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Blog Posts in Bicycle Injury

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  • Bicycle Store Test Ride Agreement: Release of Liability and Covenant Not to Sue
    Bicycle Store Test Ride Agreement: Release of Liability and Covenant Not to Sue

    Bicycle Store Test Ride Agreement: Release of Liability and Covenant Not to Sue Below is a sample Bike Store Test Ride release which is explained in more detail in my podcast for this article. I also ...

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  • Fairly Defining the Legal Risks of Bicycling©
    Fairly Defining the Legal Risks of Bicycling©

    In an attempt to escape responsibility for a bicycle injury claim, insurance companies commonly argue that you, the bicyclist, assumed the risk of injury by hopping on your bicycle. They argue this ...

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  • 1989 Kona Iron War
    1989 Kona Iron War

    Traditionally, October is reserved for the Hawaiian Ironman World Championship in Kona. Respecting the sport and athletes, I have composed an article looking back on the greatest endurance race, ...

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  • When Is a Turning Movement Illegal? ©
    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 ...

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  • Night Riders and Commuters©
    Night Riders and Commuters©

    Night Riders and Commuters © This article is intended to discuss your rights when riding a bicycle in the dark . California Vehicle Code §21201 states that “darkness” is defined as half an hour before ...

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  • Recovering Damages for Veterans: The Benefits of Sport for Our Military Warriors©
    Recovering Damages for Veterans: The Benefits of Sport for Our Military Warriors©

    “He smiles at the young soldiers Tells them it’s all right He knows of their fears in the Forthcoming fight Soon there’ll be blood and many will die Mothers and fathers… Back home they will cry….” By ...

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  • The Bicyclist Juror:
    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 ...

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  • DMV Justice! ©
    DMV Justice! ©

    THE DEPARTMENT OF MOTOR VEHICLES 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 ...

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  • Paying Your Medical Bills©
    Paying Your Medical Bills©

    Once you’ve identified your medical bills so they can be paid; it’s time to begin the payment process . (Read this article after my previous article called “Negotiating Medical Bills Made Easy”.) ...

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  • NEGOTIATING MEDICAL BILLS MADE EASY©
    NEGOTIATING MEDICAL BILLS MADE EASY©

    In light of the complexities of current medical billing and collection efforts by the health care and insurance industries, I put together some suggestions to protect my injury clients’ financial ...

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  • Getting Your Fair Share of the Settlement©
    Getting Your Fair Share of the Settlement©

    THERE ARE SEVERAL ways to maximize your bicycle injury settlement. One of the most effective ways is to ensure your insurance company doesn't get its hands on what is rightfully yours. A current hot ...

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  • The Black Cyclone:  A Forgotten American Hero
    The Black Cyclone: A Forgotten American Hero

    This is a brief story of Marshall “Major” Taylor. Born in 1878 in Indiana, a young Major was working in a bicycle shop when the owner noticed his unusual talent for acrobatic cycling. Over the next ...

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  • Why Do Trucks & Bicycles Collide?
    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 ...

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  • Press Release: New Exclusive Gold Level Sponsorship Agreement
    Press Release: New Exclusive Gold Level Sponsorship Agreement

    Release Date: Immediately, July 14, 2017 Contact : Thom Richmond, President California Triathlon Phone: (818) 502-3355 Richard Duquette Attorney at Law Phone: (760) 730-0500 California Triathlon is ...

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  • Bicyclists Can Recover Justice from an Uninsured or Underinsured Motorist
    Bicyclists Can Recover Justice from an Uninsured or Underinsured Motorist

    I’ve previously written about the need to obtain strong insurance coverage , especially Uninsured/Underinsured Motorist coverage . See my article here . This is in case the bad guy that hits you is ...

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  • RECORDING YOUR RIDE:  EVIDENCE & LIABILITY - PART II
    RECORDING YOUR RIDE: EVIDENCE & LIABILITY - PART II

    The age of helmet and bicycle mounted cameras such as GoPros, Contours, and Fly 6s has opened up a world of possibilities that enhance recreation and entertainment. But this technology also has legal ...

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  • RECORDING YOUR RIDE:  EVIDENCE & LIABILITY - PART I
    RECORDING YOUR RIDE: EVIDENCE & LIABILITY - PART I

    The age of helmet and bicycle mounted cameras such as GoPros, Contours, and Fly 6s has opened up a world of possibilities that enhance recreation and entertainment. But this technology also has legal ...

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  • Bicyclists Can Recover Justice from an Uninsured or Underinsured Motorist
    Bicyclists Can Recover Justice from an Uninsured or Underinsured Motorist

    Bicyclists Can Recover Justice from an Uninsured or Underinsured Motorist I’ve previously written about the need to obtain strong insurance coverage , especially Uninsured/Underinsured Motorist ...

