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Year: 2012

California Bicycle Law of the Day: 27400 Wearing Headsets or Earplugs

Posted on December 11, 2012 in Law

27400.   A person operating a … bicycle may not wear a headset covering, or earplugs in, both ears. While there are several exceptions, the only exceptions generally applicable are as follows: (d) A person wearing personal hearing protectors in the form of earplugs or molds that are specifically designed to attenuate injurious noise levels. The plugs…

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San Francisco woman catches bicycle bandit suspect with bear spray

Posted on December 1, 2012 in Law

Police believe an area woman Sonya Yu has helped capture the “Bicycle Bandit of Noe Valley” using anti-bear spray and a wooden sword. The suspect has been identified as 51-year-old Andy Anduha, who may be the package bandit / auto thief recently spied on multiple bay area security cameras riding off on a bicycle near the package-grab crime scenes. Ms….

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Police/Traffic Reports in Bicycle Accident Claims – NOT Determinative!

Posted on December 1, 2012 in Law

Most people (and many attorneys) erroneously believe that when the police report places the other party at fault for a traffic collision, the other party’s insurance must pay for any damages/injuries.  This is incorrect. The fact of the matter is that police reports are not admissible as evidence in court.  The report is considered to…

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“High Low” Agreements in Bicycle Accident Litigation

Posted on November 25, 2012 in Law

All attorneys in California who represent injured cyclists should consider whether the use of a “high low” agreement would be beneficial in a particular case. Unfortunately many California attorneys are completely unaware of the availability of these agreements. If you have been injured in a bicycle collision and are represented by an attorney, it is…

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California Bicycle Law of the Day: CVC 21205 (Carrying items)

Posted on November 20, 2012 in Law

While we don’t see this one violated that often, it does happen. California Vehicle Code section 21205 states, “No person operating a bicycle shall carry any package, bundle or article which prevents the operator from keeping at least one hand upon the handlebars.” In plain english, this means that if you are riding a bicycle,…

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“Will My Bicycle-Accident Case Require Litigation?”

Posted on November 18, 2012 in Law

I am often asked by prospective clients whether their case will require litigation.  The answer depends on the specific facts of each individual case, but generally the answer is “no.” If the insurance company and you/your lawyer cannot agree upon the value of your case, it may be necessary to begin a lawsuit. This is…

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Bike Accident Litigation Tip: Your Case with “Special Interrogatories”

Posted on November 7, 2012 in Law

When an injured cyclist brings a claim against the negligent driver/adverse insurance company, it is imperative that the cyclist’s attorney build their case, and restrict the insurance company’s case, by using what are called “special interrogatories.” Special interrogatories are questions that the cyclist’s attorney can write pursuant to the California Civil Code that are then…

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