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Richard L. Duquette Is The Lea
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Bicycling and the Law - 911Law.com
Nytro Women's Racing Team
In today’s episode, we’re hearing from accomplished triathletes Julie Dunkle and Leslie Myers of the Nytro Women’s Racing Team. Composed of ten veterans in the sport, their team races all distances. They are prolific podium finishers who have gone on to qualify for world championships, a feat that is by no means easy. “The Nytro Women’s Team is about triathlon but it’s also about women who are empowered and accomplished and are true ambassadors of the sport.” - Julie Dunkle, Captain of the Nytro Women’s Racing Team Julie serves as the manager of the triathlon team, a...
2018-06-06
44 min
Bicycling and the Law - 911Law.com
Nytro Women's Racing Team
In today’s episode, we’re hearing from accomplished triathletes Julie Dunkle and Leslie Myers of the Nytro Women’s Racing Team. Composed of ten veterans in the sport, their team races all distances. They are prolific podium finishers who have gone on to qualify for world championships, a feat that is by no means easy. “The Nytro Women’s Team is about triathlon but it’s also about women who are empowered and accomplished and are true ambassadors of the sport.” - Julie Dunkle, Captain of the Nytro Women’s Racing Team Julie serves as the manager of the triathlon team, a...
2018-06-06
44 min
Bicycling and the Law - 911Law.com
Bicyclists Guide to Hiring an Injury Lawyer PART 3 OF 3
In the previous episode of this series, we talked about marketing lawyer discount scams, sketchy group referral programs, and the importance of your lawyer’s bicycling knowledge in winning your case. Today on Bicyclist's Guide to Hiring an Injury Lawyer, we will learn about contingency fee agreements. “...You want an experienced lawyer, not a discount lawyer. You want somebody that will get you the max recovery and if that requires a trial, they’ll go to trial.” - Richard Duquette What is a Contingency Fee? A contingency fee is a payment structure where you pay your lawyer’s fees out of the tota...
2018-05-30
07 min
Bicycling and the Law - 911Law.com
Bicyclists Guide to Hiring an Injury Lawyer PART 3 OF 3
In the previous episode of this series, we talked about marketing lawyer discount scams, sketchy group referral programs, and the importance of your lawyer’s bicycling knowledge in winning your case. Today on Bicyclist's Guide to Hiring an Injury Lawyer, we will learn about contingency fee agreements. “...You want an experienced lawyer, not a discount lawyer. You want somebody that will get you the max recovery and if that requires a trial, they’ll go to trial.” - Richard Duquette What is a Contingency Fee? A contingency fee is a payment structure where you pay your lawyer’s fees out of the tota...
2018-05-30
07 min
Bicycling and the Law - 911Law.com
Bicyclist guide to hiring an injury lawyer (Part 2 of 3)
Previously, we discussed objective guideposts, markers, and reasons for hiring a lawyer. In this second installment of Bicyclist's Guide to Hiring an Injury Lawyer, learn about more hiring tips, questions to ask, and pitfalls you need to watch out for to help you in your decision making. “Remember you get to make the call whether you settle or not, but having a good lawyer and getting to a good lawyer right away makes a big difference.” - Richard Duquette How to Deal with Marketing Discount Lawyers Fee discounts seem very tempting from the outset. However, you need to tread carefully in or...
2018-05-23
11 min
Bicycling and the Law - 911Law.com
Bicyclist guide to hiring an injury lawyer (Part 2 of 3)
Previously, we discussed objective guideposts, markers, and reasons for hiring a lawyer. In this second installment of Bicyclist's Guide to Hiring an Injury Lawyer, learn about more hiring tips, questions to ask, and pitfalls you need to watch out for to help you in your decision making. “Remember you get to make the call whether you settle or not, but having a good lawyer and getting to a good lawyer right away makes a big difference.” - Richard Duquette How to Deal with Marketing Discount Lawyers Fee discounts seem very tempting from the outset. However, you need to tread carefully in or...
2018-05-23
11 min
Bicycling and the Law - 911Law.com
Bicyclist's Guide to Hiring an Injury Lawyer, Part 1
How to find the best attorney to represent you. In this episode, we'll discuss the Bicyclist's Guide to Hiring an Injury Lawyer. Learn how to hire, the best attorneys, professional tips, and pitfalls. "This series seeks to help bicyclists hire the best attorney -- the real lawyers, the trial lawyers, the people that will fight for you that are effective advocates as opposed to 'marketing' lawyers." - Richard Duquette Reasons Why People Hire a Lawyer Every case is different and every client is unique. Similarly, you can hire a specific lawyer for your case. The criteria typically aligns with that la...
