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.
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.
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.
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.
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.
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:
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.
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.
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!
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.