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Bicycling and the Law - 911Law.com

Bicycle law and related topics to educate cyclists. California law will be the primary focus, but general legal principles will also be discussed.
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Now displaying: July, 2017
Jul 26, 2017

 

In today’s podcast, Richard L. Duquette interviews the Olympians Nelson Vails and John Howard in the show, “The Black Cyclone.”

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.

Nelson Vails and John Howard

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.

Interesting Facts about Major Taylor

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.

 

Don’t forget to leave us a 5-star rating and review if you enjoyed the show. We would love to hear from you!

Connect with Richard L. Duquette at the following links:

Richard's Website

Email Richard

Call Richard: 760-730-0500

Connect with Richard on Facebook

Follow Richard on Twitter

 

© 2016 Law Firm of Richard L. Duquette

 

Jul 19, 2017

 

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!

Cause #1: Driver Fatigue

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.

Cause #2: Blind Spots

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.

Cause #3: Following Too Close and Speeding

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!

 

Connect with Richard L. Duquette at the following links:

 

Richard's Website

Email Richard

Call Richard: 760-730-0500

Connect with Richard on Facebook

Follow Richard on Twitter

 

© 2016 Law Firm of Richard L. Duquette

Jul 12, 2017

 

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!  

Uninsured Motorist vs Underinsured Motorist

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.

Having Enough Insurance

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.

A Lawyer to Help You in Pitfalls

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!

 

Connect with Richard L. Duquette at the following links:

 

Richard's Website

Email Richard

Call Richard: 760-730-0500

Connect with Richard on Facebook

Follow Richard on Twitter

 

© 2016 Law Firm of Richard L. Duquette

Jul 5, 2017

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!

Issues in the Open Space

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.

Recording Police Officers

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.

The Importance of Collaboration

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!

 

Connect with Richard L. Duquette at the following links:

 

Richard's Website

Email Richard

Call Richard: 760-730-0500

Connect with Richard on Facebook

Follow Richard on Twitter

 

© 2016 Law Firm of Richard L. Duquette

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