2018-05-16
14 min
Bicycling and the Law - 911Law.com
Bicyclist's Guide to Hiring an Injury Lawyer, Part 1
How to find the best attorney to represent you. In this episode, we'll discuss the Bicyclist's Guide to Hiring an Injury Lawyer. Learn how to hire, the best attorneys, professional tips, and pitfalls. "This series seeks to help bicyclists hire the best attorney -- the real lawyers, the trial lawyers, the people that will fight for you that are effective advocates as opposed to 'marketing' lawyers." - Richard Duquette Reasons Why People Hire a Lawyer Every case is different and every client is unique. Similarly, you can hire a specific lawyer for your case. The criteria typically aligns with that la...
2018-05-16
14 min
Bicycling and the Law - 911Law.com
Why It Makes Dollars & Sense to Hire a Lawyer Fast, Part 2
Hesitant to hire a lawyer fast? In this episode, we'll discuss social media pitfalls and designing a damages strategy. "The information between you and your attorney is sacrosanct. It protects you and is worth its weight in gold." - Richard Duquette Pitfall of Sharing Your Crash In today's day and age, many post information on social media about their crash or bicycle accidents. They openly discuss it with people they connect with. Unfortunately, the same act can actually be a case killer. Many eyes will be on you, including the insurance companies. Anything you say can be used against you. Ho...
2018-05-09
05 min
Bicycling and the Law - 911Law.com
Why It Makes Dollars & Sense to Hire a Lawyer Fast, Part 2
Hesitant to hire a lawyer fast? In this episode, we'll discuss social media pitfalls and designing a damages strategy. "The information between you and your attorney is sacrosanct. It protects you and is worth its weight in gold." - Richard Duquette Pitfall of Sharing Your Crash In today's day and age, many post information on social media about their crash or bicycle accidents. They openly discuss it with people they connect with. Unfortunately, the same act can actually be a case killer. Many eyes will be on you, including the insurance companies. Anything you say can be used against you. Ho...
2018-05-09
05 min
Bicycling and the Law - 911Law.com
Why It Makes Dollars and Sense to Hire a Lawyer Fast (Part 1 of 2)
Not sure whether you should hire a bicycle injury lawyer for your case? Prospective clients often delay in hiring for various reasons. Understand why it makes dollars & sense to hire a lawyer fast! "There are a lot of reasons [for the delay], ranging from uncertainty about the merits of their case to wanting to avoid the appearance of being litigious." - Richard Duquette Two Things to Consider Every client has his own set of reasons for hesitating hiring a bicycle injury lawyer. But there are two things to bear in mind. One is the minimal risks and the other i...
2018-04-25
08 min
Bicycling and the Law - 911Law.com
Why It Makes Dollars and Sense to Hire a Lawyer Fast (Part 1 of 2)
Not sure whether you should hire a bicycle injury lawyer for your case? Prospective clients often delay in hiring for various reasons. Understand why it makes dollars & sense to hire a lawyer fast! "There are a lot of reasons [for the delay], ranging from uncertainty about the merits of their case to wanting to avoid the appearance of being litigious." - Richard Duquette Two Things to Consider Every client has his own set of reasons for hesitating hiring a bicycle injury lawyer. But there are two things to bear in mind. One is the minimal risks and the other is t...
2018-04-25
08 min
Bicycling and the Law - 911Law.com
California Legal Ethics
What to look for in an attorney? How to measure his competence? This is the first in a series of episodes that focus on California Legal Ethics. "An attorney must competently perform legal services." - Richard Duquette What Is a Competent Attorney You can hear from a lot of attorneys in the industry. Unfortunately, not all of them are competent enough to handle a case or to represent a client. According to People v. Mckenzie (1983) 34 Cal 3rd 616, 631, the duty of a lawyer is to represent the client zealously within the bounds of the law. Competence requires diligence, learning and skill, an...
2018-04-11
06 min
Bicycling and the Law - 911Law.com
California Legal Ethics
What to look for in an attorney? How to measure his competence? This is the first in a series of episodes that focus on California Legal Ethics. "An attorney must competently perform legal services." - Richard Duquette What Is a Competent Attorney You can hear from a lot of attorneys in the industry. Unfortunately, not all of them are competent enough to handle a case or to represent a client. According to People v. Mckenzie (1983) 34 Cal 3rd 616, 631, the duty of a lawyer is to represent the client zealously within the bounds of the law. Competence requires diligence, learning and skill, an...
2018-04-11
06 min
Bicycling and the Law - 911Law.com
Valuing the Loss of a Bicycling Lifestyle Part 2
Valuing the Loss of a Bicycling Lifestyle Pt.2. is a continuation of part 1 where we discussed economic and non-economic damages. Today we focus on the non-economic damages such as your loss of bicycling enjoyment and how to value those. Involving the Jurors As famous trial lawyer Moe Levine says, “We should look at the whole person. How were they affected. This is not to gain sympathy, but empathy (understanding). The emphasis is not on how bad their life is now, but on the good things about their life that they can no longer enjoy. It is not mere grief, but obj...
