This three-part article addresses the question of what legal remedies exist for the surviving family of a bicyclist who is killed by a negligent driver. Part one of this article discusses proving fault, and the distinction between wrongful death claims and a survival action. Part two discusses the classes of plaintiffs who may bring a wrongful death action. Part three explains the types of damages that are available to them.
Traumatic brain injury cases are some of the most complex civil personal injury cases today, both because of the amount of money at stake, and because of the scientific and medical complexity involved.
Richard Duquette of 911 Law provides a summary of the procedural hazards plaintiffs face when they try to assert a claim against a government entity, and the steps to take if you find yourself in these circumstances.
HawkEye Road Hazards is a mobile-optimized site with an interactive map of dangers to bicyclists, (pot holes, debris, construction and more). On the site, a bicyclist can create a free account to report the location of road hazards with GPS coordinates.
Part I of this article discussed how lost earning capacity works as a general matter. This second part explores the unique challenges of making a lost-earning capacity argument with an injured plaintiff who is in active military service.
Breakaway Training Endurance Team is an outward extension and representation of Breakaway Training (BT), a coaching and personal training service based in San Diego county. The formation of the endurance team centers on Breakaway Training owner Felipe Loureiro.
There are two basic categories of damages in a personal injury case: special damages and general damages. Special damages refer to the direct, quantifiable pecuniary loss that can be traced to the accident. General damages, on the other hand, refer to other, less readily quantifiable losses such as pain and suffering, diminished quality of life, and emotional distress.
The various immunities to liability that governments enjoy, and the pitfalls imposed by substantive law make it a complex and difficult landscape to navigate. Of these, the biggest pitfalls are the statutory public entity immunities.
As the insurance industry pumped millions of dollars into tort reform by way of advertising and politics, life changed for consumers, including bicycle crash victims. Currently it’s common place to see a settlement offer of only $1,000.00 on a $3,000.00 case, with an offer to pay only your medical bills. Attorney fees and victim pain and suffering have taken a big hit.
The San Diego Mountain Biking Association (SDMBA) annual membership ride, the Archipelago Ride aka “ARCH” ride, is best described as a mountain bike adventure through the backcountry of North County.
Recording your ride can preserve important evidence if you are injured in a crash or if you are stopped by a police officer. If you were doing nothing wrong, the video may vindicate you, or it may show that the person who hit you was at fault.
What can you do when hit and seriously injured by a motorist you believe should not be driving to due to age or a mental or physical disability in order to protect others using the roads in the future? Following a fatal or serious injury accident, the Department of Motor Vehicles has authority to investigate and require a re-examination to determine whether the negligent drivers driving privileges should be revoked, suspended, restricted, or placed on probation.
While most states and Federal law only require the consent of one party to record a conversation, California and a handful of other states goes a step further. The California Invasion of Privacy Act (Penal Code §§630-637.5) requires the consent of all parties to a conversation before recording it.
Head to the Wildflower triathlon for a well organized event, camp out, enjoy the fun times, and challenge yourself in one of the classic California triathlons. The 2018 Wildflower Experience runs May 4-6th at Lake San Antonio with offerings for team or individual competitions.
Nestled in the Northeastern corner of Arizona’s Superstition Wilderness at an elevation of 3,300 feet, Reevis Mountain lies to the south of Roosevelt Lake. Reevis Mountain is owned by Peter Bigfoot, local master of self-reliance. He is best known for his solo trek across the Sonora desert in July 1976, in which he covered 85 miles in 15 days, surviving the journey by foraging.
Getting “doored” or crashing into the carelessly opened door of a parked vehicle while on your bike is no fun, but it is common. Here are 10 tips to both avoid getting “doored” and to protect your rights if an unfortunate incident occurs:
The event is called ‘The Whiskey’ because it starts on the famed ‘Whiskey Row’, an 1800’s downtown row of tall western saloons and shops; traditional Old West Saloons that have swinging doors with names like ‘The Palace’ or ‘The Bird Cage.’
I rode my mountain bike to the start line of the inaugural Carson City Off-Road 35/50 Mountain Bike Race put on by Epic Rides. My goal was the finishers reward of the coveted silver railroad spike with the proof of my success engraved in the metal.
It is important to consider safety during night riding because motorists that fail to see them injure many bicycle riders. Not only should you have at least one bright light on your bike for safety reasons, but you also need them for legal reasons as well.
The Iron Horse Bicycle Classic (IHBC), which began 46 years ago, is a challenging and exciting bicycle race from Durango to Silverton, Colorado. Bicyclists race over three mountain passes against the classic steam powered locomotive deep into the Rocky Mountains surrounded by majestic scenery.
When cyclists hit their heads in accidents there are numerous ways that the brain can be damaged, and just as many ways for this damage to manifest itself. The following provides a brief explanation of what may happen and how your attorney can prove it in court.
Cyclist and attorney Richard L. Duquette breaks down some options for justice after an unpleasant encounter with a road raging driver. There are better choices than others, so choose your justice strategy wisely.