show episodes
 
Richard L. Duquette is the leading bicycle injury attorney in Oceanside and San Diego California. On this podcast Richard discusses bicycle law and related topics to educate cyclists. California law will be the primary focus, but general legal principles will also be discussed. If you or someone you know have been involved in a bicycle injury, then contact Richard right away.
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show series
 
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 abo…
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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 disco…
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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,…
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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 effe…
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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 th…
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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 litigio…
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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 eno…
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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 …
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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 ar…
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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 …
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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 mak…
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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 "…
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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 g…
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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 --…
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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…
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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 Mot…
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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 Payin…
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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…
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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 th…
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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.…
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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 f…
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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 underinsur…
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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 …
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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 Lia…
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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 limi…
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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…
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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 m…
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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…
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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 va…
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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 corpora…
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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 …
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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…
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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 …
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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 …
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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 difficul…
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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 …
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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 …
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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 Inve…
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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 coa…
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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 neuro…
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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, …
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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 br…
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In today’s podcast, Richard L. Duquette discusses how Good Samaritans are Protected. Tune in to help you decide when and how to help an injured bicyclist! In Good Hands Some people may fear having to face a lawsuit when they come upon a downed rider. They fear the liabilities that can possibly come along with the accident. For this, a few could jus…
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In today’s podcast, Richard L. Duquette shares the list of immunities that protect the government from a lawsuit. Tune in to Bicyclists Rights against Public Entities, Immunities Shield to help you decide how to proceed with your case! A Careful Decision The government enjoys various immunities to liability. Therefore, it is important to choose the…
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In today’s podcast, Richard L. Duquette discusses the different types of claims and how to successfully bring them to court. Tune in to Bicyclists Rights against Public Entities, Potholes to Trails Part 2 to help you decide how to proceed with your case! Building a Permissible Claim There are different types of claims, particularly in cases where a…
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In today’s podcast, Richard L. Duquette discusses the procedure in imposing liabilities against state and local entities. Tune in to Bicyclists Rights against Public Entities, Potholes to Trails Part 1 to learn how you can proceed with your claim! Historical Overview Sovereign immunities used to exempt public entities from liabilities. Rooted in th…
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In today’s podcast, Richard L. Duquette discusses the economics of justice in a small bike injury case. Richard provides a realistic perspective in Economics of a Small Bike Injury Case to help you decide how to proceed with your case. Historical Overview The legal claim field has titled to the side of the insurance adjuster. In the 80’s a typical …
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In today’s podcast, Richard L. Duquette discusses Grassroots Bicyclist Advocacy. Tune in to learn about the basic principles in promoting safety for bicyclists! On the Same Trail Safety is always important in bicycling. With it stands the need for pertinent changes in both legislative and local sectors. Everyone doesn’t have to be in the same polit…
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In today’s podcast, Richard L. Duquette discusses Ten Tips to Avoid Being Doored. Richard’s prior episode discussed the Door Zone Debate and where to ride to be safe and in compliance with the law. How Often Does It Happen Cyclists are doored more often that you would think. Although cyclist try hard to avoid this dangerous occurrence, it is second…
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In today’s podcast, Richard L. Duquette discusses the Door Zone Debate. Bicyclists are generally required to ride as far to the right as possible or practical or in a posted bike lane. Two Sides The conservative view is to ride as close the right as possible. That is the law and you should follow the law as closely as possible. Others say to take t…
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