2018-04-02
10 min
Bicycling and the Law - 911Law.com
Valuing the Loss of a Bicycling Lifestyle Part 2
Valuing the Loss of a Bicycling Lifestyle Pt.2. is a continuation of part 1 where we discussed economic and non-economic damages. Today we focus on the non-economic damages such as your loss of bicycling enjoyment and how to value those. Involving the Jurors As famous trial lawyer Moe Levine says, “We should look at the whole person. How were they affected. This is not to gain sympathy, but empathy (understanding). The emphasis is not on how bad their life is now, but on the good things about their life that they can no longer enjoy. It is not mere grief, but obj...
2018-04-02
10 min
Bicycling and the Law - 911Law.com
Valuing the Loss of a Bicycling Lifestyle Part 1
Richard Duquette’s job is to get his clients’ money. Money is justice. When you’re injured, you lose more than personal property, hospital bills and time off work. There is a value assigned to a loss of a bicyclists lifestyle. Richard helps you determine Valuing the Loss of a Bicycling Lifestyle in two episodes. Economic Damages Economic damages are hard losses such as lost earnings, life-care plan, and medical bills which must be paid back as out of-pocket expenses. These damages are called special damages because they are easily quantified and highly specific in nature. They are proven by actual...
2018-03-21
11 min
Bicycling and the Law - 911Law.com
Valuing the Loss of a Bicycling Lifestyle Part 1
Richard Duquette’s job is to get his clients’ money. Money is justice. When you’re injured, you lose more than personal property, hospital bills and time off work. There is a value assigned to a loss of a bicyclists lifestyle. Richard helps you determine Valuing the Loss of a Bicycling Lifestyle in two episodes. Economic Damages Economic damages are hard losses such as lost earnings, life-care plan, and medical bills which must be paid back as out of-pocket expenses. These damages are called special damages because they are easily quantified and highly specific in nature. They are proven by actual...
2018-03-21
11 min
Bicycling and the Law - 911Law.com
069: Bicycle Store Test Ride Agreement
Bicycling and the Law Richard L. Duquette EP69 Bicycle Store Test Ride Agreement and Covenant Not to Sue Bicycle shops are wise to obtain a written release to protect their interests. What should a prospective client understand when he agrees to the terms and signs the document? Find out in this episode titled Bicycle Store Test Ride Agreement and Covenant Not to Sue. Importance of Educating Test Riders It is important for bicycle store owners to educate their prospective clients about the agreement. Clients should understand the issues involved. One issue is the place that the bicyclist is riding can be...
2017-11-08
07 min
Bicycling and the Law - 911Law.com
069: Bicycle Store Test Ride Agreement
Bicycling and the Law Richard L. Duquette EP69 Bicycle Store Test Ride Agreement and Covenant Not to Sue Bicycle shops are wise to obtain a written release to protect their interests. What should a prospective client understand when he agrees to the terms and signs the document? Find out in this episode titled Bicycle Store Test Ride Agreement and Covenant Not to Sue. Importance of Educating Test Riders It is important for bicycle store owners to educate their prospective clients about the agreement. Clients should understand the issues involved. One issue is the place that the bicyclist is riding can be...
2017-11-08
07 min
Bicycling and the Law - 911Law.com
068: Fairly Defining the Legal Risk of Bicycling
Bicycling and the Law Richard L. Duquette EP68 Fairly Defining the Legal Risk of Bicycling On this episode of Bicycling and the Law, Richard Duquette talks about fairly defining the legal risk of bicycling. A valid perspective requires we discuss bicyclists personal responsibility and protecting the business entities involved in bicycling. What makes a risk legal and what are some of the ways an insurance company can use to escape responsibility? Tune in! Written Release as a Way of Escape There are a couple of ways for an insurance company to escape responsibility. Three ways are; a written release, primary a...
2017-11-01
10 min
Bicycling and the Law - 911Law.com
068: Fairly Defining the Legal Risk of Bicycling
Bicycling and the Law Richard L. Duquette EP68 Fairly Defining the Legal Risk of Bicycling On this episode of Bicycling and the Law, Richard Duquette talks about fairly defining the legal risk of bicycling. A valid perspective requires we discuss bicyclists personal responsibility and protecting the business entities involved in bicycling. What makes a risk legal and what are some of the ways an insurance company can use to escape responsibility? Tune in! Written Release as a Way of Escape There are a couple of ways for an insurance company to escape responsibility. Three ways are; a written release, primary a...
2017-11-01
10 min
Bicycling and the Law - 911Law.com
067: When is a turning movement Illegal
Bicycling and the Law Richard L. Duquette EP67 When Is a Turning Movement Illegal? Turning movements include 90-degree turns and lane changes. When done properly, they keep a bicyclist safe on the road. When is a turning movement illegal? Tune in! The Need for Safety The California Vehicle Code 22017 states that turning movement must be done with "reasonable safety." For that, the bicyclist must provide a signal before making a turn. Sometimes a car will speed up and try to catch up with the bicyclist. It is important for the bicyclist to protect himself and abide by the law when m...
