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.
Trail Boss has pushed forward the idea of ‘rolling maintenance’, or the collective efforts of individuals to maintain mountain trails for running and cycling before conditions get to the point where organized action is required. This push in priority allows organizations to focus their resources on the problems that are out of reach for the individual. Namely trail access and advocacy.
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.
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.
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.