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  • Made in the USA: Part II
    Made in the USA: Part II

    How Consumers and Bicycle Retailers Can Avoid Defective Foreign Bicycles In 2012, the U.S. imported over seven million bicycles, primarily from China and Taiwan . While many of these bicycles appear ...

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  • Made in the USA: Part I
    Made in the USA: Part I

    How Consumers and Bicycle Retailers Can Avoid Defective Foreign Bicycles In 2012, the U.S. imported over seven million bicycles, primarily from China and Taiwan . While many of these bicycles appear ...

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  • Corporate Culture and Bicyclists: Part 3 of 3 Nonprofit Law and Ethics©
    Corporate Culture and Bicyclists: Part 3 of 3 Nonprofit Law and Ethics©

    Here in Southern California, we in the bicycling community are fortunate to have a wide array of nonprofit organizations that represent our interests in a variety of ways. These groups not only ...

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  • Corporate Culture and Bicyclists: Part 2 of 3 Nonprofit Law and Ethics©
    Corporate Culture and Bicyclists: Part 2 of 3 Nonprofit Law and Ethics©

    Here in Southern California, we in the bicycling community are fortunate to have a wide array of nonprofit organizations that represent our interests in a variety of ways. These groups not only ...

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  • Corporate Culture and Bicyclists: Part 1 of 3 Plaintiffs' Attorneys and Reforming Corporate Culture©
    Corporate Culture and Bicyclists: Part 1 of 3 Plaintiffs' Attorneys and Reforming Corporate Culture©

    Honest corporate profitability drives the American economy. But, rogue corporate business practices hurt Americans. Take Volkswagen, who schemed to program nearly 600,000 vehicles to deceive the ...

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  • "The Whiskey Off Road" Mountain Bike Race

    When your drive to the race site takes you through "Skull Valley", you know you're in for an adventure.... What is it? "The Whiskey Off-Road" is an "Epic Rides" Mountain Bike Race in Prescott, ...

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  • GPS to the Bicyclist's Rescue
    GPS to the Bicyclist's Rescue

    Reconstructing a bicycle crash is growing increasingly scientific these days. Here are a few observations on ways to counter insurance company tactics that attempt to deny or reduce the value of your ...

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  • Lost Earning Capacity Part 2: Military Plaintiffs
    Lost Earning Capacity Part 2: Military Plaintiffs

    LOST EARNING CAPACITY PART 2: MILITARY PLAINTIFFS In bicycle injury cases, plaintiffs are entitled to more than just their medical bills. There are a variety of different types of compensable damages ...

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  • Lost Earning Capacity, Part 1: General Principals
    Lost Earning Capacity, Part 1: General Principals

    In bicycle injury cases , plaintiffs are entitled to more than just their medical bills. There are a variety of different types of compensable damages to which injured plaintiffs may be legally ...

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  • Bicycles and Wrongful Death: Part 3  Damages
    Bicycles and Wrongful Death: Part 3 Damages

    In bicycle vs. auto collisions, the bicyclist is almost always the party who is more likely to be injured. This is just the nature of things when a human body collides with thousands of pounds of ...

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  • Great Cause, Great Fun - SDMBA ARCH Ride 2017
    Great Cause, Great Fun - SDMBA ARCH Ride 2017

    As many of you know, the San Diego Mountain Biking Association (SDMBA) "ARCH" ride was last Saturday, April 9th. It's their annual fundraiser and quite an exciting and eye opening experience. What is ...

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  • Bicycles and Wrongful Death: Part 2  Who may Claim Damages?
    Bicycles and Wrongful Death: Part 2 Who may Claim Damages?

    In bicycle vs. auto collisions, the bicyclist is almost always the party who is more likely to be injured. This is just the nature of things when a human body collides with thousands of pounds of ...

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  • Bicycles and Wrongful Death: Part 1 Proving Fault
    Bicycles and Wrongful Death: Part 1 Proving Fault

    In bicycle vs. auto collisions, the bicyclist is almost always the party who is more likely to be injured. This is just the nature of things when a human body collides with thousands of pounds of ...

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  • Bike Safety and Handling with Rick Schultz©
    Bike Safety and Handling with Rick Schultz©

    Rick Schultz is a USA Cycling (USAC) level 2 Coach and certified power based trainer, a bicycling safety and maintenance expert, a cycle fitter, a prolific product reviewer, and an engineer by trade. ...

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  • Proving Mild Traumatic Brain Injury (MTBI) Part III: Admitting Evidence at Trial©
    Proving Mild Traumatic Brain Injury (MTBI) Part III: Admitting Evidence at Trial©

    Proving Mild Traumatic Brain Injury (MTBI) Part III: Admitting Evidence at Trial © By: Richard L. Duquette, Esq. When bicyclists are involved in crashes, they can receive a variety of injuries ranging ...

