In today’s podcast, Richard L. Duquette discusses strategies to increase your success with 13 Ways to Win Your Bike Case.
Communicate with Your Lawyer
Keep in contact with your lawyer regarding doctor’s appointments via email or phone. Schedule in-person appointments even if they are brief. This will keep you both up to date with your case. It holds your lawyer accountable because they will have to review your file.
Avoid Posting Online
This is really really important. Avoid posting any pictures or content regarding your case on any social media or internet sites.
Regardless of the situation, they can be taken out of context and used against you.
Be careful of what you do. If you are entering races, there are databases online where your results will be posted. Be mindful and maintain your privacy.
Frustrations and Stress of Case
Oftentimes, there is stress and frustrations associated with this type of case. Talk to your lawyer. Iron out issues and don’t stew on them. This will also develop a solid relationship with your lawyer.
Cost of Fees
Most injury cases are contingency based. The cost of litigation should be advanced by the client if at all possible so long as it does not burden the client if they are out of work. This establishes accountability and commitment even if it is a small amount.
To hear the rest of 13 Ways to Win Your Bike Case, download and listen to the entire episode.
If you are short on time, here are the highlights of 13 Ways to Win Your Bike Case:
Lawyer accountability (1:15)
Adjusters are stalking you (1:40)
Level the playing field (4:15)
Doctors know best (5:35)
Defense medical exam (8:35)
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
In today’s podcast, Richard L. Duquette discusses A Victim's Guide to Sentencing with Michael Norton, an attorney from North San Diego County.
Criminal Conduct
Many bicycle and pedestrians fall victim to criminal conduct in the process of being injured. The issue then becomes how do you compensate them.
Victims can seek punishment and retribution. Some of the accused end up in prison for their criminal conduct. However that’s separate from collecting money.
Who Becomes the Target?
Many times, in a criminal case, the defense attorney will work with the personal injury attorney and exchange information. Their common goal is to target the insurance company.
When the attorneys work together, it can facilitate a prompt settlement with the insurance company.
A Defense Attorney’s Perspective
It’s very important for the defense attorney and the personal injury attorney to work together.
The defendant's attorney recognizes the victim has input into the case. The D.A. will ask the victim about what the final outcome is, if they are ok with that outcome and what they would prefer.
The defense attorney wants his victim to be as happy as they can be under the circumstances. If the victim is taken care of, such as a prompt settlement with the insurance company, they are more likely to being receptive to alternate forms of custody.
To hear more about A Victim's Guide to Sentencing, and Michael Norton’s take on the interplay between the personal injury attorney and the defense attorney, download and listen to the entire episode.
If you are short on time, here are the highlights of A Victim's Guide to Sentencing:
How can a victim’s guide assist your case? (1:25)
Criminal police reports vs. simple traffic collision reports? (3:35)
Restitution and different programs. (7:57)
What is a declaration important? (12:24)
Benefit to defendant and taxpayers? (19:08)
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
In today’s podcast, Richard L. Duquette discusses Bicycle Light Law at Dark. As the fall leaves change colors and the days get shorter the sun sets earlier. This affects many cyclists who commute during the dark hours.
Determining Sunset and Sunrise
In California, darkness is defined as :30 after sunset and :30 before sunrise. To precisely define that, look on the Navy Meteorological and Oceanography Command website.
Here you find various standards of time. If you look at June 14, 2014, it was the shortest night of the year. There were 14:54 of daylight and sunset was at 8:37pm.
If you were riding without a light at 7:45pm and involved in an accident, you would be considered law abiding. You could not be in violation until after 9:00pm.
Adjusters Chipping Away at Your Claim
Insurance companies do whatever they can to minimize your claim. They use comparative fault principles. The definition of comparative fault as there must be a substantial factor that causes an injury. If it’s dusk and not dark, that is a trivial factor in any legal consequence.
To hear more about Bicycle Light Law at Dark, download and listen to the entire episode.
