[SDCBC] Thanks - ignoring a detour & bike lane closed signs

[Richard Duquette]

List 
mates 
Confidential & Priviledged

Thanks for your overwhelming creative and constructive responses.

I believe your advocacy for cyclists rights makes a real difference out there.

I know it will (in the courtroom in this case) if they don't fairly 
settle thanks to all your help.

Best to you all

Richard Duquette
Carlsbad
www.911law.com



At 09:12 PM 6/8/2007, you wrote:
>List mates                                   Confidential & Privileged
>
>Id like to get your perspective regarding a potential issue that 
>involves a bicyclist that (for sake of discussion) ignored a detour 
>& bike lane closed sign.
>
>The cyclist is alleged to have then ridden close to the right side 
>of the road edge cement barrier (that was constructed for a quarter 
>mile) in order to get to his destination on the late afternoon 
>weekend.Taking the detour would have taken her about 3 miles out of her way.
>
>As luck would have it, a young man drove his car around the slight 
>right bend in the road that was partially obscured by the cement and 
>plywood barrier in the slow lane edge and side swiped the cyclist, 
>causing injuries and ripping off the cars right side mirror at the same time.
>
>The defense is that the cyclist should have ridden out of his way 
>several miles,even tho he has the right to the road as a cyclist, 
>and avoided riding near a cement barrier that  partially hid him 
>from oncoming traffic.
>
>I suspect the motorist should and could have driven in the fast lane 
>and had better vision, and  the officer suspects the motorist was 
>traveling too fast for the conditions...construction site and all 
>with the barriers.
>
>Do you feel the cyclist is with out fault or would you  apportion 
>responsibility in this case. If so, what are the percentages.??
>
>Thanks in advance for your opinions.
>
>Richard L. Duquette
>Bicycle Injury Lawyer since 1983
>Carlsbad, CA
>760-730-0500
>www.911law.com
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Richard L. Duquette
Criminal Defense &
Bicycle Injury Lawyer since 1983
Carlsbad, CA
760-730-0500
www.911law.com  
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