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!
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 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!
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 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!
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