If you are short on time, here are the highlights of Bicycle Light Law at Dark:
Legal definition of darkness? (1:10)
Comparative Fault Defense Argument? (2:35)
The insurance company adjusters are trying to spook you (4:30)
Where to look for electric bike information (5:14)
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
In today’s podcast, Richard L. Duquette discusses recovering an athlete's Loss of Enjoyment of Life.
In a prior episode “Calculating Pain and Suffering” Richard discussed how to Loss of enjoyment of life prove pain and suffering. One of the points in proving pain and suffering was the loss of enjoyment of life.
Money as Justice
Since money is often the only justice a victim receives from a careless driver, it’s important that we get as much money as possible. When the courthouse doors close, you want a solid verdict for compensation to make you whole and help you heal from an injury.
Hard Damages
Hard damages are economic damages. There is no legal standard to determine the amount of loss but in California the law says the amount must be reasonable.
What does reasonable mean and how can we help the jury see it your way? Remember, not all jurors are athletes or bicyclists.
Helping the Jury
Since most jurors are not athletes or bicyclists, you need to connect with them. You want to help them see your case as if they were an athlete or bicyclist.
Questions to Ask
How has the injury affected you at home, work or play? There is a delicate balance between lifestyle, work and what you do for fun. Ask relatives or friends how they see the injury has affected you. This can include your fitness level. After the injury you are not as fit because you’re unhappy and not motivated.
To hear more questions to ask and connecting with a jury regarding your Loss of Enjoyment of Life, download and listen to the entire episode.
If you are short on time, here are the highlights of Loss of Enjoyment of Life:
Lingering injuries (2:20)
Economic damages (3:02)
Connect with jury (3:35)
Your sense of adventure (5:41)
Make a list (7:35)
Struggles and triumphs (8:00)
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
In today’s podcast, Richard L. Duquette discusses the medical exam set by the defense using a doctor of their choosing known as a Defense Medical Exam or DME
The Insurance Company Secret
To minimize their losses or the amount they have to pay, insurance companies will set a DME. This exam is not designed to help you receive the medical treatment you seek to get better.
Your Responsibility
First, be truthful and honest. This will help your doctor and lawyer with your case. Make sure your expert is able to show you are an accurate historian after the DME and a report from this has been created.
You want to show that your treatment was adequate with regard to the number of appointments. Also, you want to prove that the amount of the treatment was reasonably priced and the treatment was necessary for you to get better.
What The Defense Wants to Establish
The defense is looking for inconsistencies in your history that could impugn your credibility. They are also looking for ways to minimize damages or break the link between the bad driver and your damages.
To hear more about what to do during and after a Defense Medical Exam, download and listen to the entire episode.
If you are short on time, here are the highlights of Defense Medical Exam:
What is a DME? (2:15)
What your attorney does not want to defend (5:45)
What about old injuries? (6:20)
Waddell’s Test (8:25)
How to answer DME questions (13:20)
After the exam? (15:50)
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
In today’s podcast, Richard L. Duquette discusses his Conversation with Richard Duquette by Craig Zelent. Craig took some time to interview Richard and find out who he really is.
The Most Influential Person in Richard’s Life?
Thomas Woodhall, Richard’s grandfather was the most influential person in Richard’s life. He was a city bus driver in Detroit for over 20 years until his death from throat cancer.
His death caused Richard to think about the value of life and health. He began to train for and then competed in Ironman New Zealand and Hawaii. He dedicated his race in Hawaii to his grandfather and his life.
Richard’s grandfather treated everyone equally with respect. He did this even while driving a tough bus route in the City of Detroit during the ‘68 Detroit Riots. He was liked by his riders and received an award by the Mayor of Detroit for his great public service to that city.
Who is Richard’s Hero?
That’s an easy one to answer. Richard’s hero is his wife Kim of over 23 years. She’s a big supporter of what he does, helping people. She’s smart and cute too!
To hear more insights into who Richard is, download and listen to the entire episode, Conversation with Richard Duquette.
