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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© 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!
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© 2016 Law Firm of Richard L. Duquette
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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© 2016 Law Firm of Richard L. Duquette
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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© 2016 Law Firm of Richard L. Duquette
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
Bicycling and the Law
Richard L. Duquette
EP44 Bicycle and Wrongful Death Part 3 Damages
On today’s episode, Richard Duquette discusses Bicycle and Wrongful Death Part 3 Damages with Justin Nelson. How do you value damages? What can surviving families do to strengthen the case? Tune in to this insightful talk!
It is difficult to value damages in a death claim. It comes with the question: How do you put value on human life? Still, the ultimate goal is to receive justice.
There are a number of ways to determine value or to analyze the impact of a wrongful death. One is by creating a theoretical value via academic studies and statistics. Other ways are by looking at jury verdicts and at the actual case itself.
The first way available is by referring to the law. The law serves as a guide in determining the type of damage. Damages can either be economical or uneconomical.
An example of an economical damage is when the family loses a breadwinner. Attorneys can use life expectancy tables to show what the family could lose.
They can also point to household services that the deceased used to contribute. Identifying the gifts and benefits is another way to show the economic effect.
As mentioned in the second part of this series, it’s good for the surviving family to be together. It establishes a high value for the case.
They can present positive factors, such as love and affection, to add value. Cards, letters, pictures, social media, and stories can help present a big picture.
To hear about Bicycle and Wrongful Death Part 3 Damages, download and listen to the entire episode.
If you are short on time, here are the highlights of Bicycle and Wrongful Death Part 3 Damages:
Ways to analyze damages? (2:20)
Ways to look at actual case? (3:43)
Why grief can’t be compensated? (11:26)
More about economic damages? (14:19)
Young vs old deceased? (16:48)
Positive factors add value? (18:18)
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© 2016 Law Firm of Richard L. Duquette
Bicycling and the Law
Richard L. Duquette
EP43 Bicycle and Wrongful Death Part 2 Who May Claim Damages
On today’s episode, Richard Duquette discusses Bicycle and Wrongful Death Part 2 Who May Claim Damages with Justin Nelson. Wrongful deaths cause extreme pain and stress to the surviving relatives. To maximize recovery, it’s important to keep them intact. Tune in to learn who are eligible and to understand how such cases can be resolved!
In a wrongful death suit, the plaintiff are the surviving relatives. It focuses on the losses they suffered instead of the damages to the deceased.
There are different classes of eligible survivors. The primary ones are the surviving spouse, children, offspring, and parents. You may refer to California Code of Civil Procedure 337.60 for the complete list.
Wrongful deaths cause much grief and loss. As Richard puts it, the goal of the attorney is to help protect the surviving family from any further losses, grief, discomfort, emotional trauma.
This is why they should seek an experienced attorney, who can help them identify the eligible survivors. Having one attorney for everyone in the family is advantageous. He can help especially when a conflict of interest comes up.
It also minimizes the trauma and economically benefits the attorney. Everyone in the family should be intact for equal sharing, happiness, and better way to receive justice.
To resolve, attorneys first identify the family members. They can get a conflict waiver if a conflict of interest exists. There should then be another attorney who can give an advise.
Having one attorney maximizes the overall damages. It is tactical and strategic to do so.
To hear about Bicycle and Wrongful Death Part 2 Who May Claim Damages, download and listen to the entire episode.
If you are short on time, here are the highlights of Bicycle and Wrongful Death Part 2 Who May Claim Damages:
Classes of eligible survivors? (2:40)
What are the specifics? (5:28)
An experienced attorney? (6:30)
How to resolve? (8:14)
Why have one attorney? (11:03)
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© 2016 Law Firm of Richard L. Duquette
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)
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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)
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© 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)
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© 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)
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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)
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© 2016 Law Firm of Richard L. Duquette
In today’s podcast, Richard L. Duquette discusses the symptoms and tools in Proving Mild Traumatic Brain Injuries Part 1. Tune in to help you decide how to proceed with your case!
