In today’s podcast, Richard L. Duquette discusses how you can resolve your bicycle accident case when drinking was involved by Suing a Drunk Driver.
Drugs and Alcohol
The use of drugs and alcohol are prevalent in California while driving. They are very common situations and often times involve bicyclists.
Punitive Damages
Punitive damages give the cyclists a strong sword in settling and leveraging the case. Many times the defense tries to strike that from the case.
Burden of Proof
Remember the plaintiff has the burden of proof. They must plead and prove through clear and convincing evidence that the defendant is guilty.
You also have to show there is a willful and conscious disregard to safety to prove malice in fact. You also want to show despicable conduct on the part of the defendant.
You have to find facts. Like knowing that the defendant knowingly took drugs or alcohol and they appreciated the effects that the alcohol and/or drugs had on their behavior.
You can also look to see if the defendant has any prior record with regard to taking drugs or alcohol and further establish despicable conduct.
To hear more about establishing a strong punitive damage case by Suing a Drunk Driver, download and listen to the entire episode.
If you are short on time, here are the highlights of Suing a Drunk Driver:
Punitive damages (3:00)
What is malice in fact? (4:35)
What is despicable conduct? (5:49)
When the defendant pays more than the policy limits (9:10)
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