If you are short on time, here are the highlights of Conversation with Richard Duquette:
Who is Craig Zelent? (1:10)
Where does Richard volunteer? (4:30)
Richard’s proudest athletic accomplishments? (8:55)
What grassroots events does Richard like? (13:24)
Legal advice for bicyclist or triathlete? (14:44)
Contact Craig Zelent:
760-24-0055
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
How History Affects a Case
The history of marijuana legalization in important when dealing with jurors. Oftentimes they come from different cultural and ethnic backgrounds. Their perspective and perception will affect how your rights are viewed should you go in front of a jury.
Medicinal Use
Marijuana has been used medicinally for over 5000 years. To put that into perspective, acupuncture which is a well accepted healing art has only been around for 3000 years.
Before 1933, cannabis was considered a household remedy. To date, there are cultures that use cannabis in rubbing alcohol to use as an arthritis medicine.
A shaman or medicine man was quoted as saying that “Only white people are stupid enough to outlaw a plant.”
The Move to Illegalize
Public opinion turned against cannabis when William Randolph Hearst used
propaganda to promote hemp and marijuana prohibition in the early 1900’s.
Hearst was heavily invested in paper and his close friend DuPont was into plastics. These were direct competitors of the versatile hemp plant.
Heart’s movement took a household remedy and made it illegal in the United States for financial gain.
Prop 64
On November 8, 2016, Californians and Americans living in several other States will
be allowed to vote for the legalization of marijuana for “recreational use.” California and Washington have already taken this step.
To hear more about what Brief History of Marijuana Legalization, download and listen to the entire episode.
If you are short on time, here are the highlights of Brief History of Marijuana Legalization:
What does this mean for bicyclists? (2:10)
Who funded the move to illegalize? (5:40)
What is the medicinal marijuana safety act? (7:35)
Recognize the future (11:15)
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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 Bicycling and Drugged Drivers. Joining Richard is marijuana expert attorney Mark Bluemel from San Diego.
Richard’s Experience
Richard Duquette had handled many bicycling injury cases involving motorists driving drugged. This includes methamphetamine, opiates, benzodiazepine, alcohol, marijuana, prescription medications or the combinations thereof.
He has seen a lot of these cases and he feels it is important to focus on marijuana specifically.
Marijuana Legalization
In California, medicinal marijuana was legalized in 1996 through Prop 215. Since then there has a been a national movement towards full legalization. Colorado and Washington became the first two states to legalize marijuana for adult recreational use in 2012. California will vote to do the same in November 2016.
There is a trend for acceptability and legalization of marijuana. With the greater accessibility of marijuana, several issues are raised for bicyclists safety.
Increased Liability
When a motorist is impaired and is involved in an accident, there is greater liability for the driver. Because of the inflammatory nature of the case, there is greater value or recovery if you are hit, struck or fall victim to an impaired driver. These type of cases will include punitive damages on top of economic and noneconomic damages.
What is THC?
Unlike alcohol which is very simple, the prosecution of individuals under the influence of THC is very difficult to prosecute. There are three different THC molecules that are tested by prosecution labs.
The first is Delta-9 Tetrahydrocannabinol. It’s the main isomer and principal psychoactive constituent of marijuana.
To hear more about THC in marijuana and it’s effects, download and listen to the entire episode Bicycling and Drugged Drivers.
If you are short on time, here are the highlights of Bicycling and Drugged Drivers:
Medicinal marijuana (2:27)
What is impairment? (3:35)
Tale of 3 THC molecules (5:24)
How does the Delta-9 molecule affect motorists? (8:40)
What are the signs of an impaired driver? (14:25)
Who has the burden of proof? (16:05)
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
On the 8th Day...
On the 8th day God said “I need a trial lawyer.” Someone to get up everyday before dawn review medical records and depositions, meet with experts, work all day in front of a jury under stress and under the thumb of a judge. Along with all of that he still must find the time to rest, eat and take care of himself.
He must have a sharp mind to fight insurance companies and overpower government interests, yet calm enough to ease his clients’ minds in the heat of trial.