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  • Proving Mild Traumatic Brain Injury (MTBI) Part II: Lifestyle Effects©
    Proving Mild Traumatic Brain Injury (MTBI) Part II: Lifestyle Effects©

    Proving Mild Traumatic Brain Injury (MTBI) Part II: Lifestyle Effects © By Richard L. Duquette, Esq. When bicyclists are involved in crashes, they can receive a variety of injuries ranging from ...

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  • Proving Mild Traumatic Brain Injury (MTBI) Part I: Field Diagnostic Tools©
    Proving Mild Traumatic Brain Injury (MTBI) Part I: Field Diagnostic Tools©

    Proving Mild Traumatic Brain Injury (MTBI) Part I: Field Diagnostic Tools © By Richard L. Duquette, Esq. When bicyclists are involved in crashes, they can receive a variety of injuries ranging from ...

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  • Bicyclists' Rights Against Public Entities: Potholes to Trails Part 3 - Immunities Shield
    Bicyclists' Rights Against Public Entities: Potholes to Trails Part 3 - Immunities Shield

    Bicyclists' Rights Against Public Entities: Potholes to Trails Part 3 – Immunities Shield By: Richard L. Duquette, Esq. This three-part series of articles focuses on imposing liability against state ...

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  • 2017 San Diego Mountain Biking Association Archipelago Ride
    2017 San Diego Mountain Biking Association Archipelago Ride

    I'm very excited to be sponsoring the San Diego Mountain Biking Association; they are a great group of people and lots of fun! Every year they have their Archipelago ride, ARCH Ride for short which ...

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  • Bicyclists' Rights Against Public Entities: Potholes to Trails Part 2 - Potholes and Government Land
    Bicyclists' Rights Against Public Entities: Potholes to Trails Part 2 - Potholes and Government Land

    Bicyclists' Rights Against Public Entities: Potholes to Trails Part 2 – Potholes and Government Land By: Richard L. Duquette, Esq. This three-part series of articles focuses on imposing liability ...

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  • Bicyclists' Rights Against Public Entities: Potholes to Trails Part 1 - Procedure
    Bicyclists' Rights Against Public Entities: Potholes to Trails Part 1 - Procedure

    This three-part series of articles focuses on imposing liability against state and local public entities in California. It does not address Federal liability, which is governed by the Federal Tort ...

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  • The Economics of Justice in a Small Bicycle Injury Case©
    The Economics of Justice in a Small Bicycle Injury Case©

    It's common to receive phone calls seeking legal representation for "small" bicycle injury cases. My intent in this article is to give you a realistic perspective, so you can decide how to proceed in ...

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  • Grass Roots Bicyclist Advocacy
    Grass Roots Bicyclist Advocacy

    Avid cyclists are aware of the need for legislative and local changes to promote bicycle safety. This article is a primer on organizing as modeled by the author's experience with the San Diego County ...

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  • 10 Tips for Cyclists: Don't Get
    10 Tips for Cyclists: Don't Get "Doored"©

    10 TIPS FOR CYCLISTS: DON'T GET "DOORED"© Getting "doored"--or crashing into the carelessly opened door of a parked vehicle while on your bike--is no fun, but it is common. Although bicyclists try ...

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  • The Door Zone Debate
    The Door Zone Debate

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  • The Door Zone Debate
    The Door Zone Debate

    I would like to comment on pending legislation affecting bicyclists (prompted by a helpful email from Bill Nesper from the League of American Bicyclists). Specifically, a section has been added to the ...

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  • Duquette Sponsors San Diego Mountain Biking Association
    Duquette Sponsors San Diego Mountain Biking Association

    OCEANSIDE, CA. DECEMBER 26, 2016 – On December 13, 2016, the San Diego Mountain Biking Association (SDMBA) and the Law Firm of Richard L. Duquette entered into a long-term Platinum Sponsorship ...

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  • 13 Ways to Help Win Your  Personal Injury Bicycle Case©
    13 Ways to Help Win Your Personal Injury Bicycle Case©

    Communicate regularly by e-mail and telephonic appointments, as well as schedule in-person appointments with Mr. Duquette to discuss your case. Avoid posting Face Book or other social media internet ...

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  • A Victim's Guide to Sentencing Alternatives
    A Victim's Guide to Sentencing Alternatives

    Many bicyclists and pedestrians fall victim to criminal conduct in the process of being injured. In many cases the first thought the defendant will have is not how to compensate the victim, but how to ...

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  • Bicycle Light Law at Dark
    Bicycle Light Law at Dark

    As the fall leaves change colors, the days get shorter. This means it gets dark earlier. Because many bicyclists commute to work or play, its good to refresh ourselves on the laws that apply to ...

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  • Recovering Money for an Athlete's Loss of Enjoyment of Life
    Recovering Money for an Athlete's Loss of Enjoyment of Life

    Money is often the only justice an injury victim can receive, as we can't lock up careless drivers-unless the act was criminal. One form of recovery is: " loss of enjoyment of life". By law, this is a ...

