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Legal Cycling

20 posts

Bicycles and Wrongful Death Part I: Proving Fault

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
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Lost Earning Capacity Part I: General Principals

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
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The Economics of Justice in a Small Bicycle Injury Case

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

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
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