2017-09-20
07 min
Bicycling and the Law - 911Law.com
067: When is a turning movement Illegal
Bicycling and the Law Richard L. Duquette EP67 When Is a Turning Movement Illegal? Turning movements include 90-degree turns and lane changes. When done properly, they keep a bicyclist safe on the road. When is a turning movement illegal? Tune in! The Need for Safety The California Vehicle Code 22017 states that turning movement must be done with "reasonable safety." For that, the bicyclist must provide a signal before making a turn. Sometimes a car will speed up and try to catch up with the bicyclist. It is important for the bicyclist to protect himself and abide by the law when m...
2017-09-20
07 min
Bicycling and the Law - 911Law.com
066: Night Riders and Commuters
Bicycling and the Law Richard L. Duquette EP66 Night Riders and Commuters Commuting and riding a bicycle, both improves health and saves money. More and more people are deciding to do so even in the dark. But when faced with an injury, how well do you know your rights? Listen to this episode on night riders and commuters. "Although (commuting) is good for the heart and for the planet, you have to take safety very seriously." - Richard Duquette The Law's Definition of Darkness According to Richard, insurance companies will try to claim your negligence. They see you partly at fa...
2017-09-13
06 min
Bicycling and the Law - 911Law.com
066: Night Riders and Commuters
Bicycling and the Law Richard L. Duquette EP66 Night Riders and Commuters Commuting and riding a bicycle, both improves health and saves money. More and more people are deciding to do so even in the dark. But when faced with an injury, how well do you know your rights? Listen to this episode on night riders and commuters. "Although (commuting) is good for the heart and for the planet, you have to take safety very seriously." - Richard Duquette The Law's Definition of Darkness According to Richard, insurance companies will try to claim your negligence. They see you partly at fa...
2017-09-13
06 min
Bicycling and the Law - 911Law.com
EP065: Recovering Damages for Veterans -- the Benefit of Sports for Our Military
Bicycling and the Law Richard L. Duquette EP65 Recovering Damages for Veterans -- the Benefit of Sports for Our Military What do recreational activities do for our soldiers? How do they help them recover? Tune in as Richard discusses their benefit and the factors by which the injured military could recover. Here's Recovering Damages for Veterans -- the Benefit of Sports for Our Military. "He smiles at the young soldiers; Tells them it's alright. He knows of their fear in the forthcoming fight. Soon there'll be blood and many will die. Mothers and fathers back home they will cry." - Eri...
2017-09-06
07 min
Bicycling and the Law - 911Law.com
EP065: Recovering Damages for Veterans -- the Benefit of Sports for Our Military
Bicycling and the Law Richard L. Duquette EP65 Recovering Damages for Veterans -- the Benefit of Sports for Our Military What do recreational activities do for our soldiers? How do they help them recover? Tune in as Richard discusses their benefit and the factors by which the injured military could recover. Here's Recovering Damages for Veterans -- the Benefit of Sports for Our Military. "He smiles at the young soldiers; Tells them it's alright. He knows of their fear in the forthcoming fight. Soon there'll be blood and many will die. Mothers and fathers back home they will cry." - Eri...
2017-09-06
07 min
Bicycling and the Law - 911Law.com
064: The Bicyclist Juror
Bicycling and the Law Richard L. Duquette EP64 The Bicyclist Juror There are times when bicyclists receive a Jury Service summons to the courthouse. What would you do when that happens to you? People can have different responses. For this, Richard shares some insights on The Bicyclist Juror. How is bicycling connected to jury duty? Tune in! On Jury Duty The conflict typically comes when a call is received from an injured bicyclist. Many would try to go through the process on their own. They do it in hopes that they will be treated fairly. Sometimes the need to face a...
2017-08-30
08 min
Bicycling and the Law - 911Law.com
064: The Bicyclist Juror
Bicycling and the Law Richard L. Duquette EP64 The Bicyclist Juror There are times when bicyclists receive a Jury Service summons to the courthouse. What would you do when that happens to you? People can have different responses. For this, Richard shares some insights on The Bicyclist Juror. How is bicycling connected to jury duty? Tune in! On Jury Duty The conflict typically comes when a call is received from an injured bicyclist. Many would try to go through the process on their own. They do it in hopes that they will be treated fairly. Sometimes the need to face a...
2017-08-30
07 min
Bicycling and the Law - 911Law.com
EP063: DMV Justice
Bicycling and the Law Richard L. Duquette EP63 DMV Justice What do you do when you encounter an accident with an incompetent motorist? On today's episode, Richard Duquette discusses DMV Justice. Listen to his insights on how the Department of Motor Vehicles can help, and understand how you can proceed with your case. Dealing with an Incompetent Motorist In bicycling, you could encounter motorists who are suffering from dementia or Alzheimer's. Or, they may simply be old and decrepit. Many do not want to give up their independence and driver's license. The DMV can help you if you are following a f...