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  • The Defense Medical Exam
    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 ...

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  • TCSD Conversation by Craig Zelent
    TCSD Conversation by Craig Zelent

    Richard Duquette was interviewed by Craig Zelent with the Triathlon Club of San Diego: I had the pleasure recently of talking to Richard Duquette, Bicycle attorney, triathlete and longtime sponsor, ...

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  • Bicycling and Drugged Drivers
    Bicycling and Drugged Drivers

    Since California first legalized marijuana for medicinal purposes with Proposition 215 in 1996, there has been a growing national movement towards full legalization. In 2012, Colorado and Washington ...

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  • Brain Injury Basics
    Brain Injury Basics

    BECAUSE THE BRAIN is such a delicate and complicated organ, brain injuries can be a tricky thing to treat--and to prove in court. When cyclists hit their heads in accidents there are numerous ways ...

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  • Duquette Receives Award
    Duquette Receives Award

    OCEANSIDE, CA. OCTOBER 18, 2016 – Bicycle injury lawyer and advocate Richard Duquette was awarded a certificate of appreciation from the San Diego Mountain Biking Association ( SDMBA ) last night. ...

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  • Calculating Pain & Suffering
    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 ...

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  • Bess Bronson Fundraiser at Felix's BBQ with Soul
    Bess Bronson Fundraiser at Felix's BBQ with Soul

    Join us at Felix's BBQ with Soul restaurant for a fundraising event to elect Bess Bronson for Oceanside School Board on October 12, 2016 at 5:30 p.m. Ms. Bronson and I are going to speak on the ...

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  • The Three Feet for Safety Act:
    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 ...

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  • Suing a Drunk Driver
    Suing a Drunk Driver

    Recently I settled what initially looked like a small case for a triathlete/cyclist. We were fortunate to receive the defendant's full insurance policy limits. I believe this was because the defendant ...

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  • How to Prove Your Bicycle Injury Case
    How to Prove Your Bicycle Injury Case

    Tips to protect your accident rights: If you are injured in an accident below is a list of tips to assist you in protecting your rights and also understanding the insurance claim process. Obtain ...

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  • CARBON FIBER BIKE©  Repair and Recovery
    CARBON FIBER BIKE© Repair and Recovery

    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 ...

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  • Four Tips to Recover a Fair Property Damage Settlement
    Four Tips to Recover a Fair Property Damage Settlement

    “The repair estimate for your client’s bicycle is for more than the value of my car.” Insurance Adjusters have said this to me while I’m attempting to settle bicycle property damage claims – due to ...

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  • USMC & San Diego Mountain Biking Association Negotiate to Open Trails
    USMC & San Diego Mountain Biking Association Negotiate to Open Trails

    There's good news for mountain bikers, runners and hikers this week! A breaking story has confirmed that public access to the historic Stowe Trail is in the works with USMC – Miramar officials. ...

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  • Reconstructing a Bicycle Crash©
    Reconstructing a Bicycle Crash©

    Reconstructing a bicycle crash scene will help you win your case. Here are a few points to consider when analyzing your case. The physical evidence tells a story, like the defendant's speed and point ...

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  • Evidence Wins Bicycle Injury Cases
    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. ...

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  • Cyclists' Rights in Court
    Cyclists' Rights in Court

    YOU ARE LIKELY to end up in the criminal court if you or your family is the victim of a vehicular homicide, hit-and-run or is hit by a drunk driver. Bicyclists who fall victim to criminal conduct have ...

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  • How Insurance Companies Investigate Your Claim
    How Insurance Companies Investigate Your Claim

    You're out riding your bike and suddenly you're hit and it's not even your fault. What's your next plan of action? Attorney Richard Duquette explains how insurance companies investigate your case.

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  • QUEST for the Silver Spike!
    QUEST for the Silver Spike!

    My wife Kim gave me a soft kiss on the lips and said “Be careful honey, I'll see you in a few hours”. That was the start of my day, as I left our campsite and motor home in Carson City, Nevada on a ...

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  • Bicycle Club Risk Management ©
    Bicycle Club Risk Management © "The Red-Tailed Hawk Feather"

    By: Richard L. Duquette, Esq. - www.911law.com * & Clayton Griessmeyer, Esq. - www.griessmeyerlaw.com * Regardless of our status in the bicycling community, each of us should be mindful of risk ...

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  • Combating Road Rage
    Combating Road Rage

    As a bicyclist, your first reaction after being victimized by a "road rager" is probably to demand their arrest. In many cases this may actually be an appropriate course of action. But, what do you do ...

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  • Picking a Great Injury Lawyer
    Picking a Great Injury 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.

