Bicycle Law Blog

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…

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…

“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…