2017-08-23
16 min
Bicycling and the Law - 911Law.com
EP063: DMV Justice
Bicycling and the Law Richard L. Duquette EP63 DMV Justice What do you do when you encounter an accident with an incompetent motorist? On today's episode, Richard Duquette discusses DMV Justice. Listen to his insights on how the Department of Motor Vehicles can help, and understand how you can proceed with your case. Dealing with an Incompetent Motorist In bicycling, you could encounter motorists who are suffering from dementia or Alzheimer's. Or, they may simply be old and decrepit. Many do not want to give up their independence and driver's license. The DMV can help you if you are following a f...
2017-08-23
14 min
Bicycling and the Law - 911Law.com
062: Paying your medical bills
Bicycling and the Law Richard L. Duquette EP62 Paying Your Medical Bills Once you have identified your medical bills as stated in the previous episode, the next step is to pay them. This is what Richard Duquette discusses on today's episode, Paying Your Medical Bills. Tune in for tips and insights to guide you in the process! Information Upon Paying Your Medical Bills To pay your medical bills, you can use your private health insurance. First consider the type of insurance you have. They key is to pay your medical providers. You will need to provide you healthcare policy number, co...
2017-08-16
11 min
Bicycling and the Law - 911Law.com
062: Paying your medical bills
Bicycling and the Law Richard L. Duquette EP62 Paying Your Medical Bills Once you have identified your medical bills as stated in the previous episode, the next step is to pay them. This is what Richard Duquette discusses on today's episode, Paying Your Medical Bills. Tune in for tips and insights to guide you in the process! Information Upon Paying Your Medical Bills To pay your medical bills, you can use your private health insurance. First consider the type of insurance you have. They key is to pay your medical providers. You will need to provide you healthcare policy number, co...
2017-08-16
10 min
Bicycling and the Law - 911Law.com
061: Negotiating medical bills
Bicycling and the Law Richard L. Duquette EP61 Negotiating Medical Bills Made Easy Bicyclists sometimes deal with expensive medical bills which range from around $30,000 to $60,000. It depends on what the hospital does to treat them. For this, Richard Duquette talks about Negotiating Medical Bills Made Easy. Tune in for some tips and insights about it! Start of the Problem The problem in negotiating medical bills typically starts after the bicyclist receives them. Add to that the calls he receives from the insurance agencies. Such situations can be very stressful for the injured bicyclist. In the future, Richard will talk about un...
2017-08-09
12 min
Bicycling and the Law - 911Law.com
061: Negotiating medical bills
Bicycling and the Law Richard L. Duquette EP61 Negotiating Medical Bills Made Easy Bicyclists sometimes deal with expensive medical bills which range from around $30,000 to $60,000. It depends on what the hospital does to treat them. For this, Richard Duquette talks about Negotiating Medical Bills Made Easy. Tune in for some tips and insights about it! Start of the Problem The problem in negotiating medical bills typically starts after the bicyclist receives them. Add to that the calls he receives from the insurance agencies. Such situations can be very stressful for the injured bicyclist. In the future, Richard will talk about un...
2017-08-09
11 min
Bicycling and the Law - 911Law.com
060: Getting your fair share of the settlement
When getting your fair share of the settlement, often the lawyer should put together a basic accounting. But what if your health care insurance company demands that you repay them from the settlement proceeds you receive? This is what Richard Duquette discusses in this episode. Tune in! A Right to Reimbursement One important thing to consider is that insurance companies know you need to factor in settlements, reimbursement claims, and lanes. On their end, they believe they have the right to be reimbursed. There are a variety of liens to consider. Among them are super liens, government liens, medicare liens, a...
2017-08-02
11 min
Bicycling and the Law - 911Law.com
060: Getting your fair share of the settlement
When getting your fair share of the settlement, often the lawyer should put together a basic accounting. But what if your health care insurance company demands that you repay them from the settlement proceeds you receive? This is what Richard Duquette discusses in this episode. Tune in! A Right to Reimbursement One important thing to consider is that insurance companies know you need to factor in settlements, reimbursement claims, and lanes. On their end, they believe they have the right to be reimbursed. There are a variety of liens to consider. Among them are super liens, government liens, medicare liens, a...
2017-08-02
11 min
Bicycling and the Law - 911Law.com
059: The Black Cyclone with Nelson Vails and John Howard
In today’s podcast, Richard L. Duquette interviews the Olympians Nelson Vails and John Howard in the show, “The Black Cyclone.” The Black Cyclone This is a movie based on the book John Howard has written. The book was based on Marshall “Major” Taylor, born in 1878 in Indiana, and in 1899 won the World Track Championships in Montreal Quebec, Canada. Major Taylor was the first black world champion of any major sport. Major Taylor was a trendsetter, an icon, and a forgotten American hero. Nelson Vails and John Howard Richard has a picture of Nelson hanging in his hall of fame. Nelson’s n...