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  • Shopping for an Umbrella Policy
    Shopping for an Umbrella Policy

    Richard Duquette, bicycle lawyer in San Diego, discusses umbrella coverage for bicycle accidents involving underinsured/uninsured motorist. For more about this topic, see Richard's article, " Shopping ...

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  • Cyclist, Don't Skimp on Insurance
    Cyclist, Don't Skimp on Insurance

    Bicycle law attorney discusses the importance of getting the right auto insurance coverage which will carry over to cover you in case of an accident while riding. For more about this topic, see ...

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  • Personal Injuries and Cycling with John Howard
    Personal Injuries and Cycling with John Howard

    Richard Duquette sits down with cycling coach John Howard for episode two of Bicycling and the Law. John Howard is an Olympic cyclist from the United States, who set a land speed record of 152.2 miles ...

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  • Breaking the Land Speed Barrier with Project Speed
    Breaking the Land Speed Barrier with Project Speed

    Richard welcomes Denise Mueller to the show. Denise is joined by her coach John Howard and Shea Holbrook her driver. Denise will attempt Breaking the Land Speed Record with Project Speed in Bonneville ...

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  • Introduction to Bicycling and the Law
    Introduction to Bicycling and the Law

    Welcome to Bicycling and the Law, the new podcast from San Diego bicycle law attorney Richard Duquette. Follow us on Facebook and check back regularly for new episodes!

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  • Wildflower Triathlon 2016
    Wildflower Triathlon 2016

    Friends, The Wildflower Triathlon is known as the "Woodstock" of Triathlons. My wife and I took the trip in our motor home for an adventure. Sure it takes time to make it happen, but it was worth it. ...

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  • Do I Control the Traffic Lane?
    Do I Control the Traffic Lane?

    Listen to Richard Duquette's discussion of traffic laws for bicyclists on episode seven of "Bicycling and the Law": "Where should I ride?" is a question I am frequently asked. Legally, bicyclists have ...

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  • Motorist Pleads Guilty in Crash that Killed Handcyclist
    Motorist Pleads Guilty in Crash that Killed Handcyclist

    On January 5, 2015, in the city of Palm Desert, Mrs. Rose Peters of Durango, Colorado, was killed while riding her hand cycle as a result of the negligent driving of Mrs. Judy Mae Purcell. Mrs. Peters ...

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  • Miramar Mountain Bike Confiscation Case Covered by Mission Times Courier
    Miramar Mountain Bike Confiscation Case Covered by Mission Times Courier

    The Mission Times Courier recently published an article on the subject of the Miramar Marine base mountain bike confiscation case , a case in which Richard Duquette stepped into the spotlight in his ...

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  • GrindTV Covers Miramar Mountain Bike Case
    GrindTV Covers Miramar Mountain Bike Case

    GrindTV spoke with San Diego bicycle attorney Richard Duquette about about the Miramar mountain bike confiscation case, discussing the way the situation was handled by the "badge-heavy military." Read ...

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  • CBS News 8 Covers Return of Confiscated Bikes
    CBS News 8 Covers Return of Confiscated Bikes

    CBS News 8 ran a report yesterday about the return of the mountain bikes confiscated by MCAS Miramar. Watch the video below: CBS News 8 - San Diego, CA News Station - KFMB Channel 8

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  • Feds Released Mountain Bikes to Five Riders Today
    Feds Released Mountain Bikes to Five Riders Today

    We are pleased to announce that Oceanside Attorney Richard L. Duquette's five clients had their mountain bikes returned to them undamaged from MCAS Miramar early this morning. Military police turned ...

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  • NBC 7 Announces Return of Confiscated Mountain Bikes
    NBC 7 Announces Return of Confiscated Mountain Bikes

    NBC 7 San Diego announced this morning the news that the mountain bikes seized by MCAS Miramar are to be returned to their lawful owners, a victory in the case in which Richard Duquette has been at ...

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  • Feds to Release Mountain Bikes for Bikers' Promise Not to Sue and Small Fee
    Feds to Release Mountain Bikes for Bikers' Promise Not to Sue and Small Fee

    We are pleased to announce that Oceanside Attorney Richard L. Duquette has reached a favorable settlement with MCAS Miramar officials to immediately release his clients' valuable mountain bicycles. In ...

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  • Release of Mountain Bikes in Magistrate's Hands
    Release of Mountain Bikes in Magistrate's Hands

    Dear Clients Today I drove to San Diego Federal Court and hand delivered my declaration in support of an ORDER to have the Magistrate SET a date for a motion ordering the RELEASE of the Mt Bikes. The ...

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  • Feds Welch on the Release of the Mt. Bikes
    Feds Welch on the Release of the Mt. Bikes

    When the military was recently offered a stipulation to the evidentiary chain of custody and a guarantee the mountain bikers will appear in court in exchange for the expensive bikes, presented by our ...

