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Bicycle Law Blog

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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Bicycle Insurance Claim Tip: California’s Comparative Fault

Posted on October 22, 2012 in Law

“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…

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Bicycle Insurance Claim Tip: Police Reports

Posted on October 21, 2012 in Law

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…

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