Waiting for a Verdict
A good trial lawyer must be able to wait for a jury verdict in the courthouse halls where nothing grows, all day on pins and needles in the most difficult cases.
Then the trial lawyer watches as the jury files in and renders its verdict, while he dries his eyes and prays that justice will be done.
Doing It All Over Again
After a 3-day jury trial, a trial lawyer must start over and log another 72 hours that week preparing for the next client.
To hear more about what trial lawyers are made of, download and listen to the entire episode of God Made a Trial Lawyer.
If you are short on time, here are the highlights of the God Made a Trial Lawyer:
On the 8th Day God said what? (0:54)
Shaping a winning cross examination (2:27)
Fighting for justice (3:25 mark)
Bonding families together in tough times (4:24)
Call Richard: 760-730-0500
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This show was adapted from “God made a farmer” originally written by Paul Harvey.
© 2016 Law Firm of Richard L. Duquette
In today’s podcast, Richard L. Duquette discusses Brain Injury Basics if you have sustained a head injury for a bicycling accident.
Start with a Helmet
Most accidents involving bicyclists involve a head injury. It’s important to first have been wearing a helmet properly and to take pictures of and save that helmet after you have been in an accident.
Also, take pictures of all of your injuries. Remember the burden of proof is on the cyclist.
Types of Brain Injuries
The brain is damaged within the skull from a violent hit or movement. Sometimes it’s from an impact with the car and then another impact hitting the ground.
Think of it like an ice cube that is shaken around in a glass drink. That’s essentially what happens when your head strikes or is struck.
Frontal Lobe Injuries
The injuries sustained after a head impact can cause cognitive malfunctions. The frontal lobe deals with your ability to multi-task. This involves thought, memory, intelligence, concentration, personality and aggression.
Parietal Lobe
An injury to this lobe results in deficits in language and word functions or things like performing sports, operating a computer.
To hear more about what Brain Injury Basics, download and listen to the entire episode.
If you are short on time, here are the highlights of Brain Injury Basics:
What is a brain injury (2:20)
Personality changes? (3:15)
The most common brain injury? (5:55)
Symptoms of brain injury (8:40)
What are the diagnostics? 12:18)
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
In today’s podcast, Richard L. Duquette discusses Calculating Pain and Suffering from injuries sustained in a bicycling injury case.
Economic Damages
When you are involved in a bicycling accident due to someone else's negligence, your damages go beyond the hospital stay and missed days at work.
Economic damages are hard loses. Medical bills, lost wages and future bills and loss of income.
Non-Economic Damages
These include pain, suffering, fear, anxiety, stress, discomfort and change of lifestyle.
Setting Value
There is no set formula. If you or your lawyer think your case is worth “x” present this to a focus group or ordinary persons and let them give you a range of value.
You can also search for similar cases on line and see what they brought back in terms of a jury verdict.
How a Jury Calculates
The most important aspect in Richard’s opinion is credibility. If the jury finds you credible, you are not exaggerating and telling the truth, they will give you a fair verdict. If not, even if you were rear-ended in some cases, they will find against you. It’s very important to tell the truth and not have any inconsistencies.
To hear more about what Calculating Pain and Suffering, download and listen to the entire episode.
If you are short on time, here are the highlights of Calculating Pain and Suffering:
The ripple effects (1:39)
Testing damages establishes value of case (2:20)
How insurance companies attack your credibility(4:35)
When your passion is sensed by the jury (8:00)
Lifestyle changes (9:05)
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
In today’s podcast, Richard L. Duquette discusses the area motorists are to allow a cyclist when passing in The 3 Foot for Safety Act Proving a Violation.
What the Law Says
In CA a motorist cannot tailgate or pass in a reckless manner. They must slow down to a reasonable speed and pass with at least 3 feet clearance between them and the cyclist.