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  • NBC 7 Covers Confiscated Bikes Case
    NBC 7 Covers Confiscated Bikes Case

    Here is a brief recap of last night's TV news story (Channel 7) with the latest on the Mt Bike saga. " 'We Want the Bikes Back': Attorneys Take on Case of Confiscated Bikes " Below, is a press release ...

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  • Updates on Miramar Marine Base Mountain Bike Incident
    Updates on Miramar Marine Base Mountain Bike Incident

    On or about January 16, 2016, approximately 45 mountain bikers were cited by the Military Police for allegedly entering a military installation, with knowledge, in violation of 18 USC 1382. Their ...

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  • Free Mountain Bike Defense Meeting for Miramar Marine Base Ticketed Mountain Bikers
    Free Mountain Bike Defense Meeting for Miramar Marine Base Ticketed Mountain Bikers

    For Immediate Distribution. Richard L. Duquette, Esq. THE LAW FIRM OR RICHARD L. DUQUETTE Oceanside, California Richard Duquette, Esq. will be holding another FREE joint Mountain Bike defense meeting ...

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  • Dozens of Bikes Confiscated, Citations Issued for Riding on Military Land
    Dozens of Bikes Confiscated, Citations Issued for Riding on Military Land

    NBC 7 San Diego recently reported on a rash of tickets issued to mountain bikers riding on trails in the Sycamore Canyon Preserve and other federal land in the area. As disturbing as it was to learn ...

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  • Law Firm of Richard L. Duquette has Prompt Victory in Fiesta Island Bicyclist Case
    Law Firm of Richard L. Duquette has Prompt Victory in Fiesta Island Bicyclist Case

    In August 2014, a reckless motorist drove the wrong way on Fiesta Island and didn't stop until she had collided with a group of nearly 20 bicyclists. Many of these bicyclists were hurt, including Mr. ...

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  • Keys to Proving Personal Injury Case
    Keys to Proving Personal Injury Case

    As a service to you, this newsletter contains vital information regarding the proving of your personal injury case. The emphasis of my law practice is on personal injury, such as bike, auto, and cycle ...

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  • Understanding Insurance Companies Insurance Claims Procedure
    Understanding Insurance Companies Insurance Claims Procedure

    Insurance companies’ claims adjusters are professional negotiators , that use psychological techniques to settle for the lowest possible dollar, including discouraging people from using the ...

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  • Junk Science - Insurance
    Junk Science - Insurance

    No or low property damage = no injury The major premise of this paper is that all insurance companies will use any excuse to keep insurance premiums and profits. 1) State Farm’s use of paper reviews ...

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  • Deadlines on Filing a Lawsuit
    Deadlines on Filing a Lawsuit

    Every state has statutes of limitations and procedural requirements that place deadlines on when you can file a lawsuit. Statutes of limitations differ from state to state and depend also upon the ...

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  • Identifying & Overcoming Insurance Defense Trial Tactics in a MIST Case
    Identifying & Overcoming Insurance Defense Trial Tactics in a MIST Case

    This article is an attempt to identify and expose unfair insurance defense trial tactics, so deserving victims receive full justice. As practitioners, we regularly see the injured in our offices ...

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  • Preserving the Evidence
    Preserving the Evidence

    Take photographs of the accident location IMMEDIATELY after a crash from every conceivable angle and location. Lay a yardstick next to skid marks so someone can readily compute actual distances based ...

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  • Proving MIST Causation
    Proving MIST Causation

    The Mind Of A Trial Lawyer: I feel the most important first step in proving a MIST case starts with the mindset of the trial lawyer. You must emanate confidence, or the jury won’t believe you. This ...

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  • Shopping for an Umbrella Policy with Underinsured/Uninsured Coverage
    Shopping for an Umbrella Policy with Underinsured/Uninsured Coverage

    As previously discussed on my website, you need strong under insured/ un insured motorist coverage that mirrors your auto liability coverage limits. If you are hit on a bicycle, make sure your auto ...

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  • Head Injuries From Accidents Including Bicycle Accidents
    Head Injuries From Accidents Including Bicycle Accidents

    Head injuries are very common among people involved in accidents. The head injury can vary from something innocuous like a small cut, to a concussion, closed head injury, open head injury, or ...

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  • Night Riders and Commuters
    Night Riders and Commuters

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  • DMV Justice - Motor Vehicle Re-Examination Process
    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? ...

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  • Taking a Risk Could Lead to Bankruptcy
    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 ...

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  • David & Goliath: Evening Dangers of Bike Riding - Triathlete Mother Wins
    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 ...

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  • The Bicyclist Juror: The Great Levelers
    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 ...

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  • Spotlight on NYTRO Multisport
    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 ...

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  • A Loyal Lawyer for Bike Accidents
    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 – ...

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  • Spotlight on B&L Bicycles
    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 ...

