.
If you are short on time, here are the highlights of What is a Lawful Order:
Who is Jack Smith? (1:17)
Who is Justin Nelson? (3:11)
Everyone’s roadway? (7:50)
Best way to deal with an issue? (11:53)
Giving information to police officers? (17:00)
When to make the decision to talk? (19:40)
Bicycling and the law? (25:25)
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 Bike Safety and Handling with Rick Schultz. Rick is an avid cyclist, who specializes in power-based training. Tune in and learn how you can ride safer and race better!
Rick trains, races, and coaches in southern California. He is an engineer by profession and offers power-based coaching at BikeFitnessCoaching.com.
He is a cycling Level 2 coach, bike fitter, and prolific product reviewer. Rick is also a USAC certified trainer and teaches beginner programs.
His books include Bike Fit 101 and Stretching & Core Strengthening for the Cyclist. You can find his reviews at BikeTestReviews.com. Rick is also associated with Spy Giant.
Bike fitting starts with bike sizing at local stores. Rick noticed how some people have bikes that are either too big or too small for them to handle. Having the wrong size causes them to become unstable and unsafe.
A bike should be perfect for the touchpoints. Among the things to consider are the length of the stem and the distance of the reach.
Professional bikers fit numerous times in a year. They are 60% to 70% more efficient at pedaling in contrast to an average person.
The same applies to all pros of road, touring, and mountain bikes. They know how to spot the issues. The fitting requirement are about the same. The most important things to secure are pedals and cleats for stability.
To hear about Bike Safety and Handling with Rick Schultz, download and listen to the entire episode. Feel free to send Rick a message at bikefitnesscoaching@gmail.com or call him at 949-606-2767.
If you are short on time, here are the highlights of Bike Safety and Handling with Rick Schultz:
Who is Rick Schultz? (1:18)
What is bike fitting? (5:58)
What are the touchpoints? (6:43)
Why pros bike fast but safely? (8:18)
Break levers and pads for safety? (11:46)
Equipment maintenance? (20:03)
Tips on turns, curves, and riding in a peloton? (23:34)
Electronic equipment for safety and handling? (27:04)
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 the evidentiary issues and codes in Proving Mild Traumatic Brain Injuries Part 3. Tune in to help you decide how to proceed with your case!
Providing Evidence to Trial
Proper evaluation can help support a case. As discussed in the previous episode, this can be done through diagnostic tools and neuropsychological tests.
Brain injury cases can be costly as it can require experts and specialists to provide a reliable testimony. In this, the plaintiff has the right to secure his own specialists.
Acquiring necessary evidence gets the ball in play. Defense will then just have to react or settle the case.
Factors in Getting an Opinion
CA Evidence Code 800, 801, etc. provide a legal standard for admitting evidence. In accordance, an opinion has to be sufficiently beyond common experience.
“You don't need a weatherman to know which way the wind blows.” -Bob Dylan
Another factor is that opinion or information provided has to be based upon the witness’ perceived expertise or personal experience, or upon the matter “made known to him at or before the hearing.”
Basic Principles
Federal Rule of Evidence 702 provides standards to admit expert testimony. Basic principles are:
(Consider: Federal Law Case Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993))
To hear about the the evidentiary issues and codes in Proving Mild Traumatic Brain Injuries Part 3, download and listen to the entire episode.
If you are short on time, here are the highlights of Proving Mild Traumatic Brain Injuries Part 3:
Providing evidence to trial? (1:27)
Factors in getting an opinion? (2:58)
Basic principles in admitting expert testimony? (4:27)
Factors in admitting novel or scientific methods? (6:17)
Legal thongs / essential elements of defense? (7:10)
Concluding thoughts (8:33)
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 importance and ways of checking lifestyle changes in Proving Mild Traumatic Brain Injuries Part 2. Tune in to help you decide how to proceed with your case!
Probing Lifestyle Changes
In any case, it is essential for the plaintiff to prove the lifestyle changes caused by the injury. As some say, a brain injury is considered permanent or long term if it still exists after 6 months.
Insurances companies often use diagnostic imaging to deny the basis of the claim. They would go on to say that the symptom has permanently healed or that there’s nothing wrong.
Where Diagnostic Imaging Fails
Diagnostic imaging does not always prove the absence of the injury. Victims can still suffer from lingering symptoms and effects. This can be evident in their sensory, cognitive, and motor functions as well as in their emotions and behaviors.
Bizarre actions by clients may need further assessment. Such actions could be caused by a head injury acquired from the accident. Depression can be one of the effects.
Finding Help
One way to check lifestyle changes is through neuropsychological assessment. A neuropsychologist can draw insights from the structure and functions of the brain. With this, he can help explain the effects on a person’s psychological facilities.
The assessment aims to diagnose a person’s intelligence, memory, language skills, executive function, visuospatial skills, or a combination of all.
Significance of a Composite Profile
It can be challenging to prove lifestyle changes when there exists no prior psychological records. Providing a record of the prior condition to measure against the after condition will greatly support the case.
For this, plaintiff should be able to gather as much information as possible to provide a composite psychological profile.
To hear about the importance and ways of checking lifestyle changes in Proving Mild Traumatic Brain Injuries Part 2, download and listen to the entire episode.
If you are short on time, here are the highlights of Proving Mild Traumatic Brain Injuries Part 2:
Probing lifestyle effects? (1:48)
How to check changes? (3:01)
Problem with neuropsychological testing? (5:09)
Significance of live witnesses? (7:45)
Task of the neuropsychologist and plaintiff attorney? (9:13)
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