Bicycling and the Law - 911Law.com

In today’s episode, we’re hearing from accomplished triathletes Julie Dunkle and Leslie Myers of the Nytro Women’s Racing Team. Composed of ten veterans in the sport, their team races all distances. They are prolific podium finishers who have gone on to qualify for world championships, a feat that is by no means easy. “The Nytro Women’s Team is about triathlon but it’s also about women who are empowered and accomplished and are true ambassadors of the sport.” - Julie Dunkle, Captain of...

In the previous episode of this series, we talked about marketing lawyer discount scams, sketchy group referral programs, and the importance of your lawyer’s bicycling knowledge in winning your case. Today on Bicyclist's Guide to Hiring an Injury Lawyer, we will learn about contingency fee agreements. “...You want an experienced lawyer, not a discount lawyer. You want somebody that will get you the max recovery and if that requires a trial, they’ll go to trial.” - Richard Duquette What...

Previously, we discussed objective guideposts, markers, and reasons for hiring a lawyer. In this second installment of Bicyclist's Guide to Hiring an Injury Lawyer, learn about more hiring tips, questions to ask, and pitfalls you need to watch out for to help you in your decision making. “Remember you get to make the call whether you settle or not, but having a good lawyer and getting to a good lawyer right away makes a big difference.” - Richard Duquette How to Deal with Marketing...

How to find the best attorney to represent you. In this episode, we'll discuss the Bicyclist's Guide to Hiring an Injury Lawyer. Learn how to hire, the best attorneys, professional tips, and pitfalls. "This series seeks to help bicyclists hire the best attorney -- the real lawyers, the trial lawyers, the people that will fight for you that are effective advocates as opposed to 'marketing' lawyers." - Richard Duquette Reasons Why People Hire a Lawyer Every case is different and every...

Hesitant to hire a lawyer fast? In this episode, we'll discuss social media pitfalls and designing a damages strategy. "The information between you and your attorney is sacrosanct. It protects you and is worth its weight in gold." - Richard Duquette Pitfall of Sharing Your Crash In today's day and age, many post information on social media about their crash or bicycle accidents. They openly discuss it with people they connect with. Unfortunately, the same act can actually be a case...

Not sure whether you should hire a bicycle injury lawyer for your case? Prospective clients often delay in hiring for various reasons. Understand why it makes dollars & sense to hire a lawyer fast! "There are a lot of reasons [for the delay], ranging from uncertainty about the merits of their case to wanting to avoid the appearance of being litigious." - Richard Duquette Two Things to Consider Every client has his own set of reasons for hesitating hiring a bicycle injury lawyer. But...

What to look for in an attorney? How to measure his competence? This is the first in a series of episodes that focus on California Legal Ethics. "An attorney must competently perform legal services." - Richard Duquette What Is a Competent Attorney You can hear from a lot of attorneys in the industry. Unfortunately, not all of them are competent enough to handle a case or to represent a client. According to People v. Mckenzie (1983) 34 Cal 3rd 616, 631, the duty of a lawyer is to...

Valuing the Loss of a Bicycling Lifestyle Pt.2. is a continuation of part 1 where we discussed economic and non-economic damages. Today we focus on the non-economic damages such as your loss of bicycling enjoyment and how to value those. Involving the Jurors As famous trial lawyer Moe Levine says, “We should look at the whole person. How were they affected. This is not to gain sympathy, but empathy (understanding). The emphasis is not on how bad their life is now, but on the good things...

Richard Duquette’s job is to get his clients’ money. Money is justice. When you’re injured, you lose more than personal property, hospital bills and time off work. There is a value assigned to a loss of a bicyclists lifestyle. Richard helps you determine Valuing the Loss of a Bicycling Lifestyle in two episodes. Economic Damages Economic damages are hard losses such as lost earnings, life-care plan, and medical bills which must be paid back as out of-pocket expenses. These damages are...