Enforcing the Law
A motorist that buzzes a cyclist can be cited. Accidents often happen because motorists misjudge their vehicle mirrors and/or a cyclist’s speed. Motorists are required to pass without impeding the cyclist they are overtaking. The new law uses objectivity of a yardstick to enforce the distance.
Proving a Violation
Many cyclists are buzzed by large vehicles and buses. You will need to have the license plate and a witness. Many public transportation buses contain video cameras and Zonar GPS. You can use that footage as proof as well.
Overtaking Violation
When a motorist passes but misjudges his right rear when overtaking and pass too closely or impedes the cyclist.
To hear more about The 3 Foot for Safety Act Proving a Violation, download and listen to the entire episode.
If you are short on time, here are the highlights of The 3 Foot for Safety Act Proving a Violation:
What is a 3 foot violation? (2:20)
Video on buses (3:03)
Violation upon overtaking the cyclist (5:30)
Turning violations (6:15)
Negligence (7:20)
How this new law will help you (9:05)
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
In today’s podcast, Richard L. Duquette discusses how you can resolve your bicycle accident case when drinking was involved by Suing a Drunk Driver.
Drugs and Alcohol
The use of drugs and alcohol are prevalent in California while driving. They are very common situations and often times involve bicyclists.
Punitive Damages
Punitive damages give the cyclists a strong sword in settling and leveraging the case. Many times the defense tries to strike that from the case.
Burden of Proof
Remember the plaintiff has the burden of proof. They must plead and prove through clear and convincing evidence that the defendant is guilty.
You also have to show there is a willful and conscious disregard to safety to prove malice in fact. You also want to show despicable conduct on the part of the defendant.
You have to find facts. Like knowing that the defendant knowingly took drugs or alcohol and they appreciated the effects that the alcohol and/or drugs had on their behavior.
You can also look to see if the defendant has any prior record with regard to taking drugs or alcohol and further establish despicable conduct.
To hear more about establishing a strong punitive damage case by Suing a Drunk Driver, download and listen to the entire episode.
If you are short on time, here are the highlights of Suing a Drunk Driver:
Punitive damages (3:00)
What is malice in fact? (4:35)
What is despicable conduct? (5:49)
When the defendant pays more than the policy limits (9:10)
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
In today’s podcast, Richard L. Duquette discusses strategies to help maximize your damages and increase the success of your case with Richards 6 Tips to Protect Your Accident Rights.
If you are injured in an accident these tips discussed will protect your rights and help you understand the claims process.
Importance of Photographs
Obtain photographs from your surgeon which can later be used to explain your injuries. For instance, these could be photos of a screw placed during surgery, images of a torn meniscus or x-rays showing any hardware in the body.
You want to be able to explain and show to an adjuster or jury the nature, permanency or severity of your injuries.
Log Your Motivation
Photograph yourself at therapy. Have someone snap some photos of you performing the prescribed exercises at your therapy sessions.You want ot show that you are really motivated to get better.
This is important in determining future medical care. It also shows you are trying to get better and not milking the system.
Demand Loss of Use
Los of the use of your bicycle is similar to loss of use when your car has been damaged and you have lost the use of it. You are entitled to loss of use compensation.
To hear more Tips to Protect your Accident Rights, download and listen to the entire episode.
If you are short on time, here are the highlights of Tips to Protect Your Accident Rights:
A picture is worth a thousand words (1:45)
What is your work day like? (2:00)
Use a focus group (3:12)
Negotiate in turn (4:55)
Statute of limitations (6:17)
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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 how to get compensation adequate for Carbon Fiber Bike Repair and Recovery.
Carbon Fiber
Carbon Fiber (CF) is very popular for bike frames. They are basically works of art. They are durable, strong and they look good.
CF has a tensile strength of 33 million pounds per square inch! This is a main reason they are so popular.
Some CF is reinforced with epoxy. These are layered with resin and cloth much like a surfboard.
Defective Parts
There is not as much oversight in overseas manufacturing of carbon fiber bikes. Therefore, your CF bike or CF bike parts might have been delivered defective. There are engineering tests that can be conducted to determine if the CF items were defective or were caused by the accident.