2017-07-26
37 min
Bicycling and the Law - 911Law.com
059: The Black Cyclone with Nelson Vails and John Howard
In today’s podcast, Richard L. Duquette interviews the Olympians Nelson Vails and John Howard in the show, “The Black Cyclone.” The Black Cyclone This is a movie based on the book John Howard has written. The book was based on Marshall “Major” Taylor, born in 1878 in Indiana, and in 1899 won the World Track Championships in Montreal Quebec, Canada. Major Taylor was the first black world champion of any major sport. Major Taylor was a trendsetter, an icon, and a forgotten American hero. Nelson Vails and John Howard Richard has a picture of Nelson hanging in his hall of fame. Nelson’s n...
2017-07-26
38 min
Bicycling and the Law - 911Law.com
EP058: Why do trucks and bikes collide?
Every year, hundreds of bicyclists are killed by truck accidents. Why do trucks and bikes collide? In today's episode, Richard Duquette explores a variety of risk factors that cause truck-bicycle accidents. Tune in to understand how you can proceed with your case! Cause #1: Driver Fatigue More than half of the total truck accidents involve driver fatigue. Truck drivers can drive up to 16 hours every day. But many times they compile a total of 60 hours in less than 5 days. Companies pay these drivers to produce. Log book, receipts, and vouchers can prove the fatigue they experience. Cause #2: Blind Spots Sometimes truck d...
2017-07-19
12 min
Bicycling and the Law - 911Law.com
EP057: Bicyclists Can Recover Justice from an Uninsured or Underinsured Motorist
What do you do when you get into an accident with an uninsured or underinsured motorist? Many times the bad guy in such cases doesn't have enough insurance to cover for the damages. Tune in to understand how you can proceed with your case! Uninsured Motorist vs Underinsured Motorist There is a big difference between the uninsured and the underinsured motorists. An uninsured motorist is the bad guy without insurance. An underinsured motorist, on the other hand, is the bad guy who doesn't have enough insurance. In these cases, it is natural to expect that your motorist provision and auto po...
2017-07-12
11 min
Bicycling and the Law - 911Law.com
EP056: Recording Your Ride: Evidence and Liability Part 2
Bicycling and the Law Richard L. Duquette EP56 Recording Your Ride: Evidence and Liability Part 2 In this episode titled Recording Your Ride: Evidence and Liability Part 2, Richard Duquette focuses on police officers. Bicyclists typically get in touch with the police when they get into an accident. At other times, it could be the police themselves who call these bicyclists on a halt for committing traffic violations or when trespassing a property. But, how far can a bicyclist record his experiences? Tune in! Issues in the Open Space People enjoy the open spaces. They can also ride their mountain bikes in s...
2017-07-05
17 min
Bicycling and the Law - 911Law.com
EP055: Recording Your Ride: Evidence and Liability Part 1
Bicycling and the Law Richard L. Duquette EP55 Recording Your Ride: Evidence and Liability Part 1 Video evidence can help resolve cases. Through videos, bicyclists can present helpful information as to when, where, and what happened. But, what does the California law say about it? Tune in to this episode titled Recording Your Ride: Evidence and Liability Part 1! Recording Moments The Bank of America recently had to settle a call suit amounting to 2 million USD. They failed to properly warn the people of their service to record phone calls automatically. In the end, they agreed to pay for the civil penalties a...
2017-06-28
16 min
Bicycling and the Law - 911Law.com
054: Bicyclists Can Recover Justice
On today’s episode, Richard Duquette discusses how bicyclists can recover justice. This primarily concerns issues involving uninsured or underinsured motorists. Tune in and learn how you can proceed with your case! Dealing with Insurance Coverage An uninsured motorist is someone without an insurance, while the underinsured is someone who has a limited insurance coverage. If these bad guys hit you, the good thing is your auto policy can make up for it. Take for example if the bad guy only has $15,000 in his insurance, but the damage costs $100,000. You can get the $15,000. To make up for it, the underinsured can...
2017-06-21
13 min
Bicycling and the Law - 911Law.com
053: Made in the USA Part 2
On today’s episode, Richard Duquette talks about Made in the USA Part 2. This series aims to present how local consumers and bicycle retailers can avoid defective foreign bicycles. Tune in to hear classic insights about the judicial system, how you can take action, and some practical legal solutions! A Brief Recap In the previous episode, you heard about how expensive litigation is for the hurt bicyclist or retailer. Also, you heard about how some bicycles are designed. The design process can be done in the US, but the products could come from overseas manufacturers. There is also the insurance def...
2017-06-14
17 min
Bicycling and the Law - 911Law.com
052: Made in the USA Part 1
On today’s episode, Richard Duquette talks about the concerns revolving around local bicycle consumers and retailers. How can they protect themselves from defective bicycles from other countries? Nowadays, competing manufacturers and retailers abound even in the internet. Tune in to Made in the USA Part 1! Background of the Series The US imported more than 7 million bicycles in 2012. Primary sources were China and Taiwan. Many of the units were attractive, but some were defectively designed and manufactured. Unfortunately, the defects have the tendency to harm the bicyclist. If you try to sue the manufacturer, obtaining justice is cost prohibitive or to...