Mild Traumatic Brain Injury
In a crash, a bicyclist can get different types of injuries from small wounds to traumatic ones. A serious injury, such as a mild traumatic brain injury (MBTI), can increase the value of the settlement by $100,000 or more.
MBTIs can affect a person permanently. For this, a 3-part series will be available to tackle the (1) symptoms and tools, (2) lifestyle effects, and (3) evidentiary issues.
What are the symptoms of MBTI?
Know the symptoms of MBTI. The injured bicyclist can lose consciousness for less than 30 minutes in its mild stage, more than 30 minutes in its moderate stage, and 6 hours or more in its severe stage.
Although a person suffering MBTI can return to his usual activities, the symptoms would still exist to hamper him. As discussed in today’s episode, examples of such symptoms are: slower cognitive processes, confusion, diminished vocabulary, mood swings, and many more.
How does a bicyclist get an MBTI?
Head injuries are common in bicycling accidents. They are sometimes caused by multiple impacts after being thrown and when hitting the ground.
To help provide the best solution, hence, it is important for the victim to know how he got the injury. Concussions involving temporary loss of consciousness can occur even when wearing a helmet. A broken helmet, bruises, cuts, and other such damages can show how the injury happened.
Diagnostic Tools
Hospital treatments are primarily focused on treating visible injuries. For this, MBTIs often are not detected in an emergency.
Field diagnosis usually depends on what the first responders see. Signs of potential brain traumatic injuries often seem to show up at a later time.
To hear about the symptoms and tools in Proving Mild Traumatic Brain Injuries Part 1, download and listen to the entire episode.
If you are short on time, here are the highlights of Proving Mild Traumatic Brain Injuries Part 1:
What is MTBI? (2:30)
How do MBTIs occur? (4:09)
Diagnostic tools? (5:15)
Glasgow Coma Scale? (6:20)
Imaging tools? (7:56)
Final thoughts on MTBI? (13:35)
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© 2016 Law Firm of Richard L. Duquette
In today’s podcast, Richard L. Duquette discusses how Good Samaritans are Protected. Tune in to help you decide when and how to help an injured bicyclist!
In Good Hands
Some people may fear having to face a lawsuit when they come upon a downed rider. They fear the liabilities that can possibly come along with the accident. For this, a few could just stand around the victim while the others ride by without providing help.
Suppose a good samaritan comes along. Well, there’s nothing to fear. Laws have been established in California to protect the good-hearted person.
Not Required to Help
Historically, there have been no mandates that require us to help. If you decide to help a downed rider, you can use “due care” or risk liability.
Liability arises only when a person has a special relationship with the victim. None can be punished for not taking action.
Encouraged to Volunteer
Today, CA Health and Safety Code Section 1799.102 encourages us to volunteer help in an emergency. It states, “No person who in good faith, and not for compensation, renders emergency medical or nonmedical care at the scene of an emergency shall be liable for any civil damages resulting from any act or omission.”
You won’t be facing a lawsuit as long as you assist a downed rider responsibly. For this, you can provide any necessary actions to help.
Tips When Offering Help
Local paramedics provide the following tips when helping a downed bicyclist:
To hear about the protection and tips in helping a downed rider, download and listen to the entire episode of Good Samaritans are Protected.
If you are short on time, here are the highlights of Good Samaritans are Protected:
Historical background? (1:33)
When a bad person makes the mistake? (3:17)
Tips when offering help? (3:36)
Enrolling in an emergency medical training program? (5:25)
Life and death situation? (6:15)
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Call Richard: 760-730-0500
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© 2016 Law Firm of Richard L. Duquette
In today’s podcast, Richard L. Duquette shares the list of immunities that protect the government from a lawsuit. Tune in to Bicyclists Rights against Public Entities, Immunities Shield to help you decide how to proceed with your case!
A Careful Decision
The government enjoys various immunities to liability. Therefore, it is important to choose the right case before filing a claim.