Problems With Carbon Fiber
If you suspect there is a problem with your CF bike or parts, take it into your bike shop. It might still be covered under warranty. Be aware of normal wear and tear and misuse clauses.
To hear more about how to maximize your Carbon Fiber Bike Repair and Recovery, download and listen to the entire episode.
If you are short on time, here are the highlights of Carbon Fiber Bike Repair and Recovery:
What is carbon fiber? (1:45)
Did the crash cause the crack or was it pre-existing? (2:40)
Look closely at advertisements! (5:20)
Check your insurance for coverage (6:45)
Who to call for a second opinion on CF? (7:50)
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
In today’s podcast, Richard L. Duquette discusses how to replace your property that was damaged in a bicycling accident with his 4 Tips to Recover Fair Property Damage Settlement.
The Adjusters are Skeptical
Insurance adjusters are skeptical. The value of bikes, especially carbon fiber ones are high. But the the adjusters do not want to overpay because their files are audited and they must justify the settlements they agree to.
Tip One
The general rule is you are entitled to the reasonable compensation for the damage to your bike and to your clothes, watch, computer, etc. Have an experienced bike mechanic estimate the total cost to replace your bike.
Tip Two
What to do if your bike is not totaled. The law allows you to repair your bike so it is repaired to the fair market value it was immediately before the crash. This includes the cost of parts and labor to perform the repairs.
Tip Three
You can recover the depreciation in value of a damaged bike.
To hear the rest of Richard L. Duquette’s 4 Tips to Recover Fair Property Damage Settlement, download and listen to the entire episode.
If you are short on time, here are the highlights of Tips to Recover Fair Property Damage Settlement:
Why insurance adjusters are skeptical (1:20)
Who has the burden of proof? (2:02)
What about classic bikes? (3:45)
Loss of use (4:45)
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
In today’s podcast, Richard L. Duquette discusses how you can resolve your bicycle accident case by Reconstructing a Bicycle Crash.
Analyze the Evidence
The physical evidence tells a story. Evidence like the point of impact and the defendant’s speed. Speed can be calculated with the length and direction of skid marks. You’ll also need to factor in the surface of the road and the slope.
Look around for broken parts in order to establish the point of impact like broken light lenses, exterior trim, etc.
Photograph the damage to the vehicle. The point of impact is also key evidence. It can point to the amount of inattention the motorist had.
Witnesses
Witnesses provide a voice for the physical evidence. This is especially important if there is limited physical evidence. Get as much information as you can from each witness. Remember they might move.
Document Attentiveness of Cyclist
Verify the cyclist was riding as close to the right side of the road as was practical. Remember the insurance company will try to cast blame on the cyclist. Anticipate this and document the cyclist was riding correctly. This is especially important of witnesses.
To hear more about what Reconstructing a Bicycle Crash, download and listen to the entire episode.
If you are short on time, here are the highlights of Reconstructing a Bicycle Crash:
Importance of skid marks (1:38)
What is statementizing witnesses? (3:03)
Inspect the vehicle inside and out (5:42)
Maintain a chain of custody for evidence (9:15)
Engaging brakes (12:00)
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
In today’s podcast, Richard discusses how to help you resolve your case through careful documentation and how this Evidence Wins Injury Cases.
Evidence Collection
Precise evidence collection will often win a case. This can be done with an investigator but also by you. Take photographs, document evidence and collect witness names at the scene. This will help you prove fault in your case and settle for a fair value.
Plaintiff Has Burden of Proof
Remember you the plaintiff have the burden of proof. Make sure you can back it up.
Witnesses
Don’t rely upon the police report to obtain the names of witnesses. People come and go from the accident scene. It’s important to obtain all of the names you can. Get their name, driver license number and their auto license number.
If you are on a group ride, get all of the riders names. This is important to document speed and conditions.
Target Defendant
Current insurance policy, whose car they are driving, admission statements like I wasn’t looking, etc.
