Triathlete Wins Sizable Settlement on Eve of Jury Trial

The threat of a jury trial secured a large settlement for Jim Murff, an experienced San Diego Triathlete.

Bicycle injury lawyer Richard Duquette obtained a substantial money settlement for Mr. Murff who was “cut off” by a negligent motorist on July 25-2017 when she made an illegal “right hook” turn on southbound Carlsbad Blvd. (PCH) in Carlsbad, CA.

Mr. Duquette prepared the case for a jury trial when the defendant’s insurance company failed make any settlement offer on the case despite over a year of litigation. It took a lawsuit, expert witnesses and the investment of several thousands of dollars to prepare Mr. Murff’ s case for trial.

Mr. Duquette credits Mr. Murff’ s bicycle handling experience, tenacity and credibility for the excellent results, despite insurance company tactics. Duquette confidently says, “Mr. Muff did not just forget how to ride, after years of experience. He did not just fall for no reason. We kept the focus on the motorist’s carelessness.”

Mr. Duquette was honored to assist a fellow triathlete all the way to trial. Mr. Duquette feels a special commitment to triathletes who are like “family” to him, having been a competitive triathlete since the mid 1980’s. Because of his bicycling and triathlon experience, Mr. Duquette understands how injuries like Mr. Murff’s affected his healthy lifestyle.

Like any serious Triathlete or bicyclist who’s injured, Mr. Murff sought out the best available bicycle injury attorney. He hired Mr. Duquette knowing his reputation as a trial lawyer and avid triathlete. Duquette also gives back to the bicycling and triathlon community from his legal wins.

On January 5, 2019, Mr. Murff issued a public statement on his Facebook page to the San Diego Triathlon community, reproduced (with permission) in large part below:

“A lady with illegally tinted windows either thought she could beat me or never looked and made an illegal sharp right turn across the bike lane to get a prime parking place. This took place on coast highway as I was headed south right before Leucadia. I was ejected from my bike. I was knocked out and taken to the hospital for a four-day stay and elbow surgery. When I was in the hospital, I realized I was in deep. I needed help. I called the Law Firm of Richard L. Duquette, @911law. Richard is a cyclist, triathlete and has been intimately involved for decades in the athletic scene of San Diego and also helping bikers who are injured. He came to the hospital within an hour of me calling and he explained what my options were. He told me it would be tough. I had no idea what he meant.

The driver changed her story three times and her insurance company, Travelers, said it was my fault, I rode recklessly, I shouldn’t have been where I was (in the bike lane), I should have stopped correctly, and I “fell” off my bike. Add to that I didn’t actually strike her car! As if “falling” could result in three surgeries, multiple broken bones, dislocated and torn shoulder, a concussion, several hurt disks, pinched nerve root, and permanent injuries – TBI, tremors, and loss of 20-30% of the strength in the right side of my body. Travelers then proceeded to not make a single offer, not acknowledge any demands or attempts to settle for a year and a half. They villainized, deny, delay, deceive, lie, and blame over and over.

Richard took time and got to know me and Kris. He sincerely cared about my health and the long-term effects. Richard is thorough at covering all the bases multiple ways to draw a picture of fault. He expected a lot out of me, but he was willing to spend money on my case and willing to go to trial. Both are apparently very rare in personal injury. He used his experience and connections to gather an all-star cast of experts to help me. They all soon realized I was not at fault in any way in this accident. In November and December, our expert’s depositions went well. Richard caught Travelers experts in several lies. Because of this we won every motion, fought off attempts to delay the Jan 11th trial date. Dec 13th at 1:30pm, two days after beating back a delay attempt (again he caught their lawyer in a lie in front of the judge), Travelers finally realized they were beaten and would lose badly at trial. By 5pm it was finally over. Friday, Dec 14th, we went to court and read the settlement into the record so they couldn’t attempt any more deceit. On Dec 31st, the day before my birthday I received my settlement. So, If God forbid, you ever find yourself in this situation (especially if you are a member of the San Diego Triathlon and Cycling scene), call Richard Duquette. He and his wife, Kim and their team @911law worked their butts off for me. For that, I will be eternally grateful.”

The Law Firm of Richard Duquette is proud to serve the triathlon and bicycling community and Mr. Duquette receives personal satisfaction from helping get Justice for Triathletes like Jim.

DISCLOSURE: The Law Firm of Richard Duquette is the title sponsor of BICYCLIST Magazine. We are not paid to publish this release, it is not part of our sponsorship agreement to do so. We’re just stoked the underdog won, and provided some monetary accountability for the lack of legislative recourse for people who travel by bike. When the intersections of the bike and the law line up in your life, we recommend The Law Firm of Richard Duquette. He can’t pay us to say that- 100% our unsolicited opinion as observers of his tenacity and advocacy for his clients during the time we’ve gotten to known him. —@chrsrnlds