Legal Cycling Archives

Legal Cycling

Bicycles and Wrongful Death Part I: Proving Fault

ByRichard Duquette
December 9, 2019

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.

5 minute read

Legal Cycling

The ‘Mild’ Traumatic Brain Injury is Not So Mild

ByRichard Duquette
October 8, 2019

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.

3 minute read

Legal Cycling

Bicyclist Rights Against Public Entities: Liabilities

ByRichard Duquette
August 28, 2019

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.

4 minute read

Legal Cycling

HawkEye Road Hazards Helps Bicyclists Report Hazards to City Officials

ByRichard Duquette
July 30, 2019

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.

3 minute read

lost earning capacity for military plaintiffs

Legal Cycling

Lost Earning Capacity II: Military Plaintiffs

ByRichard Duquette
June 12, 2019

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.

6 minute read

Legal Cycling

Lost Earning Capacity Part I: General Principals

ByRichard Duquette
April 30, 2019

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.

6 minute read

Legal Cycling

Bicyclists’ Rights Against Public Entities: Potholes to Trails II

ByRichard Duquette
April 2, 2019

This article covers the different types of government tort claims and the kinds of cases in which an injured bicyclist will be permitted to sue a public entity.

4 minute read

Triathlete Wins Sizable Settlement on Eve of Jury Trial

ByChris ReynoldsandThe Press Release Bot
February 4, 2019

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.

4 minute read

Legal Cycling

Bicyclist’s Rights Against Public Entities I

ByRichard Duquette
December 17, 2018

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.

5 minute read

Legal Cycling

The Economics of Justice in a Small Bicycle Injury Case

ByRichard Duquette
September 17, 2018

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.

5 minute read

Legal Cycling

Risk Management for Club or Group Rides

ByRichard Duquette
August 6, 2018

Regardless of our status in the bicycling community, each of us should be mindful of risk management. The intent of this article is to protect the very viability of our organizing groups.

5 minute read

action shot of a small camera mounted on bicycle handlebars

Legal Cycling

Recording Your Ride Part II: Video Evidence Can Promote Accountability

ByRichard Duquette
July 9, 2018

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.

5 minute read

Legal Cycling

DMV Justice: The Department of Motor Vehicles Re-Examination Process

ByRichard Duquette
June 28, 2018

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.

2 minute read

Legal Cycling

Recording Your Ride: Using Evidence Wisely Part I

ByRichard Duquette
June 11, 2018

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.

6 minute read

Legal Cycling

10 Tips for Cyclists: Don’t Get ‘Doored’

ByRichard Duquette
March 8, 2018

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:

3 minute read

Legal Cycling

Don’t Get Caught In The Dark: Parsing The Legal Requirements Of Lights and Reflectors While Cycling

ByRichard Duquette
December 4, 2017

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.

5 minute read

Legal Cycling

A Concise Guide for Cyclists Encountering Law Enforcement

ByBICYCLIST Staff
September 17, 2017

As users of the road, bicyclists are not immune to police encounters. This article outlines the best practices for handling these situations including consensual encounters vs. detentions, requests vs. commands, and why it’s best to cooperate.

6 minute read

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Evidence Wins in the Bike vs. Car Fight

ByRichard L. Duquette
August 24, 2017

This information is a thumbnail sketch of what an experienced bicycle trial attorney looks for in the form of evidence to prove your case – either for settlement or trial purposes. Insurance companies respond in kind to valid evidence and proof. So do Juries. Go on the offensive in your case, collect the evidence and win!

3 minute read

Legal Cycling

Brain Injury Basics To Know If You Get in A Cycling Accident

ByRichard Duquette
July 14, 2017

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.

3 minute read

Legal Cycling

How to Deal With a Road-rageous Driver

ByRichard Duquette
May 21, 2017

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.

2 minute read