Year: 2012

“If I am injured in a bicycle accident and I was doing something illegal, I can not win my insurance claim, right???” Wrong.  Many years ago, the California Supreme Court considered the case of Li v. Yellow Cab Co.  In that case, the plaintiff, who was traveling down a public road, suddenly steered across three lanes…

Perhaps the biggest misconception regarding bicycle-accident insurance claims/lawsuits is that police reports taken by the officer(s) responding to the incident are determinative.  Our clients are almost always surprised to learn that police/traffic accident reports are NOT admissible in California courts. Section 20013 of the California Vehicle Code states in relevant part that: “No such accident report shall…

Anytime a claim for damages is brought against a negligent driver on behalf of an injured cyclist, one of the most essential tools to be used is California’s Statutory Offer to Compromise under Civil Code section 998, commonly known as a “998 offer.” A 998 offer is much like any other offer to settle that…

In a bicycle-accident lawsuit brought against a careless or reckless driver, an injured cyclist has the option to use what are referred to as “form interrogatories” (“form rogs”).  Interrogatories, or “rogs,” are questions that can be served on the adverse party during the “discovery” phase of a bicycle accident lawsuit in order to find out…

While there are many litigation devices in California that can facilitate the proving of a cyclist’s claim for damages in a bicycle/auto-accident lawsuit, one of the most powerful is the famed “Request for Admission” (“RFA”).   This important tool can expedite any bicycle accident lawsuit by eliminating the need to prove undisputed facts. When one…

While many bicycle accident cases fall under the 2-year statute of limitations (giving the cyclist 2 years in which to either finalize a settlement or else file a lawsuit for damages), there are some important exceptions. In many cases, California law provides for a much shorter time period in which to file a lawsuit. One…

 The first automobile accident in U.S. history is said to have been recorded in New York in 1896 when a car collided with a bicycle. There were fewer bicycles then — the invention was about 25 years old — and a heckuva lot fewer cars, so it’s hard to imagine how the two managed to…