2017-06-07
16 min
Bicycling and the Law - 911Law.com
051: Corporate Culture and Bicyclist Part 3
On today’s episode, Richard Duquette discusses Corporate Culture and Bicyclist Part 3. Each corporation is unique and has its own bylaws. When dealing with the law, it is helpful to be completely fair and neutral. Tune in and learn about transparency, record keeping, and other related issues! The Last in a Series In the first episode of this series, Richard talked about rogue corporations, the different responsibilities, and particular case studies. The second episode tackled law and ethics, nonprofit categories, and other related topics. There are things that can be done to promote nonprofits. And, group leaders have the responsibility to...
2017-05-31
12 min
Bicycling and the Law - 911Law.com
050: Corporate Culture and Bicyclist Part 2
On today’s episode, Richard Duquette talks about Corporate Culture and Bicyclist Part 2. Listen as he shares some classic insights on nonprofit law and ethics! A Community for Bicyclists The State of California has a bicycling community that has a wide array of nonprofit organizations. These organizations represent the bicyclists’ interests in a variety of ways. The good thing about them is they help bring the bicyclists together. They share their passion, and provide foster education, information, advocacy, and support. Categories of Nonprofit Organizations There are different nonprofit categories, as specified in 501(c)(3). Each has its own bylaws, which exist in co...
2017-05-24
19 min
Bicycling and the Law - 911Law.com
049: Plaintiffs attorneys and reforming corporate culture
On today’s episode, Richard Duquette shares some classic insights about Plaintiff's Attorneys and Reforming Corporate Culture. Society typically sees plaintiff’s attorneys as people who are just after money. This idea, however, is not necessarily true. Tune in to learn about what these attorneys do and how they can bring about change in the corporate world! The Need for Plaintiff’s Attorneys Honest corporate profitability drives the American economy. But, once in awhile, corporations have business practices that are sharp for Americans. One example is when Volkswagen programmed 600,000 vehicles in the city for environmental protection agencies. Another example is when We...
2017-05-17
14 min
Bicycling and the Law - 911Law.com
048: GPS to the Bicyclists Rescue
On today’s episode, Richard Duquette discusses GPS to the Bicyclists’ Rescue. Spending some amount for a GPS is worth it. Bicyclists never know when they could get into accident. Tune in and learn how a GPS can help you in a case! How a GPS can Help Reconstructing a bicycle crash is becoming more scientific. There are ways to counter insurance and company tactics that tend to reduce the value of a claim. Among which, is the use of a GPS. A gps device can help establish the general point of impact by providing the location and time. It is si...
2017-05-10
09 min
Bicycling and the Law - 911Law.com
047: Bicycling Drunk in California
On today’s episode, Richard Duquette discusses Bicycling Drunk in California. Bicyclists sometimes violate the law for drunk driving. Tune in to know about its legal consequences, and understand how you can proceed with a case! Bicycling Drunk Richard sometimes sees bicyclists who come in groups. They travel from one bar to another, and leave drunk. However, it’s important to know that riding a bike while impaired has legal consequences. It is classified as a misdemeanor. (For bicycling drunk in California, see California Vehicle Code Section 21200.5.) Not only does bicycling under influence give bicyclists the risk of losing their lives...
2017-05-03
07 min
Bicycling and the Law - 911Law.com
046: Lost Earning Capacity Part 2 Military Plaintiffs
Bicycling and the Law Richard L. Duquette EP46 Lost Earning Capacity Part 2 Military Plaintiffs On today’s episode, Richard Duquette and Justin Nelson discuss Lost Earning Capacity Part 2 Military Plaintiffs. A bicycle injury can affect a military personnel’s career. Listen and learn how military plaintiffs can proceed with their case! Entitled to Receive More Richard has represented lots of marines. In a recent case, a marine underwent surgery due to a bicycling accident. He turned down the $50k offer from the insurance company. After they filed the claim, he was immediately awarded with more than $350k. A Valuable Case The lo...
2017-04-26
20 min
Bicycling and the Law - 911Law.com
045: Lost Earning Capacity Part 1 General Principles
Bicycling and the Law Richard L. Duquette EP45 Lost Earning Capacity Part 1 General Principles On today’s episode, Richard Duquette and Justin Nelson discuss Lost Earning Capacity Part 1 General Principles. In a bicycle case, the injured is entitled to more than just medical bills. There are a variety of compensable damages. Tune in to learn about the principles behind the issue to understand how to proceed with a case! A Brief Overview The first episode aims to present the general principles behind the loss of earning capacity. Richard recently handled a case for a marine bicyclist. The injured was offered $50k t...
2017-04-19
13 min
Bicycling and the Law - 911Law.com
044: Bicycle and Wrongful Death Part 3 Damages
Bicycling and the Law Richard L. Duquette EP44 Bicycle and Wrongful Death Part 3 Damages On today’s episode, Richard Duquette discusses Bicycle and Wrongful Death Part 3 Damages with Justin Nelson. How do you value damages? What can surviving families do to strengthen the case? Tune in to this insightful talk! Ways to Analyze Damages It is difficult to value damages in a death claim. It comes with the question: How do you put value on human life? Still, the ultimate goal is to receive justice. There are a number of ways to determine value or to analyze the impact of a wr...