Your Equipment
Lights, clothing, helmet, GPS, condition of bike, these are all important pieces of evidence to prove you were riding visibly and safely. Remember to take lots of pictures.
To hear more about what Evidence Wins Injury Cases, download and listen to the entire episode.
If you are short on time, here are the highlights of Evidence Wins Injury Cases:
Collection of evidence (1:10)
What are lifestyle change witnesses? (2:58)
Crash site photos are vital (4:49)
Your injuries and medical care (6:28)
Proving financial losses (7:23)
Your insurance (8:10)
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
In today’s podcast, Richard discusses what to expect when you end up in criminal court and what your Cyclist Rights in Court are.
Victims of Criminal Conduct
If you or a family member have fallen victim to a vehicular homicide, hit and run or have been hit by a drunk driver, you have the right to be heard and compensated.
Victim Impact Statement
Sometimes just being heard is one of the biggest ways to heal during a difficult situation. You can walk up to the podium and explain to the judge what your losses are. You can even comment on sentencing of the defendant. Being heard and apologized to in court is a very healing experience.
Notifications
You have the right to be notified by the district attorney and the probation department of the probation department, especially if you are subpoenaed. You have the right to be told of court dates, the status of the defendant and what kind of sentence they received.
To hear more about your Cyclist Rights in Court, download and listen to the entire episode.
If you are short on time, here are the highlights of Cyclist Rights in Court:
Right to be heard (1:38)
Recovery of evidence (2:50)
Rights to economic compensation? (3:20)
What about pain and suffering restitution? (4:47)
Enforcing court orders? (5:47)
Civil vs. Criminal (6:24)
What is a restitution hearing? (7:28)
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
In today’s podcast, Richard discusses how claims are investigated. Richard L. Duquette explains exactly How Insurance Companies Investigate and what you can expect.
Gather Evidence
After you have been in an accident where you are not at fault, what do you do? First, you must protect your own interest. Gather your thoughts, make sure you are medically ok, you begin to gather evidence.
Knowledge is Power
You are not entitled to anything, you have the burden of proof. At the same time, a trained insurance adjuster is building their case against you.
Sometimes you might be videotaped to prove you are performing functions of daily activity and you are not in pain. Don’t exaggerate your claim.
Phone calls with adjusters will be recorded. These calls might be used out of context to impeach your credibility. Don’t be enticed to answering questions.
You might be asked to sign a broad release of your records. This could be medical, employment, etc. where they are going to use your past history against you. Don’t sign broad releases.
To hear more about How Insurance Companies Investigate, download and listen to the entire episode.
If you are short on time, here are the highlights of How Insurance Companies Investigate:
Who has the burden of proof? (1:28)
What to do if an adjuster calls? (3:35)
What about collateral insurance? (5:00)
Beware of social media! (6:00)
What should you disclose to your lawyer? (9:17)
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 discusses the issues of a blog article on the 911 Law website. Richard L. Duquette will discuss Bicycle Club Risk Management. The intent of this podcast is to protect the viability of our organizing groups.
Risks of the Ride
Some motorists complain that bicyclists aggressively exercising their vehicular rights to “take the lane”. This type of behavior can lead to a contentious relationship between bicyclists and motorists that share the same road.
Sometimes ride leaders are inexperienced and that can lead to accidents. Group leaders beware. Even if there is evidence of no prior accident, it’s considered inadmissible to show that no dangerous condition existed.
Inherent Risks
Many clubs and management will claim bicycling has inherent risks. This defense is often applied in court but it relies upon the underlying facts. It’s contingent upon the unpredictable jury case process. What if your 12 jurors are not bicyclist friendly?
Manage the Risks
Each club should form a corporation or an LLC to protect its officers and directors from personal liability. Each club should also be properly funded and organized so the corporate veil is not pierced.
Each club or sponsor should carry general liability insurance of 5 million with coverage extending to officers and directors with each named. This is especially important for race sponsors.
To hear more about Bicycle Club Risk Management, download and listen to the entire episode.
