[SDCBC] Suing a Drunk Driver

[Richard Duquette]

>Dear List Mates
>
>The recent bicycle photo of the Drunk Driver hitting the racers in 
>Mexico is tragic.Just a quick legal point, many auto policies would 
>cover such an event if within 150 miles of the border,even if you 
>are riding a bicycle and not in your car.
>
>Also, I will post two articles (one below & one momentarily) 
>relevant to the recent current events, the Mexico crash & the recent 
>guilty plea to the Solana Beach cyclists death.They are: "Suing a 
>Drunk Driver" and "Bicyclists rights in Court".
>
>These and other practical  bicycling articles can be found on my web 
>site at www.911law.com
>
>Ride Safe, Ride Strong
>
>Richard Duquette
>www.911law.com
>Carlsbad
>760-730-0500
>
>>
>>
>>Suing a Drunk Driver:
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>>[]
>>Recently I settled what initially looked like a small case for a 
>>triathlete/cyclist. We were fortunate to receive the defendant's 
>>full insurance policy limits. I believe this was because the 
>>defendant was convicted of drunk driving prior to my handling the 
>>civil case. I wanted to share my perception as to why the insurance 
>>company paid the full policy limits in this case. I think the 
>>insurance company ultimately realized that if they continued to 
>>litigate, they were exposing their insured to punitive damages and 
>>attorney's fees beyond the policy limits. Punitive damages are 
>>designed to punish and deter despicable and malicious conduct. For 
>>example, the defendant in our case drove with a .20 blood alcohol 
>>limit (that's the equivalent of 10 beers circulating in his system) 
>>when his car slammed into my client's vehicle.
>>
>>Normally punitive damages and attorney's fees are not applicable in 
>>an ordinary auto or bicycle personal injury case. In light of the 
>>defendant's conduct, and my deposition questioning exposing that he 
>>knew the effects each beer had on his behavior and his admission to 
>>the escalating effects of intoxication, I think his lawyer realized 
>>how angry a jury would react to this type of conduct. The punitive 
>>damage award would easily influence the overall value of the 
>>underlying general damages that normally flow from a garden variety 
>>auto/cyclist case. This became even more apparent, after I 
>>discovered during his deposition, that he had been warned years 
>>before of the effects of alcohol while in a 3-month alcohol program 
>>after sustaining a prior DUI conviction. This fact helped prove he 
>>knowingly choose to take a chance driving while appreciating the 
>>risks of driving drunk.
>>
>>Not all drinking rises to the level of a punitive damage case, even 
>>in an accident. However, in this particular case, the behavior was 
>>so outrageous that it warranted punitive damages. So in this soft 
>>tissue case, (which insurance companies ordinarily offer lowball 
>>settlements to injured cyclist/athletes, even when active 
>>lifestyles are affected) insurance paid the full policy limits of $15,000.
>>
>>So, the moral of the story is that each personal injury case is 
>>unique, and justice can be obtained from an insurance company when 
>>they are placed in the punitive damage/attorney fees "legal 
>>crosshairs". This is true especially while representing injured 
>>cyclists/athletes; who generally make excellent witnesses and 
>>testify very well in court as deserving claimants.
>
>Richard L. Duquette
>Criminal Defense &
>Bicycle Injury Lawyer since 1983
>Carlsbad, CA
>760-730-0500
>www.911law.com

Richard L. Duquette
Criminal Defense &
Bicycle Injury Lawyer since 1983
Carlsbad, CA
760-730-0500
www.911law.com  
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