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  • Bicyclists Need Appropriate Insurance Coverage
    Bicyclists Need Appropriate Insurance Coverage

    BICYCLE INJURY LAWYER, OCEANSIDE Buying strong insurance coverage is a love-hate relationship. I often wonder if it is worth it to spend the money on skyrocketing insurance premiums. I hate giving my ...

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  • Spotlight on Moment Cycle Sport
    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 ...

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  • The Tipping Point: When Road Rage Goes Too Far
    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. ...

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  • Do I Control the Traffic Lane? Where Do I ride?
    Do I Control the Traffic Lane? Where Do I ride?

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  • Evidence Wins Bicycle Injury Cases
    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. ...

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  • Carbon Fiber Bike - Repair and Recovery
    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 ...

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  • Brain Injuries & Bicycling
    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 ...

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  • Why Do Trucks & Bicycles Collide?
    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 ...

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  • Inattentive Drivers a Cyclist's Worst Enemy
    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, ...

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  • Bicycle Law and Why I Love Helping Bicyclists
    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 ...

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  • Injury Lawyer Questions
    Injury Lawyer Questions

    How do you know if the personal injury lawyer you want to hire is qualified? Lawyers should be selected for their expertise and experience in specific categories of cases. The “right lawyer” is the ...

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  • The Defense Medical Exam
    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 ...

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  • Cyclist Wins
    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 ...

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  • Calculating Pain & Suffering
    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 ...

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  • Government Claim Forms
    Government Claim Forms

    GOVERNMENT CLAIM FORM: CITY OF SAN DIEGO This form is generally used for complying with the Statute of Limitations that bar you from recovery if not filed on time. A claim must be presented to the ...

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  • Bicyclists Rights in Court
    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. ...

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  • The Three Feet for Safety Act:
    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 ...

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  • HawkEye Road Hazards - An Eye in the Sky for Bicyclists!
    HawkEye Road Hazards - An Eye in the Sky for Bicyclists!

    By : Richard L. Duquette, Esq. © 2014 All Rights Reserved. I recently posted a request to TCSD's list-serve asking for recommendations for topical and interesting articles for my site. One member, ...

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  • Good Samaritans are Protected
    Good Samaritans are Protected

    You know the scene. You’re out on your bicycle and you come upon a downed rider, as a result of a bicycle crash , bicycle car accident , dangerous roads or hit and run . There are only a few people ...

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  • Picking a Great Lawyer
    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 ...

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  • The Law Firm of Richard Duquette Helped Establish a Carlsbad Bicycle-Pedestrian Safety Committee
    The Law Firm of Richard Duquette Helped Establish a Carlsbad Bicycle-Pedestrian Safety Committee

    On September 25, 2014 an inaugural meeting was held at Attorney Richard Duquette's Law Office to form a new volunteer bicycle – pedestrian Safety Committee called " Bike Walk Carlsbad ". The Bike Walk ...

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  • Firm News for Fall of 2014
    Firm News for Fall of 2014

    The Law Firm of Richard L. Duquette is heavily involved in the community, from Oceanside to the surrounding communities. Read below to see the events and causes that Attorney Duquette is involved with ...

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  • Carlsbad Triathlon Bicycle Clinic: Saturday June 28th
    Carlsbad Triathlon Bicycle Clinic: Saturday June 28th

    Carlsbad Triathlon Sponsor and Bicycle Injury Attorney Richard L. Duquette conducted a Bicycle/Race clinic on Saturday June 28 th at the Tamarack Beach Parking lot in Carlsbad. "We had a great turn ...

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  • Carlsbad Triathlon and Bicycle - Race Clinic
    Carlsbad Triathlon and Bicycle - Race Clinic

    There are two great events planned to add some fun to your summer! In Anticipation of the 33 rd Annual CARLSBAD TRIATHLON we are conducting a FREE Bicycle/Race clinic on June 28-2014 from 8-10 am at ...

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  • Camp Pendleton Crash Case Settles for Damages and Safer Roads in San Diego County
    Camp Pendleton Crash Case Settles for Damages and Safer Roads in San Diego County

    We are pleased to announce that we have reached a settlement in a recent case involving a tragic bike crash which occurred last year on the United States Marine Corps' Camp Pendleton Base. The Law ...

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  • Richard Duquette Places Second in Ninja Night Race
    Richard Duquette Places Second in Ninja Night Race

    This last Thursday October 24, 2013 the First Ninja Night Race occurred in San Diego. The Law Firm of Richard L. Duquette was a proud sponsor of the event, and took part as a racer. Here is what he ...

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  • October 24th - Join Us at the Ninja Night Race!
    October 24th - Join Us at the Ninja Night Race!

    Join us on October 24 th at 7:00 PM for the Ninja Night Race! The Law Firm of Richard L. Duquette is sponsoring the race, and we want to see as many people as possible on the course to take part and ...