If you are short on time, here are the highlights of Bicycle Club Risk Management:
12 Angry Men? (6:00)
Why insure your club? (9:38)
Importance of waivers? (10:00)
Easiest way to manage risk? (10:15)
Selecting a group leader? (13:15)
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 discusses where bicyclists should ride safely and within the law. Richard L. Duquette will discuss do I control the traffic lane.
Marked Bicycle Lane
The bicyclist needs to ride within that lane unless there is an obstacle such as a foreign object or passing, overtaking another bicyclist, making a left hand turn, avoiding hazardous debris and when there is a dedicated right turn lane.
No Bike Lane
When there is no bike lane, bicyclists are required to share lanes with traffic. You need to ride as close or practicable to the right hand edge or curb of the roadway. This is when you should be riding single file. Especially when there is traffic oncoming or coming from behind.
Monopolizing the Lane
It’s important to remember that bicylsits are not equal to motor vehicles in size or power. If you are in an accident with a motor vehicle and you have been monopolizing the lane, the insurance adjuster will take a dim view of your case. The reasonable person would not ride in the middle of the lane since it is inherently dangerous.
To hear more about Do I Control the Traffic Lane, download and listen to the entire episode.
If you are short on time, here are the highlights of Do I Control the Traffic Lane:
What are the rights and duties of a bicyclist? (:50)
What’s required when sharing lanes with vehicles? (2:36)
What is a vehicular bicyclist? (4:35)
What is contributory negligence? (6:00)
Keys to riding safely? (7:45)
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 will discuss Combating Road Rage.
Civil and Criminal Actions
As cyclists we all know there is a lot of road rage going on out there. Richard has seen a man actually jump out of his truck and start attacking a fellow cyclists!
Often times drivers try to harass you by buzzing you and then driving away.
If you are hit by a driver in CA, it’s considered assault with a deadly weapon. Those drivers can lose their license for life.
You can combat road rage through civil and criminal actions.
Reexamination of Motorists Driving Privilege
Another way you can combat road rage is by reporting the incident. You can report the road rager to the DMV or a law enforcement officer.
The DMV can determine if they are a competent driver. For instance, they could have a history of drug or alcohol addiction or a mental health condition. Conditions which could make them unsafe to drive.
To hear more about Combating Road Rage, download and listen to the entire episode.
If you are short on time, here are the highlights of Combating Road Rage:
Assault with a deadly weapon (2:00)
Civil v criminal case? (3:45)
What are punitive damages? (4:15)
Jail time (5:45)
Your strategy is important to maximize damages (6:00)
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 discusses the process in choosing a lawyer for your cycling accident. Richard L. Duquette will discuss what to think about when Picking a Great Bike Injury Lawyer.
Qualifications
In today’s age of technology and social media, lots of lawyers look great! Richard cautions you to dig deep. The flashy website might not equate to the experience necessary to win your case.
Look for a lawyer that has been in practice at least 20 years and with a good reputation.
Has the lawyer been loyal to victims or has he switched over from the insurance side? Does he represent the little guy or big guy?
Specialized Training
See if your lawyer has taken some advanced or specialized training in representing cyclists and everyday people. You want to avoid a mill type lawyer that settles by volume.
Look for a lawyer that will fight for you and is willing to go to trial. You want an attorney that has trial experience that knows the courts, knows how to try a case and can connect with the jurors.
Connecting with your Attorney
Does your lawyer connect with you the cyclists? It’s important to find a lawyer that knows the nuances of cycling and how it relates to your individual lifestyle.
To hear more about Picking a Great Bike Injury Lawyer, download and listen to the entire episode.
If you are short on time, here are the highlights of Picking a Great Bike Injury Lawyer:
Lawyer qualifications (1:45)
Specialized training? (3:05)
Courtroom experience (4:56)
Why contingency is important (6:52)
Importance of self-help articles? (9:42)
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 this episode Richard L. Duquette digs deeper into the question of cyclist insurance and discusses umbrella policies and types of coverage.