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The Three Feet for Safety Act: "Proving a Violation"

In an effort to increase Safety on California roadways, Governor Brown recently signed into law AB1371, effective September 16, 2014. The new law requires a three-foot buffer by motorists passing a bicyclist. It will be codified in California Vehicle ...

Bicyclists Rights in Court

Bicyclists who fall victim to criminal conduct have the right to be heard and compensated. Most criminal defense attorneys would agree, victims of crimes should be fairly compensated for their losses. In fact, any seasoned defense attorney knows to ...

Calculating Pain & Suffering

The law provides for two forms of damages in most bicycle injury cases – Economic and Non- Economic damages. These damages equal justice. Economic Damages are hard losses like medical bills, and lost wages; whereas Non Economic damages are for ...

Cyclist Wins

This summer a San Diego Jury returned a verdict for a bicyclist in the San Diego Superior Court after a 2 ½ day jury trial. The verdict was for $51,713.40. When the costs were added the verdict totaled $58,000. The cyclist was forced to trial ...

The DEFENSE Medical Exam

The Defense Medical Exam: Say you’re whacked by a car while out on a ride. You’re hurt, maybe even have fractured bones. The motorists fault is clear, but the insurance company still refuses to promptly pay…. And when they do offer ...

Bicycle Law and Why I Love Helping Bicyclists

I love bicycling and find bicyclists make great clients. So, I’ve devoted a major portion of my practice of law to helping injured bicyclists get full justice, i.e. a fair settlement or jury verdict. I have over 34 years of personal racing and ...

Inattentive Drivers a Cyclist’s Worst Enemy

Ride Like You Are Invisible! Inattention: Inattention is a big factor in causing accidents. Other risk factors include hurrying, cell phones (talking and driving while dialing), tinted windows, drowsiness, gazing at scenery, obstructions by cars ...

Why Do Trucks & Bicycles Collide?

Over 5,000 trucking accidents result in fatalities each year. Over 700 bicyclists are killed each year, many by trucks. Let’s talk about why….Simply stated, trucking companies often place profits over safety. Causes of Truck Accidents: ...

Brain Injuries & Bicycling

Diagnosing a Brain Injury: The evolution of medicine has allowed us to diagnose brain injuries of all magnitudes. In the 1800’s we looked for broken bones; then x-rays allowed us to see the broken bones. Thereafter, Cat scans showed us tissue ...

Carbon Fiber Bike – Repair and Recovery

Let’s explore several different options to recover for damage to your carbon fiber bike. Its heart breaking to see these works of art damaged. First, a little background on Carbon Fiber (CF). The industrial fiber is called polyacrylanitrile or ...

Evidence Wins Bicycle Injury Cases

When a cyclist goes down, at the hands of a careless motorist, precise evidence collection will often win the case. It goes without saying, that the health of the injured cyclist is a priority. Documenting the case is a close second. This will make ...

When is a Turning Movement Illegal?

Turning movements not only include the typical 90º turning movement, but also lane changes. California Vehicle Code §22107 states: “No person shall turn a vehicle from a direct course or move right or left upon a roadway until such ...

The Tipping Point: When Road Rage Goes Too Far

A local bike shop owner recently summed up motorist bias the other day. Here’s what he said: Motorists take out their frustrations on bicyclists. Motorists often want to teach bicyclists a lesson. Motorists sometimes act as if they are the ...

Spotlight on Moment Cycle Sport

Here in San Diego we are fortunate to have several exceptional bike/tri shops. Moment Cycle Sport (1357 Rosecrans) opened in 2007 and in the past year has quickly developed quite a reputation as the place to go if you want personalized service from ...

Spotlight on B&L Bicycles

As we all know, bicycle shops draw customers into their store for unique reasons. Many customers are attracted to the B&L shop (off PCH 101 – near Fletcher Cove) for their repair and fitting services offered by Dan Rock, their modest ...

A Loyal Lawyer for Bike Accidents

Here are a few points I’d like Bicyclists to consider when hiring a lawyer. I can assure you my fees are reasonable and customary in the legal profession. When hired, I work on a contingency basis – which means no recovery – no fees ...

Spotlight on NYTRO Multisport

The exotic red and black “Ferrari” F60 Colnago bicycle (#1 of 199 in the world) outlined in a green and white pinstripe proudly displayed in the store window sends a message to its customers entering the shop. The message…we carry ...

The Bicyclist Juror: The Great Levelers

Imagine opening your mail box one day and receiving a letter from the courthouse summonsing you to Jury Duty. Some might send in an objection to get out….whereas others will report at 8:00 a.m. to the court house Jury lounge to watch the ...

Picking a Great Lawyer

Picking a great lawyer is like selecting a grapefruit at the market. Your senses tell you when to buy. Everyone’s senses depend on their needs. Here are a few criteria I’d use if picking a lawyer. Do I Trust Him? Talk is cheap, so go ...

David & Goliath: Evening Dangers of Bike Riding – Triathlete Mother Wins

A triathlete and mother of two went out for a training ride on her bicycle after work, but crashed into large wood timbers left straddling the marked bicycle lane. She flew over the handlebars and fractured her elbow (the radius head). Her expensive ...

Taking a Risk Could Lead to Bankruptcy

It was such a pleasure to again sponsor the Encinitas Sports Festival. There were some great races and rides, great people, and of course it was great FUN! But, while I was in the midst of so many capable bicyclists I couldn’t help but think ...

DMV Justice – Motor Vehicle Re-Examination Process

What can you do when hit and seriously injured by a motorist you believe should not be driving due to age or a mental or physical disability in order to protect others using the roads in the future? Or, do you have a family member or friend suffering ...
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