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  • Camp Pendleton Crash Facts
    Camp Pendleton Crash Facts

    Pretrial Disclosure & Government Claim Form Click to view entire document (20 pages) UT - San Diego articles: http://www.utsandiego.com/news/2013/Aug/09/cyclist-killed-pendleton-crash-heinz/ ...

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  • The Law Firm of Richard L. Duquette Secures Victories for Two Bicyclists
    The Law Firm of Richard L. Duquette Secures Victories for Two Bicyclists

    Oceanside, California is a lovely southern California City, and as a result, a popular bicycling community. The Law Firm of Richard L. Duquette represents the rights of injured bicyclist and their ...

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  • Richard Duquette and John Howard Race in the Quick 'n' Dirty MTB Series
    Richard Duquette and John Howard Race in the Quick 'n' Dirty MTB Series

    This is me and bicycle legend John Howard at the Quick ‘n’ Dirty mountain bike race last night at Lake Hodges Escondido, Ca. John is a Pan American Games gold medalist, Ironman world champion,and ...

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  • Sharing the Road: Bicycle Safety Tips from the DMV
    Sharing the Road: Bicycle Safety Tips from the DMV

    May is Bicycle to Work month and in celebration we wanted to share this safety video from the DMV. With a lot more cyclists on the road, it’s important to ride and drive safely to avoid accidents. The ...

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  • Carlsbad Triathlon Clinic Recap
    Carlsbad Triathlon Clinic Recap

    Thank you to the City of Carlsbad and to all who attended the Carlsbad Triathlon Clinic with myself, John Howard, and Stu Clot on Saturday! Here’s a quick recap and some photos from the clinic. ...

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  • Carlsbad Triathlon Bike Course Race, Training and Safety Clinic
    Carlsbad Triathlon Bike Course Race, Training and Safety Clinic

    Cyclists, please join myself and Ironman Champ, John Howard, along with Stu Clot, experienced Bicycle Mechanic & triathlete, for a Bike Course Race, Training and Safety Clinic for the Carlsbad ...

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  • Not Your Typical Bike Event Sponsor
    Not Your Typical Bike Event Sponsor

    Oceanside, CA - Richard L. Duquette, Bicycle Injury Lawyer, Cyclist, and Personal Injury Attorney supports local cycling groups and female cyclists by sponsoring 9 th Annual Red Trolley Classic ...

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  • UcCyclery La Jolla, CA
    UcCyclery La Jolla, CA

    Dave Sadeghi , Owner of UcCyclery, studied mechanical engineering, then followed his dream - owning a high end bicycle store focusing on customer service. It shows! That was over 25 years ago. Today, ...

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  • El Camino Bike Shop
    El Camino Bike Shop

    Proudly serving Encinitas and North County is the El Camino Bike Shop. Fittingly, they are located near Encinitas Boulevard and El Camino Real. They can be found at www.elcaminobikeshop.biz . The ...

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  • 9th Annual SPY Red Trolley Classic
    9th Annual SPY Red Trolley Classic

    We are only 6 days away from the 9th Annual SPY Red Trolley Classic Criterium, which takes place February 5th, 2012. Here is some information about this year’s race, along with the flyer. For more ...

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  • SPY Colocross Race Saturday, Jan 7 at CSUSM
    SPY Colocross Race Saturday, Jan 7 at CSUSM

    Look for some fun this Saturday in North County San Diego! A good fast course with some challenging dirt sections including the SPY-clone! The course uses part of the cross country running and frisbee ...

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  • Spy Clo-Cross Race - San Marcos
    Spy Clo-Cross Race - San Marcos

    Dear Bicyclists, Below is a flyer for the upcoming Spy Clo-Cross race on January 7, 2012 starting at 8:00 a.m. Feel free to print and distribute it. The race is a 3k course, mostly dirt, and will be ...

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  • SPYClocross Event Photos
    SPYClocross Event Photos

    Of Interest, here are a few photos of the recent Lake Hodges Cyclocross race. I was a sponsor and participated in the SPYCyclocross race at Lake Hodges, hosted by the Ranchos Cycling and Team ...

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  • Spy Clo-Cross, Sat Oct 29th - Course Map
    Spy Clo-Cross, Sat Oct 29th - Course Map

    Dear Bicyclists, Here is the course map for the Spy Clo-Cross race on October 29th. It should be a great time for all. Hope to see you out there! - Richard Duquette

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  • Gov. Jerry Brown Vetoes Bicycle Bill As Unsafe
    Gov. Jerry Brown Vetoes Bicycle Bill As Unsafe

    Gov. Jerry Brown vetoed the bicycle safety bill that would have required motorists to give bicyclists at least 3 feet of passing room or slow down. He believed this bill was fundamentally unsafe ...

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