Bicycling and the Law Richard L. Duquette EP69 Bicycle Store Test Ride Agreement and Covenant Not to Sue Bicycle shops are wise to obtain a written release to protect their interests. What should a prospective client understand when he agrees to the terms and signs the document? Find out in this episode titled Bicycle Store Test Ride Agreement and Covenant Not to Sue. Importance of Educating Test Riders It is important for bicycle store owners to educate their prospective clients...

Bicycling and the Law Richard L. Duquette EP68 Fairly Defining the Legal Risk of Bicycling On this episode of Bicycling and the Law, Richard Duquette talks about fairly defining the legal risk of bicycling. A valid perspective requires we discuss bicyclists personal responsibility and protecting the business entities involved in bicycling. What makes a risk legal and what are some of the ways an insurance company can use to escape responsibility? Tune in! Written Release as a Way of...

Bicycling and the Law Richard L. Duquette EP67 When Is a Turning Movement Illegal? Turning movements include 90-degree turns and lane changes. When done properly, they keep a bicyclist safe on the road. When is a turning movement illegal? Tune in! The Need for Safety The California Vehicle Code 22017 states that turning movement must be done with "reasonable safety." For that, the bicyclist must provide a signal before making a turn. Sometimes a car will speed up and try to catch up...

Bicycling and the Law Richard L. Duquette EP66 Night Riders and Commuters Commuting and riding a bicycle, both improves health and saves money. More and more people are deciding to do so even in the dark. But when faced with an injury, how well do you know your rights? Listen to this episode on night riders and commuters. "Although (commuting) is good for the heart and for the planet, you have to take safety very seriously." - Richard Duquette The Law's Definition of...

Bicycling and the Law Richard L. Duquette EP65 Recovering Damages for Veterans -- the Benefit of Sports for Our Military What do recreational activities do for our soldiers? How do they help them recover? Tune in as Richard discusses their benefit and the factors by which the injured military could recover. Here's Recovering Damages for Veterans -- the Benefit of Sports for Our Military. "He smiles at the young soldiers; Tells them it's alright. He knows of their fear in the...

Bicycling and the Law Richard L. Duquette EP64 The Bicyclist Juror There are times when bicyclists receive a Jury Service summons to the courthouse. What would you do when that happens to you? People can have different responses. For this, Richard shares some insights on The Bicyclist Juror. How is bicycling connected to jury duty? Tune in! On Jury Duty The conflict typically comes when a call is received from an injured bicyclist. Many would try to go through the process on their...

Bicycling and the Law Richard L. Duquette EP63 DMV Justice What do you do when you encounter an accident with an incompetent motorist? On today's episode, Richard Duquette discusses DMV Justice. Listen to his insights on how the Department of Motor Vehicles can help, and understand how you can proceed with your case. Dealing with an Incompetent Motorist In bicycling, you could encounter motorists who are suffering from dementia or Alzheimer's. Or, they may simply be old and...

Bicycling and the Law Richard L. Duquette EP62 Paying Your Medical Bills Once you have identified your medical bills as stated in the previous episode, the next step is to pay them. This is what Richard Duquette discusses on today's episode, Paying Your Medical Bills. Tune in for tips and insights to guide you in the process! Information Upon Paying Your Medical Bills To pay your medical bills, you can use your private health insurance. First consider the type of insurance you have....

Bicycling and the Law Richard L. Duquette EP61 Negotiating Medical Bills Made Easy Bicyclists sometimes deal with expensive medical bills which range from around $30,000 to $60,000. It depends on what the hospital does to treat them. For this, Richard Duquette talks about Negotiating Medical Bills Made Easy. Tune in for some tips and insights about it! Start of the Problem The problem in negotiating medical bills typically starts after the bicyclist receives them. Add to that the...

When getting your fair share of the settlement, often the lawyer should put together a basic accounting. But what if your health care insurance company demands that you repay them from the settlement proceeds you receive? This is what Richard Duquette discusses in this episode. Tune in! A Right to Reimbursement One important thing to consider is that insurance companies know you need to factor in settlements, reimbursement claims, and lanes. On their end, they believe they have the right...

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...