2017-04-12
19 min
Bicycling and the Law - 911Law.com
043: Bicycle and Wrongful Death Part 2 Who May Claim Damages
Bicycling and the Law Richard L. Duquette EP43 Bicycle and Wrongful Death Part 2 Who May Claim Damages On today’s episode, Richard Duquette discusses Bicycle and Wrongful Death Part 2 Who May Claim Damages with Justin Nelson. Wrongful deaths cause extreme pain and stress to the surviving relatives. To maximize recovery, it’s important to keep them intact. Tune in to learn who are eligible and to understand how such cases can be resolved! Classes of Eligible Survivors In a wrongful death suit, the plaintiff are the surviving relatives. It focuses on the losses they suffered instead of the damages to the d...
2017-04-05
13 min
Bicycling and the Law - 911Law.com
042: Proving fault: Bicycles and wrongful death
On today’s episode, Richard Duquette discusses bicycles and wrongful death. In this first part of a series, learn how to prove fault and how to distinguish between a wrongful death and a survival action. Intro to the Three-part Series Bicyclists sometimes lose their lives from auto collisions. Richard has handled such cases on wrongful death. They are serious, highly emotional, and require the skill of a lawyer. This is what 911 Law will be discussing today and in the succeeding episodes. Learn about the legal remedies and other related concerns. Meeting the Standard of Justice Proving fault usually involves compiling evi...
2017-03-29
09 min
Bicycling and the Law - 911Law.com
041: What is a lawful order
On today’s episode, Richard Duquette interviews Jack Smith and Justin Nelson about what is a lawful order. Sometimes police officers and bicyclists argue over what is right when it comes to road issues. How are they supposed to deal with such situations? Tune in to this episode! A Legal Tandem Jack is the President of Jack Smith Consulting and Investigative Services. He once worked at the LAPD, and helped form the Venice Bicycle Patrol. At present, he works with prosecutors and defense attorneys in the subjects of Police Practices and Procedures and the use of force. He is joined in...
2017-03-22
24 min
Bicycling and the Law - 911Law.com
040: Bike safety and handling with Rick Schultz
In today’s podcast, Richard L. Duquette discusses Bike Safety and Handling with Rick Schultz. Rick is an avid cyclist, who specializes in power-based training. Tune in and learn how you can ride safer and race better! Meet Rick Schultz Rick trains, races, and coaches in southern California. He is an engineer by profession and offers power-based coaching at BikeFitnessCoaching.com. He is a cycling Level 2 coach, bike fitter, and prolific product reviewer. Rick is also a USAC certified trainer and teaches beginner programs. His books include Bike Fit 101 and Stretching & Core Strengthening for the Cyclist. You can find his revie...
2017-03-15
32 min
Bicycling and the Law - 911Law.com
039: Proving MTBI Part III
In today’s podcast, Richard L. Duquette discusses the evidentiary issues and codes in Proving Mild Traumatic Brain Injuries Part 3. Tune in to help you decide how to proceed with your case! Providing Evidence to Trial Proper evaluation can help support a case. As discussed in the previous episode, this can be done through diagnostic tools and neuropsychological tests. Brain injury cases can be costly as it can require experts and specialists to provide a reliable testimony. In this, the plaintiff has the right to secure his own specialists. Acquiring necessary evidence gets the ball in play. Defense will then just h...
2017-03-08
10 min
Bicycling and the Law - 911Law.com
038: Proving MTBI Part II
In today’s podcast, Richard L. Duquette discusses the importance and ways of checking lifestyle changes in Proving Mild Traumatic Brain Injuries Part 2. Tune in to help you decide how to proceed with your case! Probing Lifestyle Changes In any case, it is essential for the plaintiff to prove the lifestyle changes caused by the injury. As some say, a brain injury is considered permanent or long term if it still exists after 6 months. Insurances companies often use diagnostic imaging to deny the basis of the claim. They would go on to say that the symptom has permanently healed or that...
2017-03-01
10 min
Bicycling and the Law - 911Law.com
037: Proving MTBI Part I
In today’s podcast, Richard L. Duquette discusses the symptoms and tools in Proving Mild Traumatic Brain Injuries Part 1. Tune in to help you decide how to proceed with your case! Mild Traumatic Brain Injury In a crash, a bicyclist can get different types of injuries from small wounds to traumatic ones. A serious injury, such as a mild traumatic brain injury (MBTI), can increase the value of the settlement by $100,000 or more. MBTIs can affect a person permanently. For this, a 3-part series will be available to tackle the (1) symptoms and tools, (2) lifestyle effects, and (3) evidentiary issues. What are the sy...
2017-02-22
13 min