Filing a lawsuit is risky compared to filing a claim, because of the consequences it entails. For this, make sure you have an experienced lawyer to defend your case.
List of Immunities
To hear about Bicyclists Rights against Public Entities, Immunities Shield, download and listen to the entire episode.
If you are short on time, here are the highlights of Bicyclists Rights against Public Entities, Immunities Shield:
Dealing with immunities? (1:55)
List of immunities? (3:53)
Immunity on unpaved roads? (7:18)
Three categories of trails? (8:40)
Significance of proper insurance? (11:54)
About Hawk Eye Road Hazards? (13:23)
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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 different types of claims and how to successfully bring them to court. Tune in to Bicyclists Rights against Public Entities, Potholes to Trails Part 2 to help you decide how to proceed with your case!
Building a Permissible Claim
There are different types of claims, particularly in cases where an injured bicyclist will be allowed to sue a public entity. Whatever the claim, the bicyclist must be able to prove the “dangerous condition” that would warrant the case to go to court.
Three things to prove are: that the property concerned is owned or controlled by the public entity; that the property was in a dangerous condition; and, that the injury was foreseeable or reasonably foreseeable.
The Element of Foreseeability
Foreseeability does not apply to the natural conditions of improved land. One should be able to prove that the “dangerous condition” was created by a government employee or that the public entity concerned had actual or constructive notice of the risk.
Proofs can be in the form of pictures, prior complaints, etc. Once foreseeability is proven, the claimant gets the case.
Presenting the Dangerous Condition
As defined, a dangerous condition must create a substantial risk of injury in a foreseeable manner. Hence, the risk present must be of “substance” and not just some trivial circumstance. One must consider the entire condition as well as its surrounding circumstances.
If the plaintiff goes to trial, there stands the need of hiring a cost-effective expert who can help fight back pre-trial motions or motions for summary judgment. The lawsuit expert should be reasonably priced as well.
Burdened to Prove
It is good to remember that the plaintiff has the burden of proof. For this, he must be able to gather all necessary proofs that would permit his case to go to court. Join Richard as he shares some of the relevant cases he’s handled.
To hear of Bicyclists Rights against Public Entities, Potholes to Trails Part 2, 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 Part 2:
What to prove? (2:16)
What is a dangerous condition? (3:40)
Securing necessary proof? (4:44)
Specific claim: potholes? (5:21)
Specific claim: government vehicles? (9:05)
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© 2016 Law Firm of Richard L. Duquette
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:
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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)
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Call Richard: 760-730-0500
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© 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
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© 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)
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© 2016 Law Firm of Richard L. Duquette
In today’s podcast, Richard L. Duquette discusses the Door Zone Debate. Bicyclists are generally required to ride as far to the right as possible or practical or in a posted bike lane.
Two Sides
The conservative view is to ride as close the right as possible. That is the law and you should follow the law as closely as possible.
Others say to take the lane completely to the conflict of the law.
Resolve the Door Zone Debate
When riding in a door zone, realistically cyclists must know that motorists inattentively fling open car doors and often seriously injure cyclists.
A statute defining the zone would have added more protection for the cyclist. Instead the prevailing statute in California reads “no person shall open the door of a vehicle on the side available to moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of such traffic...”
It’s a Balancing Act
Many motorists don’t look when opening their doors and hit cyclists by either bumping them or causing the cyclist to t-bone their door.
This can lead to the cyclist being flung into traffic causing serious injuries. As a cyclist you must use your common sense when riding in a door zone.
To hear more about Door Zone Debate, download and listen to the entire episode.
If you are short on time, here are the highlights of Door Zone Debate:
Is there an actual defined door zone? (1:17)
What to do when riding in a door zone? (2:45)
Cyclists must use common sense (4:26)
What might the insurance company say? (4:52)
What is Richard’s suggestion? (5:50)
Connect with Richard L. Duquette at the following links:
Call Richard: 760-730-0500
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© 2016 Law Firm of Richard L. Duquette