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Bicycle Law Blog

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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CA Bicycle Litigation Tip: “998 Offers”

Posted on October 16, 2012 in Law

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…

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CA Bicycle Litigation Tip: “Form Interrogatories”

Posted on October 16, 2012 in Law

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…

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